The anticipation is over, and USCIS has initiated the notification process for those selected in the FY2023 H-1B lottery. Understanding the subsequent steps is crucial if you find yourself among the chosen. Let’s delve into what comes next.
When Will I Know if I was Selected?
USCIS has begun the selection and notification process, with completion set for March 31st. The notification is USCIS Form I-797A, Notice of Action. This document is pivotal in signaling your success in the H-1B lottery.
What to Do if You Were Selected
Congratulations on being selected! Now, your employer takes the reins by filing USCIS Form I-129 Petition for Foreign Worker on your behalf. Pay close attention to the timeframe outlined in Form I-797C, Notice of Action, which specifies the window for submitting the H-1B visa petition. The filing period spans from April 1, 2022, to June 30, 2022. USCIS strictly enforces this period, denying or rejecting petitions that do not adhere to the deadlines.
Can the H-1B Visa Lottery Selection be Transferred?
It’s important to note that the H-1B visa lottery selection is specific to the individual mentioned in the registration. Transferring this selection to another employer or employee is not permissible. Attempting to file an H-1B visa petition for a different employee than the one listed on the I-797C Notice of Action will result in denial or rejection.
What if You Weren’t Selected?
If you didn’t secure a spot in the initial H-1B lottery by March 31st, all hope is not lost. USCIS plans up to two additional lottery selections based on the petitions filed initially. Any remaining H-1B numbers will re-enter the lottery pool, providing another chance for those not initially selected.
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JEREMY L. RICHARDS is the founding partner of Richards and Jurusik and has dedicated his career to U.S. immigration law, with a specialized focus on assisting Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA) to work and live in the United States. (Full Bio)
