The H-1B visa lottery is a highly anticipated event each year, and being selected is a significant milestone. Understanding the subsequent steps after selection is crucial for a successful visa application. We will explain what you should do after receiving a selection in the H-1B visa lottery.
Receiving the H-1B Lottery Selection Notification
Once USCIS completes the lottery selection, recipients are notified through their USCIS accounts via a USCIS Form I-797C, Notice of Action. This notice includes essential information, such as the USCIS service center for filing the Form I-129 petition, the authorized company, and the beneficiary.
Restrictions on Beneficiary Substitution and Registration Transfer
The registration is specific and valid ONLY for the beneficiary named in the I-797 selection notice. Transferring the registration to another beneficiary or filing for a different beneficiary under the same notice is prohibited, and any such petitions will be rejected or denied.
Filing the USCIS Form I-129 Petition
Selected candidates must have the USCIS Form I-129 Petition for a Nonimmigrant Worker filed on their behalf by the employer within the timeframe specified on Form I-797C. The petition filing period generally runs from April 1st until June 30th. An adequately filed I-129 petition should include the following:
- A copy of the USCIS Form I-797C Notice of Action.
- A completed USCIS Form I-129 and H Classification Supplement.
- The required filing fees.
- A certified Labor Condition Application (LCA) from the U.S. Department of Labor.
- Evidence of the beneficiary’s status maintenance if seeking a change of status or extension of stay.
- Documentation proving the employment qualifies as a specialty occupation.
- Evidence that the beneficiary is qualified to perform the specialty occupation.
Implications of Missing the Filing Deadline
It’s imperative to file a properly supported Form I-129 petition before the deadline indicated on the selection notice. Failing to meet the deadline or submit a correctly completed petition can lead to denial or rejection and loss of the lottery selection, with no exceptions.
Options for Non-Selected Applicants
For those not selected by March 31st, hope remains. USCIS may conduct up to two additional lottery selections based on the number of petitions filed from the initial selection. This gives non-selected applicants another chance to be chosen for an H-1B visa.
Conclusion
Being selected in the H-1B visa lottery is just the beginning. Timely and accurate filing of the Form I-129 petition is crucial for securing your H-1B visa. Additional opportunities may arise through subsequent lottery selections for those not yet selected.
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