H1B lottery

Receiving an H1B lottery selection is a pivotal moment for many aspiring to work in the United States. One of the key documents in this process is the USCIS Form I-797C, or Notice of Action. This notice not only confirms your selection in the lottery but also lays the groundwork for the subsequent H1B petition process.

Non-Transferability of H1B Lottery Selection

It is vital to understand that the H1B lottery selection is specifically tied to the employer and employee mentioned in the I-797C Form. This binding nature means:

  1. Employer Non-Substitution: The employer listed on the notice cannot be changed. The lottery registration is exclusive to the employer named in the selection.
  2. Employee Non-Transferability: Similarly, the H1B lottery selection is strictly for the employee named on the I-797C. There is no provision to transfer this selection to another employee.

Consequences of Attempting to Transfer Selection

Filing an H1B petition for an employer or employee not listed on the selection notice is not permissible. Such attempts will be met with rejection or denial by USCIS. This strict adherence underscores the importance of accuracy and compliance throughout the H1B visa application process.

Conclusion

The H1B lottery selection process underlines the commitment of USCIS to maintaining integrity and fairness in visa allocations. For employers and employees, it is crucial to adhere to the guidelines set forth in the USCIS Form I-797C, respecting the non-transferability of the lottery selection to ensure a smooth and compliant H1B visa process.

Additional Outside Resources

Subscribe to Our Resources Blog

Schedule a Consultation with an Immigration Lawyer

We Can Help!

You may have questions regarding U.S. immigration laws and visas. We invite you to reach out to our team at Richards and Jurusik for detailed guidance and assistance. Our goal is to provide you with the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today for an assessment of your legal situation.

Contact Us

Similar Posts