H1B Visa Lottery: Beneficiary-Specific Non-Transferable

Selection in the H1B visa lottery is the first step for obtaining an H1B visa. This selection is formally acknowledged through the USCIS Form I-797C, or Notice of Action, which signifies a successful lottery outcome and initiates the journey toward filing the H1B visa petition. Understanding the non-transferability of the lottery selection tied explicitly to the named beneficiary is essential.

Understanding Beneficiary-Specific Non-Transferability

The H1B lottery selection is nontransferable and tied to the individual named in the USCIS Form I-797C. Here’s what you need to know:

• Individual Focus: The lottery selection is uniquely associated with the beneficiary named on the I-797C form. This means the selection is exclusively for use by the named individual, highlighting its personal and non-transferable nature. There is no provision for transferring this selection to another prospective employee, emphasizing its individual-specific character. If multiple petitioners enter the lottery for the same beneficiary, each petitioner will be notified of the beneficiary’s selection in the lottery.

Consequences of Overlooking Non-Transferability

Attempting to transfer the H1B lottery selection to someone other than the beneficiary named on the USCIS Form I-797C is against USCIS policies. The petition will be rejected or denied if a petitioner attempts to use the lottery selection for someone other than the named beneficiary.

Conclusion

The process and regulations surrounding the H1B visa lottery selection reflect the USCIS’s commitment to a fair and transparent visa allocation system. The petitioners must recognize and respect the non-transferable clause of the lottery selection outlined in the USCIS Form I-797C.

Citations

• USCIS: Form I-129
• USCIS: H-1B Electronic Registration Process