The H1B visa program is critical for skilled professionals seeking employment in the United States. However, navigating the H1B cap filing process can be daunting. Our guide aims to explain this process, providing a clear roadmap and actionable advice for Fiscal Year 2025.
H1B Cap: A Quick Overview
The United States Citizenship and Immigration Services (USCIS) sets an annual limit on the number of H1B visas issued. For FY 2025, the cap is set at 65,000 for the regular H1B visas, with an additional 20,000 under the master’s exemption. Employers and potential applicants must understand this cap and plan accordingly.
Key Dates and Steps for H1B Cap Filing
- Early Preparation (December – January): Begin by identifying potential H1B candidates and finalizing the applicant list. Start gathering transcripts and experience letters for credential evaluation for foreign degree students.
- Labor Condition Application (February – March): File the Labor Condition Application (LCA) with the Department of Labor. This step is essential for determining the prevailing wage and ensuring compliance with employment conditions.
- H1B Registration Period (March 1 – March 17, 2024): Submit your H1B registrations with the required fee per applicant. This is a crucial window; missing it can delay your plans by a year.
- Petition Filing (April 1 – June 15, 2024): Once registrations are selected in the lottery, file your H1B petitions. This includes preparing all forms, support letters, and necessary documentation.
- USCIS Processing and Next Steps (June – October): After submitting the petitions, USCIS begins processing them. This period involves responding to any Requests for Evidence (RFEs) and preparing for the potential start date of October 1, 2024.
Why Timely Filing is Crucial
Given the competitive nature of the H1B program, timely filing is essential. In FY 2024, over 750,000 registrations were submitted, highlighting the intense competition. Missing the registration or filing window can significantly impact your chances and delay employment plans.
Tips for a Successful H1B Cap Filing
- Early Credential Evaluation: Obtaining a credential evaluation well in advance is crucial for candidates with foreign degrees. This helps to confirm the degree’s U.S. equivalency.
- Understanding LCA Requirements: Ensure the LCA accurately reflects the job position and is filed promptly to avoid processing delays.
- Preparation for RFEs: Be proactive in preparing and responding to any RFEs from USCIS, as this can impact your petition’s processing time.
- Cap-Exempt Alternatives: For those who miss the cap, explore cap-exempt alternatives like employment at higher education institutions or non-profit organizations.
Employee Consideration: Who will enter the lottery?
A critical decision for employers during the H1B cap filing process is determining which employees to enter in the H1B lottery. This decision requires strategic consideration, balancing the company’s needs with the eligibility and potential of each candidate.
Criteria for Selecting Candidates
- Specialty Occupation Relevance: The job must qualify as a specialty occupation. Candidates should hold at least a bachelor’s degree or its equivalent in a field related to the job.
- Candidate’s Qualification: Candidates with higher education or specialized skills that match the job requirements are preferable. This increases the likelihood of approval by USCIS.
- U.S. Master’s Degree Preference: Higher selection rate for U.S. Masters degree holders.
- Degree Completion: Qualifying degrees must be completed by the filing date.
- Long-Term Potential: Consider the candidate’s potential for long-term contribution to the company. Those with a clear career path within the organization are ideal choices.
- Previous Immigration Status: Prior H1B status or cap-exempt work (e.g., at a university) can influence the selection. Those not previously counted against the cap need to be prioritized. Consideration should be given to the following:
- F-1 OPT – Recent graduates on F-1 OPT status. “Cap-gap” provisions extend work authorization until September 30th if selected and approved.
- L-1B Visas – L-1B visa holders are nearing their five-year limit.
- Dependants – Those in TD or H-4 status as dependants.
- Long-Term Permanent Employment – Consider those with a non-immigrant visa that you plan on employing long-term and sponsoring for U.S. permanent residence. This may include TN Visa holders, E visa holders, and O visa holders.
- Country-Specific Caps and Exemptions: Be aware of any country-specific caps or exemptions that may apply, particularly for candidates from Chile and Singapore under the H-1B1 program and Canadian and Mexican nationals who qualify for TN status.
Strategic Considerations
- Diversity of Skills: A diverse set of skills among the selected candidates can benefit the organization in various areas.
- Business Needs: Align candidate selection with the company’s current and future project needs.
- Legal Compliance: Ensure all candidates meet the legal requirements for H1B visas to avoid rejection or delays.
Handling the Lottery Process
- Multiple Submissions: Consider submitting numerous qualified candidates to increase the chances of selection in the lottery.
- Timely Filing: Ensure that applications for all selected candidates are prepared and ready for submission as soon as the lottery opens.
Conclusion
The H1B cap filing process requires careful planning and timely action. Employers and applicants can navigate this process effectively by following this comprehensive timeline and adhering to USCIS requirements.
Subscribe to Our Resources Blog
Schedule a Consultation with an Immigration Lawyer
Additional Outside Resources
We Can Help!
You may have questions regarding the H1B visa lottery. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide 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 to assess your legal situation.
