The H-1B visa program is a popular choice for American companies looking to hire foreign workers in specialised fields. It provides an opportunity for individuals with specialised skills to work in the US and contribute to the nation’s economic development. Each year, numerous people from across the globe are granted H-1B visas who come to the United States to engage in such employment.
If you want an extensive understanding of the 2023 H-1B lottery, its registration process, how to check H-1B lottery 2023, H-1B results, the pre-registration process, registration dates, filing petitions and more, read this article to get complete insights!
What is H-1B Visa Lottery?
The US Citizenship and Immigration Services (USCIS) use the H-1B visa lottery to randomly select applicants from the pre-registration pool to be processed for the given fiscal year.
The lottery system is fair and equal, giving all petitions an equal chance of selection regardless of when they were filed or where the sponsoring employer is located.
The lottery is a necessity because more H-1B visa petitions are submitted than visas that are available under the annual cap. The annual quota for this program is 65,000 out of which 6,800 visas are set out in legislation to implement U.S.-Chile and U.S.-Singapore free trade agreements. If these visas are not used, they can be made available for regular H-1B cap applications the next fiscal year. The H-1B visa program provides an additional quota of 20,000 visas for those who have earned a master’s degree or higher from a US school.
How Does the H-1B Lottery Work?
The H-1B Lottery kickstarts as follows:
- Employers or their representatives must pre-register for the H-1B through “myUSCIS”
- The designated period for registration starts on March 1st and closes at March 17th at 12:00 noon (ET)
- USCIS randomly selects registrations to file a full petition, notifying the employers whose registrations were chosen within the allocated time frame.
- The designated period for USCIS to announce the lottery results is between 18th and 31st March.
Note: It is important to be aware that even if a registration is picked in the 2023 H-1B lottery, getting their petition approved is not guaranteed. It is pertinent to make sure that the applicant meets the eligibility requirements and submit a properly prepared petition.
Important Registration Dates |
February 21: Employers start creating “myUSCIS” H-1B registration accounts |
March 1: Registration period opens at 12:00 noon (ET) |
March 17: Registration period closes at 12:00 noon (ET) |
March 18 – 31: USCIS conducts the lottery and electronically notifies selected registrant |
April 1: Filing period begins for selected registrations ONLY |
Steps to Pre-Register for the H-1B Visa Lottery
Here are the steps to pre-register for an H-1B visa:
It is an online portal for filing and managing immigration-related applications
The employer provides information about the company, including its name, address, and Employer Identification Number (EIN)
During this period, the employer will need to submit a registration for each employee they plan to sponsor for the H-1B visa
The employer submits a registration for each employee by providing basic information, including the employee’s name, date of birth, country of birth, and passport number
- USCIS will run a lottery to randomly select which registrations will be processed
- If an employer’s workers are chosen through a lottery system, the employer will receive a notification and can then begin the process of filing for H-1B visas for their employees
The Employer or Attorney can view the application status on the myUSCIS after logging in through the Registrant or Legal Representative account. The selected applications will show up as “Selected” and will have a “Registration Selection Notice” for confirmation.
The USCIS will issue a Registration Selection Notice to the employer or attorney after preregistration
H-1B Lottery 2023 - 24: Procedure Post Selection
If your H-1B visa application is selected in the lottery, the next steps in the process typically involve:
- During this period, selected employers will need to file an H-1B petition for the employee they registered
- The employer files an H-1B petition for the selected employee, including all necessary supporting documents. The employer will have 90 days to file a fully prepared H-1B visa petition starting April 1st, 2023
- USCIS will then review the petition and may issue a Request for Evidence (RFE) if additional information is needed
Note: If your employee’s registration is not selected, it will be maintained until USCIS determines that it has received enough petitions to meet the CAP, after which time the registration status will be updated online as “not selected.” Additionally, it’s important to have all the required documentation and fees ready in order to ensure a smooth and efficient petition process.
The employers of selected registrants need to submit all necessary documentation when filing their complete H-1B petition
Documents Required for Filing Complete H-1B Petitions
- Valid passport – a valid passport entails current and unexpired passport
- Education and work experience documents, including degree & diploma certificates, and transcripts
- Proof of specialised training required for the position, such as certifications or licenses
- Employer’s Identification Number (EIN) along with financial documents
- Labor Condition Application (LCA) certified by the Department of Labor
- Employment Offer Letter from the sponsoring company
- The candidate is required to submit letters of experience or client feedback from their current employer
- Applicant’s financial documents
- Form I-129 for nonimmigrant worker
- Applicable fees for filing the H-1B visa application
- Any additional documentation or information requested by the USCIS
USCIS performs a final review to decide if they should approve or deny the petition based on qualifications
If you are outside the United States and require a visa to enter the country, you will need to attend an interview at the US consulate or embassy to obtain your visa
Once your H-1B visa has been approved, you can travel to the United States and begin working for your sponsoring employer.
Note: It’s important to note that the specific steps and timelines can vary depending on the circumstances of each case, and it’s always best to consult with your employer or attorney for guidance throughout the H-1B visa application process.
Conclusion
The H-1B visa registration process is an opportunity for employers to bring in talented individuals to fill critical roles in their organizations. It is important for employers and foreign workers to understand the H-1B program and to consult with an immigration attorney or accredited representative to ensure compliance with all relevant laws and regulations. The process of obtaining an H-1B visa can be complex, and it is important to carefully follow all procedures and deadlines to ensure a successful outcome.
How Can Kodem Law Help?
Kodem Law is dedicated to help you secure the talent you need to grow and succeed. Contact us today at 888-955-6634 or info@kodemlaw.com to start the journey towards a successful H-1B visa petition.
Frequently Asked Questions
1. What happens if an employer’s H-1B registration is selected in the 2023 H- 1B lottery?
A: If an employer’s H-1B registration is selected in the lottery, they will be eligible to file a complete H-1B petition on behalf of the prospective employee.
2. When can an employer begin employing an H-1B worker who has been selected in the lottery?
A: An employer can begin employing an H-1B worker who has been selected in the lottery from October 1 of the fiscal year for which the H-1B visa was granted.
3. Can an H-1B worker change employers?
A: Yes, an H-1B worker can change employers, but the new employer must file a new H-1B petition on their behalf.
