H-1B visa lottery conducted, USCIS begins sending out notifications to successful applicants
US completes H-1B selection for FY 2025, notifies myUSCIS accounts. Indians secure 70% visas. Transition to lockbox. New Form I-129 edition, updated fees effective April 1, 2024. No grace period after deadline.
By ET Online |
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The United States has completed its H-1B visa selection for the fiscal year 2025, and selected candidates are being notified, the US Citizenship and Immigration Services (USCIS) announced on Friday.
"Fiscal Year 2025 H-1B cap petitioners: random selections have been made and notifications are being sent to myUSCIS accounts beginning yesterday and continuing over the next few days prior to April 1," the immigration agency said in a post on social media platform X.
— USCIS (@USCIS)
The intial registration period for FY25 was originally announced from March 6 to March 22. However, a technical malfunction on the USCIS website caused a three-day extension to the deadline, shifting it from March 22 to March 25. Despite this delay, USCIS assured potential petitioners that they would still have the opportunity to confirm their eligibility to submit a petition subject to the H1B cap.
The demand for H-1B visas consistently surpasses the annual cap of 85,000, leading USCIS to utilize a lottery system to select recipients. In recent years, Indian tech professionals have been prominent beneficiaries of H1B cap-subject visas, securing over 70% of the available 85,000 visas, which includes the 20,000 allocated for holders of advanced US degrees under the master’s quota.
Starting next month, USCIS will initiate the transition of the H-1B Form I-129 filing location to a lockbox, necessitating all paper-based petitions to be sent to USCIS lockbox facilities. It is crucial to emphasize that there will be no grace period for petitions received at USCIS service centers on or after April 1, 2024.
This change applies to cap, non-cap, and cap-exempt H-1B filings. Specific mailing addresses for H-1B cap cases can be found on the Form I-129 Direct Filing Addresses page.
USCIS has also introduced new fees and a revised edition of Form I-129, which came into effect on April 1, 2024. Petitions postmarked on or after this date must incorporate the updated fees and utilize the new edition of Form I-129. USCIS will consider the postmark date to determine the appropriate form version and fees.
H-1B visa application process: A step by step guide
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To get an H-1B visa, you need a company to sponsor you. If you're already in the US on a student visa, ask your employer if they can sponsor your H-1B. Otherwise, consult an immigration lawyer about your options.
Your sponsor can be your current or a new employer, as long as they're willing to support your application.
To get an H-1B visa, you need a company to sponsor you. If you're already in the US on a student visa, ask your employer if they can sponsor your H-1B. Otherwise, consult an immigration lawyer about ..
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Every company who want to hire a foreign worker on an H-1B visa needs to first complete and submit a Labor Condition Application (LCA) to the US Department of Labor (DOL). This document is crucial and serves as a guarantee that the company will follow specific rules, such as paying the prevailing wage and not negatively impacting US worker opportunities.
However, before getting the LCA approved by the DOL, the company must go through certain mandatory steps. These steps involve providing details about the job, ensuring proper wage standards are met, and meeting legal requirements to protect the rights of both the foreign worker and US workforce.
Every company who want to hire a foreign worker on an H-1B visa needs to first complete and submit a Labor Condition Application (LCA) to the US Department of Labor (DOL). This document is crucial an..
Read More
To ensure H-1B visa workers aren't paid less than others doing similar jobs in the same area, the prevailing wage is used as a benchmark. This wage is confirmed by the state employment agency and should be met by the employer. If not, a wage determination is required.
There are three ways to find the prevailing wage: 1. National Prevailing Wage and Center (NPWC): This is the most reliable and recommended option - it offers "safe harbor status," meaning employers using the NPWC wage are less likely to face legal challenges related to underpaying workers.
2. Independent survey: An independent and credible source can conduct a wage survey to determine the prevailing wage.
3. Other legitimate sources: While possible, using other sources (besides the NPWC) is generally not advised due to potential legal risks.
To ensure H-1B visa workers aren't paid less than others doing similar jobs in the same area, the prevailing wage is used as a benchmark. This wage is confirmed by the state employment agency and sho..
Read More
Once the employer acquires the current prevailing wage, the next step involves submitting the Labor Condition Application (LCA) through the completion of Form ETA 9035, which is filed with the Department of Labor (DOL). This application must be electronically submitted using the Foreign Labor Application Gateway (FLAG) system.
The submission should not exceed a six-month timeframe from the commencement date of the employment period.
In cases where employers face physical disabilities or lack internet accessibility, an alternative option is available. They may seek permission from the Office of Foreign Labor Certification (OFLC) for special consideration to submit their ETA 9035 application by mail.
Once the employer acquires the current prevailing wage, the next step involves submitting the Labor Condition Application (LCA) through the completion of Form ETA 9035, which is filed with the Depart..
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After concluding the Labor Condition Application (LCA) process, the employer can move forward with the submission of the H-1B petition by completing Form I-129, officially known as the Petition for Nonimmigrant Worker. It is crucial for the employer to attach an employment letter containing precise details such as the position's duties, employment dates, comprehensive job description, offered salary, position requirements, and contact information.
Supporting documents for the foreign employee, including academic qualifications, training certificates, membership records, resume, and a letter of support, should be included.
The final stage in the H-1B visa application process involves monitoring the petition's status. This can be done by entering the receipt number into the USCIS website. As soon as USCIS processes and records your application, they will update the status on their system.
After concluding the Labor Condition Application (LCA) process, the employer can move forward with the submission of the H-1B petition by completing Form I-129, officially known as the Petition for N..
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After your I-129 is approved, you will receive Form I-797 Notice of Action and you are one step closer to completing the process. Based on weather you're in the Us or not at the time, your next steps will change.
After your I-129 is approved, you will receive Form I-797 Notice of Action and you are one step closer to completing the process. Based on weather you're in the Us or not at the time, your next steps..
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If you are currently in the United States, your immigration status will automatically shift to H-1B, and the USCIS will update your I-94 record to reflect this change. It's essential to refrain from engaging in any employment activities until your status has officially transitioned.
To obtain an H-1B visa stamp, the process involves submitting DS-160 and scheduling a visa stamping appointment within 90 days before your intended start of work in the US This option is applicable to individuals already holding a valid nonimmigrant status, such as O-1, J-1, or L-1 status.
Alternatively, if you are currently residing in the US, you can opt for consular processing. This route requires traveling back to your home country to get the visa stamped at the US embassy or consulate there. It's important to note that consular processing entails additional applications and documentation. Additionally, there is a chance of administrative processing, which may potentially cause delays in your employment commencement.
If you are currently in the United States, your immigration status will automatically shift to H-1B, and the USCIS will update your I-94 record to reflect this change. It's essential to refrain from ..
Read More
Applicants who submitted their application outside of the United States, will not only have to complete the DS-160 form but also schedule and attend an interview at a US embassy or consulate. Following the approval of the I-129 form, the next step is to submit a nonimmigrant visa application at a US embassy or consulate in one's home country.
This process requires specific documentation and a face-to-face interview at the embassy or consulate. Upon successful visa issuance post-interview, the individual becomes eligible to travel to the United States.
The granted visa serves as a valid travel document to enter the United States. However, approval to enter the country is still required upon reaching a port of entry. Additionally, each visa comes with an expiration date, necessitating entry into the US before this expiration. Upon arrival at the airport or border, permission from the US Customs and Border Protection (CBP) is required for admission to the United States as an H-1B visa holder.
Applicants who submitted their application outside of the United States, will not only have to complete the DS-160 form but also schedule and attend an interview at a US embassy or consulate. Followi..