In this article, you will find all the information regarding the following topics:
Do you have plans to start your career in the US in 2023? One of the first steps to initiating this process is to submit an H1B visa application to the United States Citizenship and Immigration Services (USCIS) for the Fiscal Year 2023.
The USCIS Fiscal Year commences from October 1st, 2022, and ends on September 30th, 2023. As per the U.S government's announcement, the initial H1B cap registration window opens at noon eastern on March 1, 2022.
Wage Level Shortlisting Policy Is Withdrawn by USCIS for Fiscal Year 2022-23
The previous year, the USCIS had delayed the Trump government's January 8 H-1B Lottery Policy, which sought to prioritize cap applicants at greater income levels, till December 31, 2021. The Biden Regime delayed the effective date for the H1-B second lottery until December 2021 in order to fully evaluate it, but following a legal case, the administration withdrew the regulation entirely from the Federal Register. As a result, the H-1B 2022 lottery is conducted on a conventional random selection method instead of a prioritized system depending on pay levels. The H1-B masters' cap, however, remains intact.
What does the term H1B visa cap mean?
Generally, the worldwide demand for H1B visas is very high. So, the US Congress has restricted the number of H1B visas issued per year to 85,000. This limit is called the H1B visa cap or H1B quota cap. Under the regular cap,65,000 visas are available every year. An additional 20,000 is available for applicants with a master's degree.
How does the USCIS select the H1B visa applications to be issued from the thousands it receives? It employs the H1B lottery process to randomly select the applicants that meet the annual quota cap. This selection process has been in practice since 2020.
Each fiscal year, USCIS opens a 2-week initial registration period. H-1B selections are then made based on properly submitted electronic registrations. Only those with selected registrations can file petitions subject to the H-1B cap.
Has the H1B cap been fulfilled for the year 2022? Apparently, yes. Reports say that the USCIS has received the number of H1B visa petitions it needs to fulfill the cap for the year 2022.
Also read to know how many times H1B lottery happens in a year.
The H1B lottery system is a two-step process:
Once the H1B cap is met, the lottery is complete. The USCIS notifies all the selected applicants who can now submit their H1B visa petitions. It is important to note that this H1B lottery is a very random process. Therefore, the selection is not based on a first-come, first-served basis. Once you've received the selection notification, you must start the registration process.
Here are the important dates to remember for H1B registration:
What should you do to register? You should create a myUSCIS online account. It is better to create this account before February 21, 2022.
Let's now look at the details of the H1B registration and the fee details.
How to Determine Whether You Were Selected in the H1B Lottery?
There are several options for finding out if you've been selected in the H1B lottery.
Each of the above methods is discussed in greater depth here .
What Should You Understand About Various Lottery Statuses?
If you view your application online, you may notice one of the following four status associated with your case. Look up here for more information.
What Happens If You Win the H1B Lottery?
If your application in the H-1B 2022 lottery is picked, your company will be mandated to submit an I-129 application for you, allowing your application to be adjudicated, which implies it will be finalized. More details on the H1B Visa Selection phase may be found by clicking on the following link.
What if I don't qualify for the H-1B Visa Lottery 2022?
In case you’re sure that you are ineligible for the H-1B visa, try applying for the H-2B visa or even the L-1 visa. An L-1B visa is another non-immigrant visa option that allows firms in the U.S. and overseas to relocate workers from outside subsidiaries to centers in the U.S. for a maximum of five years. Look for a list of alternatives here, if you're not chosen in the H1B lottery.
All US-based employers who wish to employ foreigners under the H1B category must register each potential candidate online. All employers must provide specific, basic, and accurate details about their company and each H1B cap employee. All potential employees eligible for the advanced degree exemption should also be registered. The employer should also pay the fees for an immigration attorney if they do not have an in-house immigration team.
Here are all the details of the H1B filing fees:
The employer pays all the above fees on behalf of their foreign workers. A Premium Processing Fee of $2,500, which is optional, is paid either by the employer or the applicant.
Knowing the details of the H1B application deadline 2022 is very important if you are serious about working in the US. We have already mentioned the important dates that you need to remember. Let's check them out one more time.
Also Read : H1B Interview- Understanding the Process
In the past, the H1B season would commence on April 1st. However, since the registration process was introduced, the dates have been reshuffled to handle the new online selection process and the H1B lottery system. Given below are the dates for H1B applications:
Apart from these dates, here are some timelines that you ought to take note of:
Also Read: The H1B Visa Lottery - A Quick Guide
Selection Probability in the H1B Lottery
The USCIS doesn't reveal the percentage of postgraduate degree exemptions. So, calculating the actual probability of getting approved in the H1B lottery is extremely difficult because many of the exemptions get transferred to the general visa lottery post 20,000 selections. The USCIS does disclose the overall number of applications so that we can evaluate our likelihood of getting selected for the general visa quota. Also, see how to boost your odds in the H1B Lottery.
Kindly note that if you are not selected, you may be included in a waiting list, after which the second and third lottery rounds will be held. Your lottery odds will differ, depending on the number of submissions and whether you qualify for the masters or regular caps
Moreover, the H1B lottery only occurs once a year. Therefore, applicants and sponsors can maximize their odds of success by following the above-mentioned guidelines.
Application and registration for H1B visas can be lengthy with strict deadlines. In the 2019–2020 season, Visa lottery applicants had a 32% chance of being selected if you have a slightly higher chance of selection if you qualify for the advanced degree exemption since you're entered into both lottery pools. Have a look at the FAQs on H1B Visa Lottery System.
Employment for Dependents & Spouses of H-1B Holders
In the year 2015, the Obama regime issued a directive permitting those with H-4 visas (children and spouses of H-1B holders) to acquire a work permit to be employed in the United States as long as the pertinent H-1B holder has an I-140 application pending for a green card. Under the current administration, Biden has proposed to make it permanent, if it gets passed as a law by the Congress.
H1B Lottery Forecasts for Fiscal Year 2023
The H1B visa is among the most sought-after visas for working in the United States. In recent times, USCIS has received more H1B petitions than the minimum 85,000 every year. Given the current trend, we don't really anticipate a reduction in demand to prevent a lottery scenario. We propose that you review H1B 2022 lottery probabilities here for a more in-depth understanding of the forecasts.
Get the TechFetch H1B expertise
The Department of Homeland Security (DHS) amends some DHS regulations governing the H-1B nonimmigrant visa program. So the employer must collect the documents accordingly to increase the chance of selection in the lottery. The H1b application and deadline details can be quite complicated. If you are a first-timer, refer to our TechFetch H1B website for more information.
**Disclaimer: All H1B processes and details are subject to change. Kindly refer to USCIS' official website for the latest updates.
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