Yesterday, the U.S. Citizenship and Immigration Services (USCIS) announced new rules for the H-1B visa lottery process. As an immigration attorney who assists both employers and employees, I want to break down these changes in a simple and clear way to help you understand how they might affect your H-1B visa applications.
What is the H-1B Visa?
First, let’s briefly talk about what an H-1B visa is. It’s a visa category for people who wish to work in the United States in specialized fields like IT, engineering, or finance. Employers sponsor these visas for eligible employees.
What’s New in the H-1B Lottery?
The H-1B visa process has always been competitive due to the cap on how many visas are issued each year. To manage this, USCIS uses a lottery system. Here are the key changes announced:
- Selection Process: The lottery will now be “beneficiary-centric” and tied to a foreign national’s passport or travel document. A foreign national beneficiary will now be limited to no more than a single entry in the lottery system, irrespective of the number of registrations submitted by different employers for that individual.
- Application Timelines: H1B registration for FY2025 will run from March 6, 2024, through March 22, 2024. Timing is crucial in visa applications, and missing a deadline can mean waiting another year.
- Fee Adjustments: The registration fee remains $10 for the FY2025 H1B registration period. However, since new filing fees will take effect in April 1, 2024, the H-1B I-129 fee will now increase from $460 to $780. This is in addition to the $500 fraud fee and the ACWIA (Training) Fee.
- Flexible Start Date: The petitioner can now request any start date in the applicable fiscal year, rather than the usual October 1st. Of course, the start date should still not exceed six months beyond the filing date of the petition.
- Documentation Requirements: As the new lottery system is tied to the foreign national’s passport or travel document, each beneficiary is now required to have a valid passport or travel document.
What Does This Mean for You?
For Employers: It’s vital to understand these changes to effectively sponsor your employees. Planning is key to ensuring your applications are submitted correctly and on time. As your legal guide, I can help you navigate these changes smoothly.
For Employees: If you’re hoping to apply for an H-1B visa, these changes may affect how you prepare your application. It’s important to stay informed and work closely with your employer and legal advisor.
How Can We Help?
My role as an immigration attorney is to make this process as clear and stress-free as possible for you. Here’s how I can assist:
- Guidance on New Rules: I’ll explain the changes in plain language, so you know exactly what to expect.
- Application Review: We’ll ensure your application is complete and meets all the new requirements.
- Strategic Planning: For employers, we’ll develop a strategy to maximize the chances of your employees being selected in the lottery.
- Regular Updates: Immigration laws can change rapidly. I’ll keep you informed of any new developments that might affect your application.
Let’s Navigate These Changes Together
Understanding these new rules is the first step in a successful H-1B visa application under the new system. If you have any questions or need personalized assistance, don’t hesitate to reach out. My goal is to support and guide you through every step of this journey.
For more information or to schedule a consultation, please contact us at info@tenoriolaw.com.