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Sophie Alcorn , lawyer , generator and founder ofAlcorn Immigration Lawin Silicon Valley , California , is an awarding - win Certified Specialist Attorney in Immigration and Nationality Law by the State Bar Board of Legal Specialization . Sophie is passionate about transcend borders , expanding opportunity , and connecting the world by practicing compassionate , visionary , and expert in-migration police force . associate with SophieonLinkedInandTwitter .
TechCrunch+ member receive access to weekly “ Ask Sophie ” columns;use promo code ALCORN to purchase a one- or two - twelvemonth subscription for 50 % off .
Dear Sophie ,
I ’m the co - father of a startup that has done H-1B transfers ( including my own ) but has not yet registered anyone in the H-1B lottery . This year , we require to register an F-1 student who has been working with us on OPT and a novel engineer who is currently outside the U.S. I ’ve heard there are change to the lottery . Any insights you may share ?
— Looking to the Lottery
Dear looking at ,
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A main affair to keep in intellect is that the filing fees for all visa and light-green card petition , let in theH-1Bspecialty occupation visa , will increase on April 1 . The filing fee for the H-1B will increase from $ 460 to $ 780 for employers with 26 or more full - time employee . Also on April 1 , the U.S. Citizenship and Immigration Services ( USCIS ) will issue a revisedForm I-129(Petition for a Nonimmigrant Worker ) , which must be used . Attend my upcoming February 9free educational AMA webinarand read on for more .
First , let me excuse what ’s call the cap - topic H-1B process , aka drawing , which will accept submissions from 12 noon ( ET ) on March 6 , 2024 , through 12 noon ( ET ) on March 22 , 2024 .
Know the H-1B basics!
Every twelvemonth , the act of H-1B visas available to company was capped at 85,000 . Of those , 65,000 are for soul who have at least a bachelor ’s degree , and the balance are appropriate for those with a overlord ’s or higher degree .
When the requirement for H-1Bs exceeds the supply , which has been the event for the past 10 , the USCIS holds a lottery to determine which cap - subject employers can utilize for an H-1B on behalf of their candidate . In March , the USCIS begins accepting registrations for candidates in the annualH-1B lotteryfrom employers or employer representatives . The fee to register each candidate is currently $ 10 . By the end of March , the USCIS will select enough registrations to fulfil the annual 85,000 H-1B cap and notify employers whether their candidates have been selected .
Employers have from April 1 to June 30 to submit an H-1B petition to the USCIS , which must let in a Labor Condition app ( LCA ) approved by the U.S. Department of Labor . If the USCIS approves the petition , the early the H-1B beneficiary can start work is October 1 , which is the start of the next government financial year .
now and then , the USCIS will hold a 2d — or even a third — lottery pick round of drinks if it has not received enough H-1B petitions or the H-1B denial rate was eminent than expected .
The USCIS can take virtually three month to adjudicate H-1B case , depending on the Robert William Service center , according to the USCISCase Processing Timespage . Premium processing is available for H-1B petitions , which assure the USCIS will either decide on the petition or issue a request for evidence within 15 day . The Premium Processing fee is $ 2,500 , but it will increase to $ 2,805 on February 26 .
Some employers qualify to petition for an H-1B visa at any clock time of the yr without run through the drawing process . Called cap - nontaxable employers , they are not subject to the annual 85,000 H-1B chapiter and admit colleges and university , nonprofits splice to universities , nonprofit enquiry organizations , and government research organizations .
For - profit employers that have H-1B nominee who were not selected in the lottery are increasingly quest for cap - exempt H-1Bs for those candidates . If a for - net profit employer can batten a part - sentence H-1B visa for its nominee through a crown - exempt employer , the for - profit employer can concurrently patronise the individuals for an H-1B. Take a look at this previousAsk Sophie columnfor more details on cap - nontaxable H-1Bs .
H-1B process goes fully online
This calendar month ( February 2024 ) , the USCIS launched what it callsOrganizational Accountsfor all H-1B lottery registration and filing , both cap and jacket crown - exempt . These accounts will allow several individuals within an governing body , such as an employer and lawyer , to get together on preparing H-1B registrations and filings and give in a completed H-1B petition — even with agio processing serving — online to the USCIS . This is a great footprint forwards to digitise and streamline the H-1B process , adding clarity to the mental process .
1 Person, 1 Chance
Last yr , the USCIS received a walloping 758,994 eligible registrations for the lottery , and for the first time , more than one-half — nearly 408,900 — of the registrations were H-1B candidates who had more than one employer register them in the lottery . While multiple enrollment from the same employer for the same H-1B prospect are automatically disqualified from the drawing , multiple enrollment from unlike employer for an H-1B campaigner are allow — and many campaigner pursue that to ameliorate their chances of being pick out . The USCIS is changing this .
Last calendar week the U.S. Department of Homeland Security ( DHS ) , which oversee the USCIS , issued afinal rulethat train to level the acting field for all H-1B candidates . Candidates can continue to be register by unlike employer . However , each unique H-1B candidate would be enter into the drawing only once irrespective of how many employer register them in the drawing . If an H-1B prospect is select , each employer that register the candidate would be eligible to lodge a petition on the prospect ’s behalf , which effectively means the person can choose which employer to solve for .
Cap gap changes on temporary hold
primitively , changing the handling of multiple employer registrations was included along with stretch cap gap , which impacts international students on F-1 visa who are changing to H-1B position , in aproposed ruleDHS issued in January . However , only the change to multiple employer registration made it into the final rule .
The propose rule called for extending the chapiter opening to April 1 , which is six months longer than the current October 1 appointment when individuals can formally start forge on H-1B position . Cap gap enablesF-1students to continue hold up and working in the U.S. if they are choose in the H-1B drawing . Cap gap bridge circuit when OPT ( optional hardheaded breeding ) or STEM OPT work authorization is set to expire and when they get their H-1B visa . Extending ceiling col to April 1 would enable employers to avoid paying for premium processing when filing an H-1B petition on behalf of an F-1 student .
It ’s unclear whether this cap - interruption elongation will be settle this class but another H-1B regulating might be forthcoming .
Craft a strong H-1B petition!
Have your lawyer aid cross-file your caller ’s candidates in the lottery . If either is selected , your caller will call for to charge a potent H-1B petition . I hash out some gratuity for submitting a strong H-1Bhere . That appendage begin with your lawyer submitting the LCA , which requires your startup to pay the H-1B benefactive role at least the prevailing salary based on the posture and work location and ensure that the employ conditions wo n’t negatively pretend American proletarian .
employer do n’t need to submit evidence to the Labor Department with the LCA . Still , they must station a copy of the H-1B notification , which can be done electronically ; keep all plump for documents ; and make them available for public viewing .
From there , your startup must fill out the latest version ofForm I-129(changing April 1 , remember ! ) and admit grounds and supporting documents .
In oecumenical , your lawyer will be craft a strong postulation to :
commemorate , always threefold - check your forms and documents , making certain the entropy hold in the LCA matches Form I-129 and everything is signed .
You ’ve got this ! — Sophie
Have a question for Sophie?Ask it here . We reserve the right to edit your submission for clarity and/or infinite .
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