Tag: h1b-petition

  • 5 Key Updates on the H-1B Second Round Lottery 2025

    5 Key Updates on the H-1B Second Round Lottery 2025

    5 Key Updates on the H-1B Second Round Lottery 2025

    Consideration to all aspiring H-1B visa candidates, the extremely anticipated second spherical of the H-1B lottery for the fiscal yr 2025 has arrived! Put together to embark on this aggressive journey and navigate the complexities of the US work visa system. On this complete information, we’ll delve into the essential particulars of the H-1B second spherical lottery, offering you with the data and experience to optimize your possibilities of securing a coveted spot. So, buckle up and let’s unravel the intricacies of the H-1B lottery course of.

    After the preliminary H-1B lottery, which takes place each April, the second spherical supplies one other alternative for certified candidates to submit petitions. This spherical is completely reserved for people holding superior levels (Grasp’s or increased) from US academic establishments. You will need to be aware that solely profitable candidates from the preliminary lottery are eligible to take part within the second spherical. With the restricted variety of visas obtainable, the competitors is fierce, however fret not, as we’ll equip you with methods to extend your odds of success. Bear in mind, the early fowl catches the worm, and well timed preparation is paramount.

    Earlier than you embark on the applying course of, it’s crucial to familiarize your self with the eligibility standards and collect the required documentation. Be sure that you possess the required academic {qualifications}, work expertise, and a proposal of employment from a US-based employer. The petition submission window sometimes opens in late June and closes after just a few weeks. Throughout this era, it’s essential to make sure that your petition is meticulously ready and meticulously reviewed earlier than submission. Neglecting any essential particulars or making errors can result in disqualification. Keep tuned as we delve into the nuances of the H-1B second spherical lottery and supply worthwhile tricks to maximize your possibilities of success.

    The H-1B Lottery Course of: A Complete Overview

    The H-1B Cap and Lottery System

    The H-1B cap is a numerical restrict imposed by the U.S. authorities on the variety of H-1B visas that may be granted to international employees in a given fiscal yr. For fiscal yr 2023, the cap was set at 85,000 visas, with 20,000 further visas reserved for international employees with superior levels from U.S. establishments.

    The H-1B visa lottery is a random choice course of used to allocate visas among the many certified candidates who exceed the cap. Petitioners submit digital registrations throughout a chosen registration interval, and people chosen within the lottery are invited to file a proper H-1B petition.

    Key Dates

    • October 1 – November 17, 2023: Digital registration interval for the fiscal yr 2025 H-1B lottery
    • March 9, 2024: Lottery outcomes introduced
    • April 1, 2024 – March 31, 2025: Submitting interval for chosen H-1B petitions
    • October 1, 2024: Begin date for employment beneath the chosen H-1B petitions

    Eligibility Necessities

    To be eligible for the H-1B lottery, candidates should meet the next necessities:

    • Have a bachelor’s diploma or increased from an accredited U.S. establishment, or an equal diploma from a international establishment.
    • Have a job provide from a U.S. employer in a specialty occupation, as outlined by the U.S. Division of Labor.
    • Be supplied wages which are similar to these paid to equally certified U.S. employees in the identical occupation and placement.
    • Intend to work in the US quickly, with the opportunity of extending their keep if needed.

    Steps within the H-1B Lottery Course of

    1. Digital Registration: Employers register their potential candidates for the H-1B lottery by the U.S. Citizenship and Immigration Providers (USCIS) web site.
    2. Lottery Choice: USCIS conducts a random lottery choice course of to decide on the beneficiaries who shall be invited to file H-1B petitions.
    3. Petition Submitting: Chosen employers file formal H-1B petitions on behalf of their chosen beneficiaries, together with supporting documentation reminiscent of job provide letters, tutorial credentials, and wage info.
    4. Petition Adjudication: USCIS critiques and adjudicates the H-1B petitions to find out in the event that they meet all eligibility necessities and whether or not the job supplied is a specialty occupation.
    5. Visa Issuance: If the H-1B petition is accepted, USCIS points an H-1B visa to the beneficiary, permitting them to work in the US for the required period.

    Eligibility Standards for the H-1B Second Spherical Lottery

    1. Employer Necessities

    To take part within the second spherical lottery, employers should have:

    • A sound Employer Identification Quantity (EIN)
    • A bodily presence in the US
    • The flexibility to pay the H-1B wage

    2. Beneficiary Necessities

    Potential H-1B workers should:

    • Maintain a bachelor’s diploma or increased from an accredited U.S. establishment or its equal
    • Be in a specialty occupation that requires such a level
    • Not have already used up their six-year H-1B limitation

    3. Diploma Equivalency

    To qualify for an H-1B primarily based on diploma equivalency, the beneficiary should:

    • Have at the very least 12 years of expertise that’s equal to a U.S. bachelor’s diploma within the specialty occupation
    • Possess a mix of post-secondary schooling and/or skilled expertise that’s equal to a bachelor’s diploma
    • Have comparable data and expertise within the specialty occupation to people with a bachelor’s diploma in that discipline

    The U.S. Division of Labor (DOL) maintains a listing of professions which are thought-about to be “equal to U.S. bachelor’s levels,” primarily based on the next standards:

    • The minimal entry-level necessities for the occupation sometimes require at the very least three years of post-secondary schooling
    • The occupation requires a considerable quantity of specialised data and/or experience
    • The occupation has a excessive wage degree

    The DOL’s record of equal occupations is obtainable here.

    Dos and Don’ts of Submitting a Profitable H-1B Second Spherical Lottery Software

    Dos:

    1. Submit Early: Timeliness is essential, so submit your software as quickly because the registration window opens.

    2. Present Correct Info: Be sure that all the data in your software is appropriate and full.

    3. Use Skilled Illustration: Think about in search of help from an immigration lawyer to information you thru the method and improve your possibilities of choice.

    Don’ts:

    4. Submit Incomplete Purposes:

    Incomplete purposes will robotically be rejected. Be sure you collect all of the required documentation and submit it collectively together with your software.

    This is a guidelines of important paperwork:

    Passport Visa I-94 Arrival/Departure Report
    Employment Contract Academic Credentials Proof of Specialty Occupation

    5. Submit A number of Purposes: Submitting multiple software for a similar particular person is illegitimate and might result in disqualification.

    6. Wait Till the Registration Deadline: Procrastination could cause delays or server points, so submit your software properly earlier than the deadline.

    Maximizing Your Possibilities of Profitable the H-1B Second Spherical Lottery

    1. Perceive the Lottery Course of

    The H-1B second spherical lottery is a course of that randomly selects certified H-1B candidates who weren’t chosen within the first spherical. To take part, eligible candidates should have an accepted H-1B petition and have a Kind I-129R receipt quantity that begins with “25.”

    2. Submit Your Software Early

    Submissions for the second spherical lottery will open in late March 2024. Candidates are strongly inspired to submit their purposes as quickly as attainable to extend their possibilities of choice.

    3. Guarantee Correct Info

    Rigorously evaluation your H-1B petition and Kind I-129R to make sure that all info is correct and up-to-date. Any errors or inconsistencies can lead to your software being rejected.

    4. Use a Premium Processing Service

    USCIS presents a premium processing service for H-1B petitions, which permits for expedited processing inside 15 calendar days. This feature can considerably improve the chance of your petition being accepted in time for the second spherical lottery.

    5. Superior Planning: Methods to Improve Your H-1B Second Spherical Lottery Choice

    To additional improve your possibilities of profitable the second spherical lottery, contemplate implementing the next methods:

    a. Prioritize Excessive-Demand Occupations

    USCIS has recognized sure high-demand occupations that obtain precedence within the H-1B lottery. Analysis probably the most sought-after occupations in your discipline and tailor your software accordingly.

    b. Safe Funding and Employer Help

    Display that you’ve got safe funding throughout your H-1B employment and that your employer is totally dedicated to supporting your software.

    c. Spotlight Academic {Qualifications}

    Emphasize any superior levels or specialised coaching that you just possess. Employers typically prioritize candidates with increased ranges of schooling and experience.

    d. Deal with Work Expertise

    Showcase your related work expertise and expertise that align with the job necessities. Present detailed descriptions of your accomplishments and exhibit how your experience can contribute to the U.S. financial system.

    e. Collect Supporting Documentation

    Collect any supporting documentation that may strengthen your software, reminiscent of letters of advice, employment contracts, and proof of your contributions to the sector.

    Timeline and Key Dates for the H-1B Second Spherical Lottery

    The H-1B second spherical lottery is held yearly to allocate H-1B visas that stay unclaimed after the preliminary lottery. The method includes employers submitting purposes for the remaining visas, adopted by a random digital choice course of.

    Detailed Timeline

    The next desk supplies the important thing dates for the H-1B second spherical lottery.

    Date Motion
    March 14, 2023 Registration for the H-1B lottery opens.
    March 17, 2023 Registration for the H-1B lottery closes.
    April 1, 2023 Preliminary H-1B lottery outcomes introduced.
    Could 22, 2023 Registration for the H-1B second spherical lottery begins.
    Could 24, 2023 Registration for the H-1B second spherical lottery ends.
    June 8, 2023 H-1B second spherical lottery outcomes introduced.

    Employer Eligibility

    To take part within the H-1B second spherical lottery, employers should meet the next eligibility standards:

    • Be a U.S. employer or an entity with a bodily presence in the US.
    • Have a brief or everlasting worksite in the US the place the H-1B employee shall be employed.
    • Have the ability to exhibit that they’ve the monetary assets to pay the H-1B employee the prevailing wage.

    Software Course of

    Employers should file an H-1B petition on behalf of a international employee who has been chosen within the lottery. The petition should embrace the next info:

    • The employee’s identify, date of beginning, and nation of citizenship.
    • The job title and occupational code for the place that the employee will fill.
    • The placement the place the employee shall be employed.
    • The beginning date and finish date of the employment interval.
    • The wage that shall be paid to the employee.

    The employer should additionally submit supporting documentation, reminiscent of a duplicate of the employee’s passport and a letter of help from the employer.

    Choice Course of

    The H-1B second spherical lottery is a random digital choice course of. Employers who’re chosen within the lottery shall be notified by USCIS and could have 90 days to file an H-1B petition on behalf of the employee.

    Anticipated Cap Numbers for the H-1B Second Spherical Lottery

    The H-1B second spherical lottery is anticipated to open in March 2025, and the cap numbers for the lottery are anticipated to stay the identical as in earlier years. The cap consists of each the common cap of 65,000 H-1B visas and the superior diploma exemption cap of 20,000 visas.

    Common Cap:

    The common cap for the H-1B second spherical lottery is anticipated to stay at 65,000 visas. This cover consists of visas for all H-1B employees, no matter their nation of origin.

    Superior Diploma Exemption Cap:

    The superior diploma exemption cap for the H-1B second spherical lottery is anticipated to stay at 20,000 visas. This cover is obtainable to H-1B employees who’ve earned a grasp’s diploma or increased from a U.S. establishment of upper schooling.

    Grasp’s Cap:

    The grasp’s cap is anticipated to be the identical because the common cap and the superior diploma cap mixed. Because of this roughly 85,000 H-1B visas shall be obtainable by the second spherical lottery.

    Total Cap:

    The general cap for the H-1B second spherical lottery is the sum of the common cap and the superior diploma exemption cap. This cover is anticipated to stay at 85,000 visas.

    Common Cap

    Superior Diploma Exemption Cap

    Total Cap

    2023

    65,000

    20,000

    85,000

    2024

    65,000

    20,000

    85,000

    2025 (Projected)

    65,000

    20,000

    85,000

    Eligibility

    To be eligible for the second spherical lottery, petitioners should have filed an H-1B cap-subject petition for the common H-1B lottery and obtained a rejection discover as a result of the petition was not chosen within the first lottery drawing.

    Caps and Allocations

    The annual H-1B cap for the US is 65,000, with an extra 20,000 visas reserved for people who’ve earned a U.S. grasp’s diploma or increased. The second lottery will draw from the remaining visas that weren’t allotted throughout the first lottery.

    Choice Procedures

    The second lottery shall be performed electronically by U.S. Citizenship and Immigration Providers (USCIS). Petitioners shall be notified if their petition has been chosen.

    Timeline

    The second spherical lottery will sometimes be held in late March or early April of the next fiscal yr (i.e., for FY 2025, the second lottery could be held in late March or early April of 2024).

    Charges

    There isn’t any further charge to take part within the second spherical lottery. Nevertheless, petitioners should have already paid the H-1B submitting charge once they submitted their preliminary H-1B petition.

    Approval and Processing

    If a petition is chosen within the second spherical lottery, USCIS will course of the petition as with all different H-1B petition. This consists of conducting a background examine, reviewing the petition for completeness and accuracy, and issuing an approval or denial resolution.

    Enchantment Course of

    If a petition is denied within the second spherical lottery, the petitioner could enchantment the choice to USCIS or file a lawsuit in federal court docket. Nevertheless, the enchantment and litigation course of might be prolonged and sophisticated.

    Disclaimer

    The data supplied on this article is for basic informational functions solely and doesn’t represent authorized recommendation. Please seek the advice of with an immigration lawyer for particular steerage in your state of affairs.

    H1B Second Spherical Lottery 2025

    The H1B second spherical lottery, also called the “cap-gap” lottery, is a U.S. authorities lottery that permits employers to rent further H1B employees if there are unused H1B visas from the preliminary lottery. The second spherical lottery is often held in September or October of every yr. To be eligible for the second spherical lottery, employers should have filed an H1B petition for a cap-subject employee who was not chosen within the preliminary lottery. The petition should have been filed on or earlier than the submitting deadline, and the employee should meet all different eligibility necessities for the H1B visa. Within the second spherical lottery, employers shall be chosen randomly from the pool of eligible petitions. Chosen employers will be capable to rent the H1B employees who weren’t chosen within the preliminary lottery.

    Individuals Additionally Ask About H1B Second Spherical Lottery 2025

    When is the H1B second spherical lottery 2025?

    The dates for the H1B second spherical lottery 2025 haven’t but been introduced. The lottery is often held in September or October, so it’s anticipated to happen across the identical time in 2025.

    What are the eligibility necessities for the H1B second spherical lottery 2025?

    To be eligible for the H1B second spherical lottery 2025, employers should have filed an H1B petition for a cap-subject employee who was not chosen within the preliminary lottery. The petition should have been filed on or earlier than the submitting deadline, and the employee should meet all different eligibility necessities for the H1B visa.

    How do I apply for the H1B second spherical lottery 2025?

    Employers don’t must take any motion to use for the H1B second spherical lottery 2025. Employers who’ve filed an H1B petition for a cap-subject employee who was not chosen within the preliminary lottery will robotically be entered into the second spherical lottery.