Each year at this time we kick off H-1B Cap Season by working with U.S. employers to prepare for registration in the upcoming H-1B Cap Lottery. U.S. employers interested in sponsoring foreign nationals for specialty (professional) occupations have this opportunity only once per year for a limited time period.
Who: US Employers
The H-1B program allows U.S. companies to employ foreign nationals in “specialty occupation positions.” These positions require the theoretical or practical application of a body of highly specialized knowledge and a bachelor’s degree or higher (or foreign equivalent) in a specific or closely related field as a minimum for entry into the occupation. This tremendously popular visa program applies to almost any U.S. employer hiring professional-level workers, including in computer science/software/tech, engineering, finance, health care, economics, science and more. Often, U.S. employers sponsor H-1B visas for foreign students already employed with Employment Authorization Documents (EADs) in F-1 OPT/STEM OPT status or they sponsor professionals residing or working abroad who are needed in the U.S.
What: Annual H-1B Cap Registration and Lottery
Beginning on Oct. 1, the start of the federal fiscal year, 65,000 new H-1B visas become available with an additional 20,000 visas for H-1B beneficiaries who possess advanced degrees from U.S. academic institutions. Because there are more applicants than available visas each year, USCIS conducts a lottery to determine which employers may sponsor specifically identified foreign nationals for H-1B status.The H-1B Cap Lottery requires employers to register within a limited time period, typically in March, followed by a random selection process (lottery). Employers whose registrations are selected in the lottery then have a 90-day window in which to file the selected H-1B petitions. Regardless of when the H-1B petition is filed and/or approved, the employment start date is not earlier than Oct. 1 of that calendar year.
When: Now Is the Time to Prepare
USCIS traditionally announces the H-1B registration dates in February and conducts the H-1B lottery during a 10-day period in March. In order to be eligible to apply for and obtain H-1B status as part of the lottery, it is necessary to register during that 10-day period. When the window closes, it is no longer possible to register in the H1-B cap lottery until the following fiscal year. Accordingly, we recommend that U.S. employers that wish to sponsor any foreign nationals for an H-1B status in 2024 engage counsel now. A Fox Rothschild attorney can work with you to identify individuals for whom cap-subject H-1B sponsorship will be needed, determine the foreign worker’s eligibility, assess H-1B viability for the proposed specialty occupation position and prepare for the upcoming H-1B cap lottery registration period. Starting early is especially crucial for first-time U.S. H-1B employer-sponsors.
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