The H-1B visa is one of the most popular categories of temporary work visas in the United States, designed for foreign professionals with specialized skills who wish to work in the country. Due to high demand, the selection process for this visa is conducted through an annual lottery overseen by the U.S. Citizenship and Immigration Services (USCIS).

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What is H-1B Lottery Entry?

The H-1B Lottery Entry is a random process that USCIS uses to select H-1B visa applicants when the number of petitions exceeds the annual cap set by the U.S. Congress.

• Regular capacity: 65,000 visas available for applicants with at least a bachelor's degree.
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• Additional capacity for advanced degrees: 20,000 additional visas available for individuals with a master's degree or higher earned at a U.S. institution.

Who can participate?

1. Candidates with a valid job offer in a specialty occupation:
   • Technology, engineering, science, science, finance, architecture, among other areas.
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2. Education requirements:
   • Bachelor's degree or higher degree related to the position offered.
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3. Sponsorship by a U.S. employer:
   • The company must be willing to sponsor the H-1B petition and register the candidate in the lottery process.

H-1B Lottery Participation Process

The process to participate in the H-1B lottery begins with electronic registration, a key step in which interested employers must register their candidates on the USCIS online portal. This registration takes place only during the designated registration period, which generally occurs in March of each year. It is critical that employers complete this step by the deadline in order for their candidates to be considered in the process.

Once registration is complete, USCIS conducts a random selection through an electronic lottery system. This process is carried out in two phases. In the first phase, the 65,000 available slots within the regular category are selected. Subsequently, a second selection is made to allocate the additional 20,000 slots reserved for candidates with advanced degrees from U.S. institutions.

Finally, employers who registered selected candidates receive a selection notice from USCIS. With this notification, employers can proceed to file the formal petition on Form I-129 to request H-1B visa approval for their candidate. This is the final step that, once approved, allows the foreign worker to take up employment in the United States under this visa category.

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Application Requirements

1. Job offer in a specialized occupation.
2. Academic credentials demonstrating qualifications for the position.
3. Employer registered in the lottery process.
4. Evidence that the salary offered meets the established standards.

H-1B Lottery Processing Times

The H-1B lottery process follows a specific timeline that begins each year in March with electronic registration. During this period, employers must register their applicants in the USCIS online system. This step is essential for applicants to be considered for lottery selection.

Once registration closes, lottery results are usually announced in April. USCIS notifies employers if their candidates have been selected, allowing them to move to the next step in the process.

Successful applicants have a defined deadline to file the formal petition, which includes completing and submitting the Form I-129 along with the required documentation. This step is critical, as only by completing this application does the employer ensure that the worker will be able to obtain his or her H-1B visa.

Finally, USCIS issues a decision on the applications filed. The response time can vary between 2 and 6 months for applications under regular processing. However, there is a premium processing option, which allows for a decision in as little as 15 business days for an additional fee. This organized timeline allows both employers and applicants to adequately plan the next steps in the immigration process.

Process Costs

1. Lottery registration fee: $10 USD per candidate (paid by the employer).
2. H-1B petition filing fees:
   • Base rate: $460 USD.
   • Fraud prevention and detection fee: $500 USD.
   • Additional fee depending on the size of the employer and other factors (can range from $750 to $4,000 USD).
3. Premium Processing (optional): $2,500 USD for quick decisions.

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Important H-1B Lottery Considerations

It is crucial to keep in mind that participating in the H-1B lottery does not guarantee a visa. The odds of being selected depend directly on the number of entries received in a given year, which means that in periods of high demand, the chances may be lower. This factor makes planning and compliance even more important for employers and applicants.

Once an applicant is selected and the H-1B visa is approved, it allows the worker to work in the United States for an initial period of up to three years. In addition, there is an option to extend the visa for up to six years, offering flexibility for both the employee and the employer during their stay in the country.

On the other hand, it is important to note that certain employers, such as educational institutions, nonprofit research organizations, and government research entities, are exempt from the annual H-1B lottery cap. This allows them to hire qualified workers without having to compete in the lottery, which is a significant advantage for these organizations.

Understanding these considerations is essential to maximizing opportunities within the H-1B visa process and ensuring that expectations are aligned with actual possibilities.

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How to hire our services for your visa application?

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Before starting the process, we recommend that you schedule a 1-hour immigration consultation with our expert U.S. immigration attorney. During this session, you will resolve your doubts and receive personalized advice about your case.

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 Exclusive benefit: The cost of the consultation will be applied as an advance to the fees of the application process for this type of visa.

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 Schedule your appointment here: https://www.immilandcanada.com/law/estados-unidos

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If you prefer to know more details about this service and its costs, please visit the following link:

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https://www.immilandcanada.com/law/contratacion-servicios-usa