1. What is the H-1B visa cap?
The H-1B visa cap is a limit on the number of foreign workers who can be hired each year by U.S. employers. The cap is currently set at 65,000 visas per year, plus an additional 20,000 for holders of advanced degrees from U.S. universities. The cap can fluctuate from year to year and has been raised several times since its introduction in 1990.
2. What is the difference between the regular H-1B visa cap and the advanced degree exemption?
The regular H-1B visa cap refers to the annual 85,000 limit for the total number of H-1B visas that can be issued each year by U.S. Citizenship and Immigration Services. The advanced degree exemption, also known as the master’s cap, is an additional 20,000 visas available for those holding a master’s degree or higher from a U.S. university. This exemption is available in addition to the regular cap and brings the total annual H-1B visas availability to 105,000.
3. How does the H-1B visa lottery system work?
The H-1B visa lottery system is a method of awarding visas to foreign nationals seeking to temporarily work in the United States. The lottery system selects applicants from the large pool of individuals that have submitted their applications for the H-1B visa. The United States Citizenship and Immigration Services (USCIS) conducts the lottery and assigns each applicant a random lottery number. These numbers are then used to determine who will receive the available H-1B visas. The USCIS typically runs two rounds of lotteries; one for master’s degree holders and another for bachelor’s degree holders, with a certain percentage of visas set aside for each group. For example, in the most recent lottery, 65% of visas were set aside for applicants with a master’s degree or higher, and 35% for applicants with a bachelor’s degree or higher. There is no guarantee that an applicant will receive an H-1B visa, as the availability of visas is determined by the number of applications received.
4. What documents are needed to be eligible for the H-1B lottery?
In order to be eligible for the H-1B lottery, employers and foreign nationals must provide several documents, including the employer’s Labor Condition Application (LCA), the foreign national’s Form I-129 with all required evidence and forms, and the foreign national’s resume. The foreign national must also provide evidence of their education, such as a copy of their diploma, transcript, or a letter from an academic institution verifying their degree. Additionally, the foreign national must submit evidence of any relevant work experience and letters of recommendation. The employer must also submit a copy of the company’s business license or registration. Lastly, the employer must provide evidence of its ability to pay wages to the foreign national.
5. How long does it take to receive an official lottery selection notice?
It typically takes anywhere from 6 to 12 weeks to receive an official lottery selection notice after submitting an entry. The time frame may vary depending on the lottery, as some may take longer or shorter to process entries and issue selection notices.
6. Are there any special rules for H-1B workers with advanced degrees from U.S. universities?
Yes, there are special rules for H-1B workers with advanced degrees from U.S. universities. These rules are known as the “Advanced Degree Exemption” and allow for an additional 20,000 H-1B visas to be allocated every year to foreign nationals with an advanced degree from a U.S. university. To qualify for the exemption, the foreign national must have obtained a U.S. master’s or higher degree (or its equivalent) in a related field within five years of filing the petition. Additionally, the position must meet certain wage requirements set by the Department of Labor.
7. How does USCIS determine which applicants are selected in the lottery process?
USCIS randomly selects applicants for the lottery process using a computer-generated selection process. The selection is based on the information submitted in the application, so it is important for applicants to provide accurate and complete information.
8. How long is an approved H-1B visa valid for?
An approved H-1B visa is valid for up to three years, and may be extended for up to an additional three years.
9. What are the penalties if I exceed the H-1B cap?
If you exceed the H-1B cap, you may be subject to a monetary penalty and/or fines. Additionally, you may be barred from sponsoring any future H-1B petitions for a certain period of time. It is important to consult with an immigration attorney to determine the full extent of any potential penalties.
10. Can I transfer my H-1B visa to another employer?
Yes, you can transfer your H-1B visa to another employer. The new employer must file a new H-1B petition with the US Citizenship and Immigration Services (USCIS). Once the petition is approved, you can start working for the new employer.
11. Does having an approved Labor Condition Application (LCA) guarantee that I will be selected in the lottery?
No, having an approved Labor Condition Application (LCA) does not guarantee that you will be selected in the lottery. The selection process for the H-1B visa lottery is random and all eligible applicants have an equal chance of being selected.
12. What happens if my H-1B petition is denied after lottery selection?
If your H-1B petition is denied after lottery selection, you will not be able to remain legally in the United States. You will need to return to your home country or apply for a different type of visa.
13. What are my options if I am not selected in the lottery?
If you are not selected in the lottery, you will not be able to apply for the Green Card through the Diversity Visa Lottery program. However, there are other ways to become eligible to apply for a Green Card, such as through family sponsorship, employment sponsorship, or through another immigration program.
14. How can I check the status of my H-1B petition after submitting my application?
You can check the status of your H-1B petition by visiting the USCIS website and using the “Check My Case Status” feature. Alternatively, you can call the National Customer Service Center at 1-800-375-5283.
15. Are there any restrictions on how long I can stay on an H-1B visa in the U.S.?
Yes, the maximum allowable stay on an H-1B visa is six years. After the six-year period, you must depart the United States for at least one year before you can become eligible for the H-1B visa again. Extensions beyond the six-year period may be available in certain cases.
16. Are there any countries exempt from the H-1B cap or lottery system?
Yes, there are some countries that are exempt from the H-1B cap or lottery system. Singapore and Chile are two countries that are exempt from the H-1B lottery system. In addition, certain categories of H-1B visa holders, including physicians, certain research scholars, and some specialty occupation workers may be exempt from the cap.
17. How often does the government conduct the H-1B lottery?
The US Citizenship and Immigration Services (USCIS) holds the H-1B lottery once a year, typically in late March or early April.
18. Is it possible to get an extension of an approved H-1B visa beyond the initial 6 year period?
Yes, it is possible to get an extension of an approved H-1B visa beyond the initial 6 year period. The H-1B visa is initially granted for up to three years and can be extended for an additional three years, for a maximum stay of six years. However, certain individuals may be granted extensions beyond the six-year limit, such as those who have taken steps to obtain permanent residence. Extensions are granted in one-year increments and generally require the submission of a new Labor Condition Application (LCA).
19. Is there a limit to how many times I can enter the H-1B visa lottery?
No, there is no limit to how many times an individual can enter the H-1B visa lottery.
20. Can I reenter the H-1B visa lottery if my petition is denied or withdrawn after being selected in a previous year’s lottery?
Yes, you can reenter the H-1B visa lottery if your petition is denied or withdrawn after being selected in a previous year’s lottery. However, you will need to submit a new application, including all required documents, and go through the process again.
