Filing Process For Annual H-1B Visa Lottery
By Julie Sparks in Visas and Green Cards | on 2023-02-27 08:00:51
Below is an overview of how the annual H-1B visa lottery works, and you do not want to miss the registration window. One of the experienced visa attorneys with J. Sparks Law, PLLC, is standing by to consult on your visa case and help you prepare for the lottery.
In order to receive one of the limited numbers of H-1b visas, it is important to properly register with USCIS for consideration. The next annual lottery begins on March 1, 2023, and runs for a few weeks.
Who Qualifies for H-1B Visas?
To qualify for an H-1B Visa, it is necessary that the temporary worker applying fits into one of the certain categories. To achieve an H-1B visa, you must be engaged in a “specialty occupation,” be engaged in Department of Defense cooperative research or development projects, or work as a fashion model.
To qualify as a “specialty occupation,” your occupation must require:
- theoretical and practical application of a body of highly specialized knowledge
- the attainment of a bachelor’s or higher in the specific specialty as a minimum requirement for entry into the U.S.
- in addition to the degree requirement, the nature of the work must be:
- so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree
The purpose of the H-1B visa is to accept persons into the United States to engage in work that is in demand. Additionally, the work must require a certain level of educational attainment and qualifications to perform.
The Petition Filing Process has Three Important Steps
To achieve an H-1B visa, the process must be followed exactly, and a great many documents and certifications must be provided to the government during the process.
The following three steps must be completed:
- (For specialty occupation and fashion model petitions) The employer/agent must apply for and receive DOL certification of an LCA, as detailed by the Foreign Labor Certification program managed by the Department of Labor
- The employer/agent submits a completed Form I-129 to USCIS, subject to additional filing requirements
- Once the I-129 petition is approved, the prospective H-1B worker who is presently outside of the United States may apply with the United States Department of State at a U.S. Embassy or consulate abroad for a visa. Then, whether or not a visa is required, the prospective H-1B worker must then apply to the U.S. Customs and Border Protection for admission into the U.S. under the H-1B classification.
Gaining access to an H-1B visa requires that each and every step of the process is adequately, accurately, and comprehensively completed. A mistake or error at any step of the process can lead to lengthy delays and even the potential that your H-1B visa is denied altogether. Working with an experienced attorney who knows the process will support the best outcome.
Connect with an Immigration Attorney on Your HB-1 Visa Now
An experienced, board-certified specialist in immigration and nationality law from J. Sparks Law, PLLC has the knowledge and experience you need to achieve the best possible outcome in your visa process. To discuss options on how we can help, schedule a consultation today.
Julie Sparks is Board-certified by the Texas Board of Legal Specialization in Immigration and Nationality Law, one of a few such attorneys in Texas. After 15 years of practice in this field, she has represented immigrants from more than 70 countries.
Ms. Sparks is a member of the Texas Bar Association and the American Immigration Lawyers Association (AILA). Julie has also been a featured speaker at Southwestern Law School and at the national 2015 AILA Fundamentals Conference.
- 15 years of practice in this field.
- She also founded and managed a non-profit organization representing indigent immigrants seeking asylum.
- Julie is a former immigration law instructor at the Pepperdine School of Law in Malibu, California, and California State University – Los Angeles.
