Why to Prepare for H-1b Cap Season Now
H-1b cap season is rapidly approaching. USCIS has created a new lottery system, which changes the process and requires advance planning. Here is why you should get started now.
In order to deter fraud and gaming of the system, USCIS will require that all employers attest they intend to file an H-1b visa for each candidate they enter into the lottery. It is thus important to conduct basic due diligence to ensure that a bona fide application will later be able to be submitted for each candidate who wins a lottery slot. USCIS will be tracking companies that have a pattern of not filing after winning lottery slots for their candidates.
USCIS will consider applications on a first-in, first-out basis, and premium processing is not guaranteed. Lottery results will be shared no earlier than 10 days before the filing window opens on April 1st. It takes at a minimum several weeks to get an LCA certified and a petition ready to file. If you need to be in the front of that line because the employee’s OPT is going to run out or that person is needed here as soon as possible, it is best to have the application ready to go.
Need help with preparing for H-1B season?
Contact us at theteam@huwelaw.com or 415-496-9040.