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Last Updated On: April 8, 2024 | Published On: December 19, 2014
On April 1, 2015, the USCIS will begin accepting H1B petitions for the 2016 season. Based on past H1B seasons, the upcoming cap season will be available for at least five days and if there happens to be addition spots available after that time then the window will remain open until the remaining spots are filled.
Assuming that the H1B quota does not increase and subsequently demand doesn’t increase, we expect another lottery this year. Let’s take a look at the structure of this lottery system.
What most people associate as a “lottery” is in fact just a random selection process conducted on behalf of the USCIS. The process, based on previous years, is as follows:
Since there has been increased scrutiny of L-1 petitions, many companies have instead opted for H1Bs which as a result has increased the overall demand. Furthermore, those who petitioned last year and did not get selected will likely file again this year. With that being said, it’s crucial to begin the planning process sooner rather than later .
If you are a student on an F1 visa (in the U.S.) it’s important you start looking for an internship or optional practical training (OPT) employment with an H1B sponsor. If you need help identifying one, periodically check the nationwide databases.
If you are on L1 status or another visa status at this time, start planning now by retaining an attorney who will tell you what documents are necessary.
To file an H1B cap-subject petition, complete the following steps:
*Premium processing is available for employers seeking an expedited process (15 calendar days) by filing a Form I-907. Additional fees apply for this service.
The petitioner or sponsoring employer is responsible for paying the fees to the USCIS and/ or any attorney related fees.
According to the USCIS, separate checks are preferred for each filing fee (Form I-129, Premium processing, Fraud, ACWIA and Public Law 111-230).
Due to the complexities of the H1B petitioning process, it’s advised to seek a professional immigration lawyer. VisaNation Law Group's attorneys are fully capable of filing a petition on your behalf, gathering the necessary documents and submitting them for approval this H1B season. As a courtesy to their clients, they provide regular updates regarding your case and will inform you of any additional steps that must be taken prior to approval.