If you are considering applying for the H1B Lottery Visa in 2023 as a way of fulfilling your long awaited dream of living and working in the United States and are eager to know more details about the legal procedures and guidelines to help enlighten your perception then look no more! You have come to the right place!
Navigating the legal process of applying for an H1B Visa can be very stressful and sometimes nerve wrecking which is why we have gathered all of the necessary information so you can have a good grasp of the overall requirements and steps to follow in the following article. Wishing you a pleasant and insightful reading!
1. Getting ready to submit your application as early as possible
As mentioned above, the H-1B visa application window is only open for a short periodin April of each year. Considering the huge number of petitions that are filed each year at the USCIS, it is understandable that the lottery window only remains open for the first 5 days of filing;therefore, it would be wise to prepare everything in advance and be ready to file your application as soon as possible.You can check the USCIS website by clicking the following link to know more details about the H-1B Cap Registration Process Update.
2. Making sure to apply only once
The USCIS will not hesitate to reject all of your applications if they find out that you have submitted multiple ones. Even though there is no clear rule or legislation forbidding the submission of several applications for the benefit of the same individual regardless of whether they come from the same company or differentones in case they are affiliated as there are strict limitations and conditions that restrain such action.
Therefore, it would be wiser to avoid the risk and take no chances by submitting a single application.
3. Providing proof of the reliability of your employer
Having an unreliable employer can cause the rejection of your application. Which is why it is crucial that your employer provides the necessary proof to demonstrate his reliability by filing all relevant tax returns and bank statements. Therefore, proving they are able to afford paying your suggested salary. If you are not sure of the reliability of your employer, you can always verify and check the previous H1-B applications that he submitted for prior employees in the past years. You can find more details about the H1-B program on the official website of the U.S DEPARTMENT OF LABOR.
4.Do not pay the fee by yourself
The USC IS will take severe measures that can lead to cancelling your visa if they find out that your employer has not paid the required fees but instead you paid them on your own. Make sure not to pay those fees by yourself, you can how ever pay other alternative options such as premium fees that can help speed up the process. Check out H1B Processing Fees: The Only Guide You Need for more!
5. Filing applications with multiple employers from unrelated companies
In order to increase your visa approval chances and getting a positive outcome, you may file multiple application in case you have multiple offers from different employers. It is well known that the USCIS will automatically decline any duplicate applications for the benefit of the same employee in case they come from affiliated companies so you must make sure to not to fall into that trap!
You must carefully choose the employers that meet the requirements set by the USCIS therefore expanding your approval odds. You can always take a look at What H-1B Lottery Results Says About Odds? to know more.
6. Opting for an H1-B cap-exempt job
If you are not familiar with this term, you should know that it refers to the jobs that are spared from the annual foreign workers cap with an H1-B visa, as it allows a foreign worker to exceptionally obtainsponsorship from an employer and be able to work in the United States even if all of the regular visas are no longer available.
Which increases your chances of being selected. Some of the employers in the United States that fall into the exemption categories are stated hereunder:
- Higher Education Institutions.
- Governmental Research Centers.
- Non-profit organizations that are associated with higher education institutions.
- Non-profit Research Organizations or Government Research Organizations.
- For-profit companies that are seeking to hire an individual for specialty occupation services to be provided to an approved non-profit.
7. Your skills and qualifications must be in accordance with the job position
It is essential that your professional qualifications match the job vacancy that you are applying for, even though in some cases some people can obtain their H1-B Visa despite the fact that their educational background does not match the job position and in these situations having to submit requests for evidence might be required and will represent an obstacle that will just lengthen the whole process. Which is why it would be better to follow a clear and direct strategy by finding a job that matches your skills and competence.
8. Cross-checking and carefully examining all information
Stress and pressure can often result in a poor concentration and we tend to make mistakes. Which is why verifying that everything is well written and meticulously revised before submitting your application is a fundamental step to avoid the omission of any relevant details and therefore leading to an automatic rejection. Accordingly, you must make sure that all parts of the petition are properly filled-in, that there is no missing information (signatures and addresses included) and that everything is well organized and correctly stated.
9. Getting professional guidance froman attorney
Investing in an attorney’s professional insight would definitely help lead you through the entire process of applying for an H1-B Visa and what comes after math whether in terms of addressing Requests for Evidence or any other issue that may come your way. An experienced attorney will make the whole approach easier for you and take the burden of stress and pressure off your shoulders. It is therefore essential to seek the help of an experienced and well-versed attorney to make your journey less burdensome.
Considering the highly competitive nature of the H1-B visa you can reach out to the most prominent law firms including lawfirm4immigrants, which gathers some of the most successful attorneys in the United States who will not hesitate to provide you with help needed during the process of your H1-B visa application.
Keep in mind that you cannot only rely on the information heard here and there from your close friends or other people who have been through the same process since rules and regulations are subject to frequent changes, so having an attorney by your side to help pave the way for securing your H1-B visa would be a smart move. For more information and guidance,and to ensure that all stages of your application are correctly dealt with including communicating with the right authorities do not hesitate to contact Herman Legal Group!
