It's that time of the flavor – March is budgeted, and many U.S. employers are preparing to bring foreign professionals to their projects. Now, when we have the complete information on last twelvemonth's H-1B lottery results, besides as some information on the upcoming H-1B initial period registration, it'south time to have a look at your lottery chances on winning H1B visa in the 2022-2023 season.

 Under the H1B visa regular cap, in that location are again 65,000 petitions to be selected in addition to twenty,000 for the masters cap. In this commodity, you'll detect what trends were in the previous years and what, according to it, your current H-1B lottery odds are.

 At the commencement of every H-1B cap filing period, H-1B employers and candidates take some essential queries:

  1. Will there be an H1B lottery this year at all?
  2. What are the odds of getting selected in the H1B lottery procedure?
  3. Is there going to be a second lottery process or even the third lottery?

Looking at the H-1B lottery FY 2022 and the by helps u.s.a. predict what to await in the upcoming H-1B Cap filing season, and here are our thoughts.

What Are My Odds to Win the H1B Lottery in 2022

What is the H-1B Regular Cap?

The H-1B Visa cap is a limited number of H-1B visas that let U.S. employers to bring foreign professionals to the U.s.a.. This number of visas is limited to 65,000 for the regular cap per year.

There is an additional xx,000 visas intended for advanced degrees, including 6,800 visas set aside for Chile and Singapore citizens.

What are My H-1B lottery chances for Fiscal Yr 2023?

The USCIS does not disclose the exact number of advanced caste exemptions, so it's not possible to summate the precise odds of being selected in the H1B visa lottery. Only, nosotros can use the data nearly the total number of petitions that USCIS discloses to summate the chances of beingness selected in the general visa cap.

Co-ordinate to the H1B visa lottery results in previous years, we can conclude that the H-1B Cap 2022 volition certainly achieve during the initial registration period in March 2022, resulting in some other H-1B lottery.

Moreover, the contest is expected to exist even more than intense this twelvemonth compared with previous years.

H1B Lottery Trends in The Past Years

First, we will look at how the lottery selections took identify over the years, and and then, we volition know how to strategize H-1B Cap FY 2023 filings successfully.

H-1B Visa Lottery FY 2022

During the H-1B Cap FY 2022 initial registration period, USCIS received over 308,000 unique registrations. This number also included registrations under the advanced degree exemption.

USICS conducted a new selection procedure, and on April 1, 2021, it began accepting H-1B cap-subject petitions on behalf of selected registrations in the first round.

As nosotros mentioned above, the H-1B probability tin can be hard to calculate since the pick is random. To determine your H1B lottery chances in 2022 or chances of getting selected, we kickoff need to have the number of the submitted petitions in the lottery for the financial yr 2023. Since the initial period hasn't started still, we can only make estimations based on previous years.

The number of applications received by USCIS has been slightly different each year- some years, it is college than others, but due to loftier demand, we can expect more petitions and that the lottery numbers will go up.

For example, in the 2019–2020 lottery season, at that place were 201,011 petitions. Nosotros know that 65,000 are designated for the regular visa cap, which means at that place was a 32 percent chance of being selected that season.

Simply, after we removed the 6,800 petitions allocated for Chile and Singapore according to the Free merchandise agreement, the odds were a flake lower than 32%.

Yet, if you are a candidate who qualifies for the avant-garde degree exemption, your chances of selection are a piffling college since yous're entered into both pools for the lottery. Bear in mind that your verbal H-1B lottery odds volition depend on how many submissions USCIS received and whether you qualify for the main'due south quota or regular cap.

Hither is the video about H-1B Visa Lottery FY 2022

H1B Visa Lottery FY 2021

During the H-1B Cap 2021 registration period in March 2021, USCIS received around 275,000 unique registrations. This number included registrations under the advanced degree exemption.

By April 1, USCIS conducted H1B lottery and issued a option notice to all registrants selected in the process and began accepting their H-1B cap-subject area petitions.

Considering the bachelor H-1B visas, every 2.3 H-1B cap applicants was selected in the H1B lottery 2021.

H1B Visa Lottery FY 2020

During the H-1B Cap 2020 filing period USCIS received 201,011 H1B petitions (including registrants field of study to the advanced caste exemption).

H-1B Visa Lottery FY 2019

In 2018 (fy 2019) 170,098 H1B visa petitions were approved, and 65,000 were allocated for the regular cap, resulting in a less than 38% chance of being selected for H1B visa.

H-1B Lottery FY 2018

During the H-1B lottery fy 2018, USCIS received 199,000 H-1B petitions, including petitions filed under the advanced degree petitions.

How the H-1B Lottery Procedure Works?

While the USCIS approves around 200,000 H1B visa petitions each year, simply 65,000 are granted visas through the lottery.

Simply for the reminder, 20,000 additional petitions are for avant-garde caste exemption. The advanced degree petitions program is intended for applicants with Masters's and Ph.D. degrees.

Here's a brief overview of how the H-1B cap lottery functions and your H-1B lottery chances for the financial year. In that location are 30 steps:

  1. The advanced degree petition lottery– USCIS conducts random option using the estimator program to select 20,000 petitions from the puddle of H-1B advanced caste petitions. Those petitions not selected in the offset puddle are subsequently transferred into the general visa cap puddle for another risk at selection.
  2. The general visa cap lottery– over again, a random (figurer-generated) selection process picks 65,000 applicants from the entire pool of cap-subject petitions registered during the first round. Petitioners that weren't accustomed but were eligible for the advanced caste exemption would be transferred to the principal's cap puddle.
  3. Citizens from Singapore and Republic of chile have 6,800 spots specifically reserved for them.
  4. Cap-exempt petitions– petitions that are not subject to the cap. Those are:
  • Petitions previously counted
  • Visa extensions- used to extend or lengthen the H-1B worker's time in the state.
  • Changes of the employment terms of the current H-1B employees (i.due east.responsibilities, location, duties, etc.)
  • Petitions for transferring an H-1B condition to a new employer
  • Petitions that allow the foreign worker to be employed in a second position
  • Petitions filed by a cap-exempt sponsor (an institute of higher education establishment, or a nonprofit organization associated with an institute of college education, or a governmental research center)

All petitions submitted during the initial registration period hadequal chances of selection in the lottery andwere processed regardless of when in that fourth dimension frame it was submitted.

How the Registration Process Works- Is the H1B Lottery Random?

How the Registration Process Works- Is the H1B Lottery Random?

Currently, the selection process through the lottery conducted by USCIS is entirely random. The H-1B pool contains registrations filed accurately during the initial registration menses.

Due to demand, USCIS from this pool randomly selects 85,000 registrations for processing (65,000 for regular cap and twenty,000 for master cap). But, this could exist changed if the Prevailing Wage Dominion comes into force.

In January 2021, the USCIS appear a final dominion that would alter the cap affecting the H1B lottery selection process. The aim was to shift to a wage-based system, instead of the electric current random selection process, which would prioritize the highest bacon levels.  Fortunately, in March, Biden Administration requested postponing any new rules, and almost probably information technology will remain till November 2022.

The reason for the increasing demand for H-1B visas is due to the relatively depression eligibility criteria than other nonimmigrant visas.

The H-1B visa requirements are:

  • Having a job offer from a U.South. visitor or other U.S. employer for a specialty position requiring a bachelor's caste. Usually, those are students who graduated from one of the U.S. universities and piece of work on OPT for an employer who is now willing to sponsor H1B visa.
  • Possessing at least the required bachelor's degree to be eligible for regular cap
  • Not being the sole proprietor of the U.S. visitor offering the chore.

The sponsoring employer must fill outLabor Certification Application, making four attestations to the Department of Labor that:

  1. The employment of the new employee does not accept a detrimental impact on the currently employed workers
  2. The employer notified current employees of intentions to hire a casher
  3. Employers volition pay the prevailing wage as a minimum
  4. The chore location is not experiencing a lock-out or strike.

How to Increase H-1B Lottery Odds?

You might go discouraged by seeing these numbers of registrations that USCIS receives each year, but don't be! There are withal some means that tin can help you increase your H-1B lottery odds in 2022.

Qualify for the Master Cap

The start and the well-nigh obvious way to help your chances, as you lot can conclude, is to qualify for the main's degree cap exemption. Gaining the master's or Ph.D. degree will bring your petition to the main's degree cap-exemption puddle, increasing your chances of at least a few per centum. Individuals with advanced degree exemptions stand a ameliorate take a chance of beingness selected since they participate in both lotteries.

Promptly submit your petition

Prepare your petition on time because if you lot miss the cutoff window, you will lose your chances of obtaining an H-1B visa this time.

Consider hiring an Immigration Chaser

To effectively plan your H-1B cap filings, you might consider hiring a lawyer who knows how to develop a unique strategy to aid H-1B employers and H-1B applicants improve their odds of H1B lottery selection and approvals. Our attorneys have helped clients' secure approvals with H-1B Cap filings in the past years by developing personal strategies for each candidate making their chances in H1B visa lottery selection and approvals. Schedule your gratuitous consultation with Richard Herman now.

Avert Decreasing Your H-1B Probability

As there are certain things that yous can practise to increase your chances in the lottery, more importantly, there are some steps that you shouldn't undertake.

Submitting more than one awarding

The most significant impact on the subtract of the H1B visa lottery odds is the employer's mistake who submitting more than one application for the aforementioned potential employee resulting in USCIS's rejection of both registrations. In other words, this will automatically eliminate an employee'due south H-1B lottery chances.

Also, some people wrongly think that filing multiple petitions will increase their chances, but it only raises red flags with USCIS.

Remember that the foreign employee is legally allowed to accept more i job offer past multiple employers only demand to make sure they are legitimate.

Using Premium Processing to Increase H-1B Lottery Odds

Premium processing is an optional service, and information technology volition not increment your H-1B probability. USCIS offers premium processing for specific petitions, such as I-129. Final year this option wasn't available, so nosotros cannot tell for sure whether USCIS will allow it this year. But, in case that as well normal processing, premium processing is available, you tin can look the fee of $two,500. These petitions are processed in fifteen calendar days rather than the standard amount of time, which can take six months.

What To Expect After You Are Selected?

File the I-129 petition

Once a foreign worker is selected in the H-1B lottery, the sponsoring employer will receive the approving notice and it must file the I-129 petition. The borderline to do then is typically 90 days afterwards receiving the selection notification.

Set up H-1B Labor Condition Application

I of the required documents is the H-1B Labor Condition Application. The U.S. employer (or the sponsor) needs to file this application with the Department of Labor. Likewise, this complete H-1B packet has to contain details virtually y'all- the beneficiary.

Submit Complete Petition

Be careful- information technology'due south non that rare for people to submit incomplete petition packages, which can outcome in denying your application. This is a good reason to look for experienced immigration who can handle the submission packet on your behalf and ensure all necessary details are included.

Get a Receipt Notice

Once USCIS receives the complete application packet, you'll receive a receipt observe. Sometimes USCIS needs more than information, so e set to submit any required evidence of beneficiary'due south qualifications, the relationship between the employee and employer, or similar.

If you want your petition to exist processed in 15 business days, you can use Premium processing available for an additional $2,500. If you desire your petition to be regularly processed, be aware that information technology can have up to vi months.

The best-case scenario is when yous come across ii case statuses:

  1. "Case was Received" then
  2. "Instance was Approved"

Go a Visa Stamp

If y'all live outside the U.Southward., you cannot start working until you obtain H1B visa stamp. In about cases, you can use for an H1B visa stamp as early as 30 days prior to the start date indicated on the Form.

H-1B Visa Lottery 2022-23 Of import Dates

H-1B Visa Lottery 2022-23 Important Dates

USCIS appear on January 28 important dates to follow in 2022 (in the first selection round for the fiscal twelvemonth 2023).

And so, since the new process of H1B visa lottery starts in a few weeks, save the following dates for the USCIS financial year 2023:

  1. February 21: If you lot don't have myUSCIS account, you can create one to utilize for registrations of eligible beneficiaries during the electronic registration procedure. To ensure on-time filing, you can start creating your folio before the registration period. Planning is essential, and so ensure you have all the necessary details earlier registration submission.
  2. March 1: USCIS begins accepting registrations at noon Eastern. By using MyUSCIS business relationship, submit basic information for potential employees. Note that only one registration can be submitted per eligible employee.
  3. March 18: The initial registration period closes at noon Eastern, whether the number of registrations exceeds the cap-subject field earlier. Merely complete H-1B cap petitions will be considered.
  4. March 31: If the H-1B cap-field of study is reached and more than complete registrations are filed after the submission menses, USCIS will conduct the lottery. Later USCIS conducts a random selection process, it volition issue a selection find notifying each registrant most the results via their business relationship page.

Y'all can utilise the USCIS website to follow any future updates on H1B visa lottery.

How to Know if You Were Selected in the H-1B Lottery?

There are several ways to discover out if USCIS selected your petition in the H-1B lottery.

Checking Your Records With SEVIS

If you or your potential employee are a student applying under the avant-garde degree cap (depending on who reads our commodity), you tin can see if you were selected by checking your records with the Student and Exchange Visitor Information System.

This record will be updated immediately if you have been chosen through the lottery.

Call up that you lot have an selection to utilize for a 24-calendar month extension of your postal service-completion OPT employment authorization if you take earned a degree in sure science, applied science, engineering science, and math (STEM) fields. You lot can extend your OPT if:

  • You are an F-1 educatee who received a STEM degree listed on the STEM Designated Caste Program List (PDF);
  • Your employer is enrolled in and is using E-Verify; and
  • You received an initial grant of mail service-completion OPT employment authorization based on your Stalk caste.

Checking if USCIS has Processed a Fee Check

When filing your application, yous had to pay H-1B filing fees in the form of a cheque. All unselected petitions have refunded fees, and so if yous were selected in the lottery, yous would know it by not being refunded.

Looking for The Receipt Number

Each candidate selected in the H-1B lottery is assigned a 13-digit receipt number. Once the foreign employee is selected, the employer receives this receipt notices by mail, this is house proof that you were selected in H1B visa lottery.

Checking the I-797 Course

Lottery winners also get a visa stamp on their I-797 Grade. Y'all volition receive this official proof of H-1B status from the Immigration and Naturalization Service.

Use one of the H-1B Tracking Systems

You can rail your H1B visa status on the U.S. Section of Land Consular Electronic Application Center or USCIS.

When you log on to the USCIS instance status online tool, 1 of the following statuses will be next to your instance number:

  • Submitted: Your awarding is still being considered by USCIS. This status may stay like this until the end of the fiscal twelvemonth, so it doesn't hateful your application has been rejected or approved.
  • Selected: Congratulations, you are selected! Now, the sponsoring employer has to file the I-129 petition within the appropriate deadline, noted on your file.
  • Not Selected:Unfortunately, this will mean that your petition wasn't selected through the lottery. This status will also remain until the end of the fiscal twelvemonth.
  • Denied: This status volition appear when at that place are reasons for rejecting your application. Usually, information technology is because the employer registered the same employee more than than once in which instance USCIS denies the awarding immediately. If the H-1B petition of an individual who works on OPT is denied, this employee no longer has Cap-Gap protection. In this case, the employee should stop working once the OPT expires to avoid bug of unauthorized employment.

Do I Demand A Lawyer To Guide Me Through H1B Lottery Process?

If y'all desire to avoid whatsoever undesirable scenario and ensure on-fourth dimension filing and proper class submission of your registration, you should consider hiring an chaser. Your immigration lawyer tin can lead you lot through the registrations and filing procedure and propose you on what other documents you should gear up to increase your odds in H-1B lottery.

Richard Herman and his squad of immigration lawyers tin can exist your right manus if you want to file an H-1B petition. Our team has extensive experience in providing services in the field of immigration law. With each client, nosotros build a strong attorney-client relationship, ensuring it is one of trust. In this way, we have had the privilege to aid a number of clients from all around the globe to get H-1B visa.

Also, when we say that we speak your linguistic communication, we actually mean information technology- our dedicated team of lawyers speaks more than 12 dissimilar languages. March 1st is only a few weeks far, so call the states now and volume your consultation.

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