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This year, USCIS has received an unprecedented number of online e-registrations, and H1B applications are a major concern for students who are graduating or whose OPT is about to expire. This article will give you an overviewThe whole process of applying for H1BFrom the specific process to the preparation of information to some problems of job transfer after winning the lottery, to provide you withOne-Stop Answer ServiceThe

01 H1B Application Process

Preparation for the Drawing of Lots

This stage is mainly to complete the registration of the employer's account.H1B applicants (U.S. employers) or H-1B application agents (attorneys), you can complete the registration of the employer's company account on the official website of the USCIS in advance. If the employer has ever drawn an H1B visa, then the previous account can be used. Employers or attorneys who do not have an account need to complete the account registration during the preparation period.

Register for the H1B Lottery

Employers or agents can add beneficiaries to the account number at any time. Foreign employees making an online electronic enrollment must wait until March 1 to log into their application account, enter beneficiary information and submit the enrollment for a $10 fee. Once the registration is successful, the company account number will show all the beneficiaries who have submitted their online registration.

Waiting for H1B results to be announced

At the end of the electronic registration, the Immigration Service counted a sufficient number of applications for registration that had been received

(There are 85,000 slots available in the H1B lottery each year, first the MASTER and BACHELOR undergraduates are placed in the lottery together for a total of 65,000 slots, and the remaining MASTERs who are not selected in the lottery are then drawn for another 20,000 slots.) The Immigration Department will start the first round of computerized random selection and will send out notification of the first round results within a month. Applicants (employers) will need to log in to their application account to view the full notification of successful applications, which will have a status of "Selected"After a few months, the status of unsuccessful applications will be "unselected", and the status of invalid applications submitted repeatedly will be changed to "Denied". After a few months, the status of unsuccessful applications will be "unselected" and invalid applications submitted repeatedly will simply become "Denied".

Applying for LCA and Filing H1B Applications

Applicants who win the H1B lottery are required to file a full set of application documents (including the Department of Labor's LCA certification process) and pay the filing fee with USCIS within 90 days. Only if the LCA Labor Condition Application is approved by the Department of Labor, can you submit the documents to USCIS to apply for H1B.

H1B in effect

The H1B approval goes into effect on October 1st.

For H1B filing timeline, please move to.Essential Tips for H-1B Petitions, Inventory of USCIS Processing Priorities!

02 H1B Lottery

1.Application Process

• Electronic registration of applicants
• perform divination with sticks
• Waiting for lottery results: selected/unselected/submitted

2. Information required

• Basic employer information: company name, EIN number, company address, etc.
• Beneficiary information: beneficiary's name, gender, birthday, education, country of birth, country of citizenship, passport number, etc.
• The specific H1B application materials can be submitted only after the H1B lottery is won.
• PS: If the application has an RFE (Request for Evidence), you will need to submit a supplemental application to pass the RFE, and the approved H1B will automatically go into effect on October 1st.

03 Required documents for H1B application

Employer:

FEIN distribution letter: A letter from the Internal Revenue Service (IRS) confirming a Federal Tax ID number or other communication from a government or banking agency that confirms the FEIN. (Initial application for employees)

Basic Company InformationName, Year of Establishment, Address, Phone Number, Number of Employees, H1B/L1 Employees, Net Income, etc.

Other materials: Company website, business profile, etc.

*In the case of a start-up company, USCIS may require the company to provide:

• Product or business description and business plan;
• Financing documents;
• Lease, rent receipts, proof that the company owns the office space;
• Floor plans and photos of corporate office space;
• Business licenses, commercial contracts, invoices, bills, bank statements, utility bills and other documents that prove the actual operation of the company;
• Quarterly wage reports for the past year;
• Most recent federal tax return and documents related to incorporation, etc.

Employees:

(1) Name, previous name, contact information, address, overseas address, SSN, city and date of birth

(2) Passport Information Page, Visa Page, Entry Stamp Page

(3) Form I-94 and Form I-20

(4) Updated resume

(5) Degree certificates and transcripts

(6) Have used or are using OPT and are prepared to collect and organize: job offer letters, pay stubs, severance letters, job and professional related certificates, and start and end dates for each job. 

(7) Have used or are using CPT and are prepared to collect and organize: job offer letters, pay stubs, severance letters, proof of job and major, start and end dates of each job, cooperative agreements between the school and the company, CPT syllabi, CPT degree descriptions, and certificates of attendance from the school.

04 H1B Transfer applications

1.H1B Transfer Application Process

• The new employer files an LCA application with the U.S. Department of Labor. Generally, the new employer should allow about 7 days for the LCA application, and can only proceed to the next step after obtaining the approved LCA.
• Submit H1B Transfer Application Package to USCIS after obtaining LCA
• Waiting for Immigration results

2. Cautions

• No material from the old employer is required
• The I-797A Approval Notice from the initial H1B application and the last few pay stubs are required to prove the validity of the applicant's H1B status.
• Once the H1B Transfer is denied and the original employer revokes the previous H1B, theLegitimate work status is about to expire and need to leave the country as soon as possible