In 2022, the H-1B employers and employees we represented were extremely lucky. The vast majority of our H-1B lottery submissions won, and we put in a lot of extra hours in order to secure H-1B visas for a large number of individuals.
In 2023, certain companies started taking advantage of some loopholes in the H-1B lottery. Some of this was done legally, some illegally. Individual employees were able to enter the H-1B lottery multiple times, often through fake employers. The result was catastrophic for legitimate H-1B employers and their potential employees. With only so many visas available, most legitimate companies were not able to get the workers they needed. We saw this reflected with our own H-1B clients.
Fortunately, reform is on its way, and we expect 2024 to be much better than last year for H-1B visas. The U.S. government has proposed new rules that will allow potential H-1B employees to just one lottery submission each. The loophole will be closed. The lottery is still in place, and there’s no guarantee that any one employee will be awarded the visa, but the chances of success will be significantly higher than in 2023.
Reminders about H-1B visas
The lottery deadline is in March
It’s important that you start this process in January for the best results. Attorney Tim Jones has helped countless companies and individuals with the H-1B process. Give us a call to schedule your consultation for the 2024 lottery!
The job should match the degree
To receive an H-1B visa, you need to have the necessary training and education beforehand. This typically means a 4-year college degree that matches with the job position. Additionally, the position needs to be one that typically requires a college degree. For example, if you are trying to work as a software engineer, then a degree in Communications may not fit the requirements. If you’re unsure whether your degree or position qualify, then speak to an immigration attorney for assistance and clarification.
Remember, a university degree is typically required for a job position if you’re also applying for and H-1B visa. A master’s degree or higher certification from a qualified U.S. university can increase your chances of winning the H-1B lottery further.
Work experience can substitute for education in some cases for an H-1B visa, although these situations will always be trickier. We have had great success with these situations, but we do recommend you start the process earlier as they are more time-consuming and difficult. Give us a call today so we can act quickly to better solidify your H-1B case!
If you don’t qualify for an H-1B visa or if you don’t win the lottery, there may be other options available
Depending on your situation, you may qualify for the H-1B1 visa, an employment Green Card, a TN visa, among many other options. Reach out to an immigration attorney to know the full extent of your employment visa options for your specific qualifications and situation.
Costs can vary depending on the success of the lottery
Most immigration attorneys will provide a smaller quote for the lottery submission. Then, if you win your lottery, there will be a new quote for a larger amount of money to complete the immigration paperwork processes. This method lessens the cost risk to employers because they don’t have to pay such high costs if they're not successful in the lottery.
Attorney Tim Jones
Employers and employees with questions about H-1B and other employment visa options should reach out to our team to schedule a consultation. Attorney Jones will provide legal advice for H-1Bs along with a quote for how much the whole process may cost. We are flexible and can meet in person or via Zoom. Give us a call today!
