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Top 8 Things You Need to Know about the H1B VISA LOTTERY

Law Offices of Naheed A. Amdani, P.C. / Top 8 Things You Need to Know about the H1B VISA LOTTERY

1.  Short Application Timeframe

You must apply between April 1 – April 7, 2018.  That’s it.  If you don’t make it?  Well, there’s always next year.

2.  Limit on Visas

There are only 65,000 H1B visas available, plus an additional 20,000 for those who hold a master’s degree from a US institution.  And it’s not first come-first served.  It’s a lottery.  It doesn’t matter if you submitted the first application on day 1, or application number 64,999.  Keep in mind, though, that USCIS will stop taking applications once the cap is reached.  So filing earlier is better.

3.  Employers Must Apply

It doesn’t matter how gung-ho you are about applying.  Your employer needs to be the one who files the application.

4.  Spouses and Kids are Covered

If you make it through the lottery and your H1B is approved, don’t worry.  Your spouse and kids (under 21) can come to the US too.  BUT they can’t work here.  They can, however, get a driver’s license, go to school, etc.

5.  Premium Processing

Rush processing, called Premium Processing, costs quite a bit.  However, if you pay for it, USCIS gives you a decision within 15 days.  That’s assuming you make it through the lottery of course.

6.  Past Lottery Rejections

Past lottery rejections “technically” have no bearing on a new application in a new year.  But if you were rejected in the past and you know why, it would help during the preparation of your application.  Your lawyer will be able to guide you here.

7.  Consultant Positions

Even if you make it through the lottery process, you are more likely to get rejected by USCIS if the company employing you has hired you on a consultant basis.  Preference is given to full-time permanent-type positions, not consultant positions.

8.  You Need Help

You may think it’s just paperwork, but all the intricacies require knowledge that only an experienced immigration attorney can provide.  DON’T hire a “website”.  Talk to an actual qualified attorney, someone who has time for you.  The US immigration process is no joke.  You will need an experienced guide.

We are here to help you with the H1B process. Please submit the information below, and we will contact you within one business day. Or call us at 847-677-8700 for a free consultation.  Let our experienced attorneys guide you through the H1B process.

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Our immigration practice encompasses:

Employment-Based Immigration:

  • EB-1, EB-2, EB-3, EB-4 and EB-5 visas and requirements
  • Employment Immigration and Green Cards
  • H-1B, H-2B and H-3 visas
  • Investment work visas and Green Cards
  • National Interest Waivers
  • R visas for religious workers
  • L visas for intra-company transfers
  • Labor certification (PERM) for EB-2 and EB-3 Workers
  • Work visas and Green Cards for Persons with Extraordinary Abilities (O-1 and EB-1)
  • TN visas for Canadian or Mexican citizens
  • Temporary work visas
  • Sports and entertainment visas (P-1)
  • Employer I-9 employer compliance, E-Verify and Raid Preparedness

Family-Based Immigration:

  • Green Cards
  • Citizenship and Naturalization
  • Consular Processing
  • Fiance(e) visas
  • Violence Against Women Act (VAWA)
  • Asylum
  • Deportation
  • B-1 and B-2 visitor visas
  • Waivers of inadmissibility
  • F-1 student visas
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