The initial application window for H1B closed on July 28. But the United States Citizenship and Immigration Services (USCIS) created a new window that closes on November 3. It was determined that the quota of 85,000 new statuses or visas would not be met for the fiscal year 2022. There are also 20,000 petitions set aside for applicants with a master’s degree or above – this extra cap does not apply to H1B workers who work in higher education, non-profits or government research organizations.
Who is it for?
This visa is for foreign workers with highly specialized skills and knowledge. They must also have a bachelor’s degree or equivalent from a foreign institution. They must also have certification, license or registration to do the necessary work. Non-immigrant applicants with selected registrations will have their USCIS account updated.
The application process
Employers are not required to take any new action to have applicants selected in the second drawing. Nevertheless, they must still establish eligibility for petition approval through adjudication based on existing requirements. The process involves three steps:
- Employer files Labor Condition Application
- Employer files Petition for Nonimmigrant Worker (Form 1-129) to USCIS
- The potential worker applies for the visa from outside the U.S. at an embassy.
Employers will be notified by the USCIS via email saying that action was taken on their case. They must then log into the registration system and print the selection notice. The
It is best to get help
Violations of these rules can lead to fines, bars on sponsoring other visa petitions and other sanctions, so it is recommended that organizations needing these workers hire an immigration attorney with experience handling non-immigration visas. They can help ensure that the application is done correctly and in a timely fashion so a business can get the staff they need.