With the H-1B visa category being one of the most competitive visas, the H-1B cap season is a highly tight time for US employers looking to hire international workers. Employers interested in bringing foreign workers to the US on H-1B visas will need to understand the process, carefully prepare petitions, and stay updated on the key dates and requirements.
H-1B Cap Season – Key Dates to Remember
The H-1B cap season typically follows this timeline
- March: USCIS opens the H-1B registration period for employers.
- April 1: USCIS starts accepting H-1B petitions for the new fiscal year.
- June to September: USCIS reviews petitions and sends approvals, RFEs (Requests for Evidence), or denials.
It’s important to keep track of these dates and prepare early to avoid last-minute issues.
Recent Updates to the H-1B Lottery
The U.S. Department of Homeland Security (DHS) issued a final rule in December 2024 modernizing the H-1B lottery program. This final rule includes certain updates and will take effect on January 17, 2025.
- Beneficiary-Centric H-1B Selection Process: Each beneficiary can be entered in the lottery just once, irrespective of the number of registrations submitted on their behalf. This move ensures equal selection opportunities for all beneficiaries and prevents system manipulation.
- Prohibition on Multiple Registrations by Related Entities: In the upcoming H-1B lottery, related entities will not be allowed to submit multiple registrations on behalf of the same beneficiary.
- Authority to Deny or Revoke Petitions: DHS will now deny or revoke H-1B petitions that include false information in the registration.
- Compliance with Site Visits: Failure to comply with the site visits could most likely result in petition revocation or denial.
How to Improve Your Chances of Approval
The demand for H-1B visas is high but these visas are limited in number. Here are some tips to increase the chances of getting your petition approved.
- Check Job and Candidate Eligibility
It is the responsibility of the employers to make sure the job qualifies as a specialty occupation, which means, a role that requires specialized knowledge. Similarly, the candidate they wish to hire must have the right education, like a U.S. bachelor’s degree or higher in a relevant field. There must be a direct relationship between the required degree field(s) and the duties of the position, ensuring that only qualified individuals are eligible. - Job Position as Specialty Occupation: A position cannot be classified as a specialty occupation if it can be filled by someone with a general degree. Make sure the position is complex and specific, specialized degrees are necessary for qualifying. Ensure that you define only those roles requiring significant expertise for H-1B sponsorship.
- Complete the Labor Condition Application (LCA) Accurately
LCA must be filed with the Department of Labor (DOL) and it must accurately list details like job location, salary, and work conditions. Remember, mistakes in the LCA can lead to denials or RFEs (Requests for Evidence), which could delay your petition. - Provide Thorough Documentation
Supporting documents play an important role, which is why it is crucial to provide all the required documentation like education certificates, job offer letters, and proof of employer-employee relationship. In addition, employers must make sure the job description outlines how the role qualifies as a specialty occupation. - Avoid Common RFE Triggers
To avoid RFEs, make sure the job title and duties align with the designated SOC code. Consulting companies must clearly define the employer-employee relationship. If the employee will work at multiple sites, it is mandatory to address worksite locations in the petition. - Use Technology to Streamline Petition Preparation
To stay on track and updated, employers can leverage platforms like Imagility to manage the entire H-1B petition process, from document checklists to compliance tracking. Automation tools can help reduce errors and ensure that petitions are complete and accurate.
Best Practices for Preparing Petitions
To further improve your chances of H-1B petition approval, follow these best practices:
Start Early
Begin preparing your petitions well before the registration period opens. This gives you time to gather documentation, resolve any issues, and file on time.
Conduct Internal Audits
Review past petitions to identify common errors or areas for improvement. Ensure that your organization’s immigration processes are compliant with current regulations.
Stay Updated on Policy Changes
USCIS policies and guidelines can change frequently. It is important to keep track of updates to avoid surprises during the cap season.
Consider Alternative Visa Options
If your petition is not selected in the lottery, there are other visa categories you can explore. L-1, O-1, or TN visas, are some visas you can consider depending on the candidate’s qualifications.
Conclusion
The H-1B cap season requires thorough preparation, attention to detail, and a clear understanding of USCIS requirements. By implementing best practices and leveraging technology solutions like Imagility, employers can improve their petition success rates and reduce the risk of RFEs or denials. Staying proactive and well-informed is the key to navigating this competitive process successfully.
