Once the last H-1B application is signed, sealed, and delivered, thousands of H-1B hopeful employees are left crossing their fingers as they wait for news on their application status. However, for the United States Citizenship and Immigration Services (USCIS), the rumpus is just beginning.
April 7th marked the conclusion of the brief annual 5-day window that USCIS accepts H-1B petitions. This year, the department received roughly 199,000. While ostensibly sizeable, this is down markedly from last year and the year prior’s 236,000 and 233,000 submissions, respectively.
However, unlike any other nonimmigrant immigration applications, the majority of these H-1B petitions will be returned unread with their filing fees attached. Due to the high popularity for H-1B status and government-imposed cap, only 85,000 petitions will be adjudicated, though nearly a quarter of that number is reserved for applicants with an advanced degree such as a Master’s or Doctorate.
Unfortunately, there is no strategy at play in getting your H-1B application selected for review. Rather, USCIS uses a computer-generated system that randomly selects those petitioners moving forward in the selection process. On April 11th, USCIS started notifying winners of the H-1B lottery who hold an advanced degree. Of the H-1B petitions submitted by Dayzad Law, we are thrilled to mention that we have already received notice of our first lottery winner…with (hopefully) many more to come in the following week!
While an unsuccessful bid in the H-1B selection process may be a setback, it is not the end of the road for foreign nationals wishing to pursue a nonimmigrant visa in the United States. For one, there is no limit on how many times an applicant may reapply for their first H-1B visa, assuming their employers decide to apply again. Although this can serve as a long-term objective for some employees, other nuanced immigration strategies may be suitable alternatives. O status, for example, grants special admission for individuals demonstrating extraordinary ability in their industry. Additionally, those who are unsuccessful in the H-1B lottery may opt to return to graduate school, extending their legal status in the U.S. on a student status while simultaneously increasing their chances of a successful H-1B bid in the future. Also, permanent residence may be an option for some.
All of us at Dayzad Law share in your excitement and anxiety over the following weeks as petitioners are notified and, as always, are happy to assist in reviewing and reevaluating your employment options and opportunities.