Last Updated on March 20, 2024
Next Steps: After the H-1B Lottery Registration is Selected
Each year, H-1B cap season emerges as one of the most eagerly anticipated periods on the U.S. immigration calendar. While many individuals are registered for the H-1B lottery, only those selected during the electronic registration can submit a petition.
The H-1B cap is set to 85,000 petitions per year.
Once selected, submitting a strong and correct petition is a critical part of the process. You and your team may be left with some questions, such as:
- What is the H-1B petition?
- When can your employees enter the U.S. if they’re not already here?
- When can my employee begin working?
- What are the steps after petition approval?
Here’s what you can expect as you and your team get started.
What is an H-1B Petition
The H-1B visa is designated for individuals working in a specialty occupation, which is defined as a position requiring at least a bachelor’s degree in a specific or related field (or its equivalent) and that the foreign national being sponsored has at least a bachelor’s degree in that specific or related field (or its equivalent).
Once USCIS receives the H-1B petition, they will issue a Receipt Notice. Thereafter, USCIS will process the petition and the processing time will vary based on the Service Center assigned and whether Premium Processing was submitted with the petition. USCIS may request more information, known as a Request for Evidence (RFE). RFEs are notices sent by USCIS informing petitioners that, per USCIS, the petition needs to provide further information, clarification, and/or documentation. According to USCIS data, 10.5% of H-1B cap petitions received an RFE in FY 2023.
To lessen the likelihood of this potential additional step, Envoy Global recommends that teams work with a trusted immigration service provider and- understand any risks and/or recommendations within the petition.
Partnering with an immigration service provider, like Envoy Global, can help streamline the notification process for you and your employees. Envoy ensures that you receive timely updates, and our customer experience (CX) team is there to help answer any platform navigation questions that your foreign national employee may have during this process.
If you do receive an RFE, don’t panic. RFEs are part of the process. With Envoy’s guidance, you’ll have support compiling documentation and responding within the allotted timeframe for the request.
Check out our H-1B Employer’s Guide for helpful practice pointers and information when responding to RFEs.
Formal Approval Notices: Receiving a Decision
Whether with or without an RFE, the next milestone in the H-1B process is the decision. If you are an Envoy Global customer, we will email you to alert you that USCIS has approved or denied the petition.
Travel to the U.S.: Preparing for Arrival
As your H-1B start becomes imminent, it’s important to start preparing for your U.S. arrival. Employees should coordinate with their employer regarding travel plans, accommodation and any other logistics. Envoy’s team can help advise you and your employees on this process.
Start Date: Starting Work on an H-1B Visa
While H-1B cap employment can begin on October 1st, overseas travelers enter the country 10 days before beginning work. Work closely with your employer to ensure a smooth transition into your new role.
Embrace Your H-1B Journey
After your H-1B petition is approved, the road ahead is filled with exciting opportunities. Stay informed and proactively maintain work authorization and more by leveraging an immigration service provider.
Envoy Global’s commitment to your team’s success doesn’t end with petition approval. Our services extend to guiding every step, from responding to RFEs to ensuring seamless up-keep of all future immigration needs.
Envoy is pleased to provide you with this information, which was prepared in collaboration with Anne Walsh, who is a Partner at Corporate Immigration Partners, P.C., a U.S. law firm who provides services through the Envoy Platform (the “U.S. Law Firm”).
Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. Envoy is not a law firm, and does not provide legal advice. If you would like guidance on how this information may impact your particular situation and you are a client of the U.S. Law Firm, consult your attorney. If you are not a client of the U.S. Law Firm working with Envoy, consult another qualified professional. This website does not create an attorney-client relationship with the U.S. Law Firm.
