Last Updated on November 22, 2023
These best practices will have employers starting the petition process early and already thinking about alternatives
The FY 2025 H-1B cap season is quickly approaching, which means it’s already time to start preparing petitions. Generally, U.S. Citizenship and Immigration Services (USCIS) starts accepting H-1B visa cap petitions in March. In prior years, H-1B registration was open for the first five business days, and the cap was met on the first business day, therefore triggering the lottery.
It’s never too early to start preparing for the H-1B cap season, which is why we are sharing some tips to help make this upcoming H-1B cap season your organization’s best and most successful.
1. Start the H-1B Process Early
It takes some time upfront to collect all the necessary information from your sponsored employees and account for every document that needs to be sent to USCIS. The H-1B has multiple requirements, and omitting important information or not providing a detailed job description could lead to USCIS issuing a Request for Evidence (RFE). The sooner you start the H-1B cap petition process, the better.
2. Incorporate Technology into Your H-1B Strategy
Utilizing technology can help simplify the H-1B cap petition process. With transparent communication between attorneys, HR managers and employees, all parties will have an easier time staying on the same page throughout the process. Technology can also provide real-time notifications, like when an attorney needs a document or if a case has a status change. A helpful H-1B cap dashboard also gives HR teams a comprehensive overview of all H-1B cap cases, including action items and next steps.
3. Support Your Employees Throughout the H-1B Process
The HR teams are not the only ones who feel the stress of H-1B cap season. Sponsored talent has a lot at stake during this time too, and they will appreciate their employer’s proactiveness in starting the petition process early. Here are some additional ways to help your employees:
- Set expectations early regarding the role they will take during the process. Some employees want constant communication with the immigration services provider, while others may feel comfortable with the process and case preparation.
- Communicate often about their case status. The more they can track their prep requirements and case status, the more likely they’ll feel content throughout the experience and satisfied with their employer’s investment in their future.
- Follow-up and check-in before, during and after the petition is filed. Foreign national employees experience a lot of anxiety over their visa petitions and status. They will likely be very stressed and anxious until they find out whether or not they were accepted into the lottery. Continue to follow up with the immigration services provider and employee to see if there are updates.
This level of organization is a great way to boost retention and provide a positive, supportive experience during what can be an uncertain time.
4. Think About H-1B Alternatives
While you want to remain positive about a foreign national’s chances of being selected in the H-1B lottery, you’ll also want to think about other options in case they don’t. Be sure to discuss visa alternatives with your immigration services provider, and check out Envoy’s resource center for more information about the different H-1B alternatives and which could be most beneficial to your organization.
As you prepare for H-1B cap season, we want to be a resource. To learn more about Envoy and how we’re using technology to help employers and foreign talent navigate the nuances of the immigration process, click here.
Envoy is pleased to provide you with this information, which was prepared in collaboration with 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.
