The Initial Deadline is Over, But There Are More
Each financial year, USCIS opens the H-1B cap registration window in early March. Registrations are completed online through the electronic registration portal. New sponsors can create a myUSCIS account beginning February 21. This step notifies USCIS that you intend to sponsor an applicant. You’ll submit basic information regarding your intentions and a $10 fee.
This year’s first available date to submit registrations was March 1, and the window closed on March 17. Those selected in the random lottery process were notified no later than March 31. However, if any further visas become available for various reasons, you may still receive a notification of approval.
Filing the Petition
If you’re one of the chosen few who were selected in the random lottery, be sure to get your petitions filed timely! You have 90 days (to midnight on that date) from the date you received the notification. Generally, this places the deadline at June 30. Working with a legal immigration professional, such as Visa2US, ensures you complete your petition accurately and quickly so as not to miss the deadline due to errors.
Submitting Your Application
The H-1B application window of acceptance runs from April 1 to June 30, 2023. Only registrants selected in the initial lottery process can submit applications. However, a completed registration and application don’t mean your candidate will receive the visa. This depends on factors such as your business’s legitimacy, the beneficiary’s background and skills, and how well your application was completed.
Any errors or omitted responses can cause your petition to be denied or rejected. USCIS may send out a Request for Evidence, which delays the process. Or, they can choose to refuse the petition altogether, and you’ll need to wait until the next fiscal year to resubmit your request.
Another aspect to watch closely is the filing fee requirement. H-1B visa fees must be paid by the sponsor. Should you submit the wrong fee, your petition will be returned. Filing fees per petition include the following and are due on specific dates:
● Electronic filing fee: $10
● Base filing fee: $460
● AICWA fee: $750 for employers with 1 to 25 full-time employees on the payroll/$1,500 for employers who have 26 or more full-time equivalent employees on the payroll
● Fraud prevention & detection fee: $500 (note: this only applies to new H-1B applications and change of employer petitions)
● Fee regarding Public Law 114-113: $4,000 (note: this is only applicable in businesses with 50 or more employees when more than half are on H-1B or L-1 visas), also required for new H-1B filings and when changing employers.
● Premium processing fee: $1,500. This optional fee allows you to receive faster adjudication, currently allocated at a response within 15 calendar days. Premium processing is the only fee that can be paid by the beneficiary, but only in specific situations. Always ask for legal advice from your immigration expert before allowing your beneficiary to cover this cost.
Filing an H-1B petition is a complex endeavor that requires a fine analysis of details. Since there’s no guarantee your beneficiary will receive their visa, and you’ll pay those fees for nothing, it’s a wise idea to work with legal immigration experts like Visa2US.
Our professionals ensure all information, evidence, and fees are completed and submitted accurately and timely. We’ll explain the problems that come with duplicate petitions to ensure your potential employee doesn’t inadvertently mess up their petition chances. We can also help you to verify your preferred beneficiary meets the standards USCIS requires for your particular job vacancy and submits the appropriate evidence to prove it.
If you missed this year’s selection, contact us, too! At Visa2US, we know the ins and outs of the system and can recommend your next steps based on your unique situation. Our experts are available 24/7 and ready to guide your H-1B journey.