Navigating the H1B Registration Process: 7 Key Points You Need to Know

23 Dec, 2023

In today’s blog post, we will discuss the important points you need to know when registering for the H1B process. As immigration attorney John Kasravi explains, the H1B process has undergone significant changes, and it’s essential to be well-informed before proceeding with the registration. Whether you are an employer or an employee, understanding these key points will be crucial as the H1B filing season approaches. Let’s dive into the details.

Changes in the H1B Process

The H1B process has evolved, particularly since President Trump’s administration. Previously, all applicants submitted full applications on April 1st and awaited the outcome of the H1B lottery. However, due to the overwhelming number of applicants, a two-part system has been introduced. The initial step involves registering for the H1B process in early March, followed by a selection process. Applicants then have 90 days to complete the full H1B application if selected.

Registration Fee and Limitations

The filing fee for the initial registration of the H1B is only ten dollars. However, it’s important to note that attempting to submit multiple registrations or having multiple employers file on your behalf can result in disqualification. While the initial fee may seem minimal, it is crucial to approach the process ethically and avoid any attempts to circumvent the system.

Advantage for Higher Degree Holders

Individuals with higher degrees, such as master’s degrees, have access to additional visas, providing them with a competitive advantage in the H1B lottery. Ensuring that all relevant documentation is in order is essential for those with advanced degrees seeking to maximize their chances in the selection process.

Unused Visas and Additional Lotteries

Not all visas are utilized during the initial lottery process. In some cases, unused visas have led to the announcement of a second round of lotteries, offering applicants another opportunity to secure an H1B visa. While not guaranteed, this highlights the importance of staying informed and prepared for potential additional selection rounds.

Delays in Approval Process

Under the Trump administration, extended delays in approving H1B visas were observed, leading to significant waiting periods for applicants. The suspension of premium processing further exacerbated the timeline, creating challenges for individuals awaiting visa approvals. Navigating these delays requires careful consideration, especially for individuals with specific employment or educational timelines.

Impact of Immigration History

Applicants with certain immigration backgrounds, such as those with J-1 visas, may encounter obstacles in obtaining H1B visas. The presence of a two-year home residency requirement for some visa holders can significantly impact their eligibility for H1B visas. Understanding and addressing any potential immigration history-related issues early in the process is crucial to avoid complications later on.

Information Requirements and Collaboration

Both employers and foreign national beneficiaries must provide comprehensive information during the registration process. Collaboration between all parties involved, including legal counsel, is essential to ensure accurate and thorough submission of all required details. Additionally, preparing essential documentation, such as the Labor Condition Application (LCA), in a timely manner is crucial for a streamlined process.

In conclusion, the H1B registration process demands careful attention to detail and proactive planning. By understanding the nuances of the process and collaborating effectively with legal professionals, employers and foreign national beneficiaries can navigate the H1B process with greater confidence. As the upcoming filing season approaches, being well-informed about these crucial points will be instrumental in pursuing successful H1B registrations.

For further assistance and guidance with the H1B registration process, individuals are encouraged to reach out to immigration attorney John Kasravi’s office for expert support and personalized consultations. Contact information for his team is provided for those seeking comprehensive assistance in navigating the intricacies of the H1B process.

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