H-1B visa season is just around the corner and employers should finalize preparations for another highly competitive lottery process. Although United States Citizenship and Immigration Services (USCIS) has not yet released its dates for FY2025 visa registrations, employers and workers should make sure they are ready.
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Overseas workers are vital for many businesses because they fill skill gaps. H-1B visas are highly valuable to many employers because they allow the hiring of foreign workers with specialized skills requiring bachelor’s degrees or higher that are difficult to source in the United States. You should talk to a business immigration attorney as soon as possible to assist in this lengthy process. Employers in cities such as Virginia Beach face worker shortages in specialties such as software engineers, doctors, and educators The COVID-19 pandemic has exacerbated the issue.
Applying for H-1B visas is a complicated process and it’s vital to get it right the first time. Every year United States Citizenship and Immigration Services (USCIS) grants about 65,000 visas with a further 20,000 under a master’s cap for applicants who hold master’s degrees. USCIS receives more than 300,000 applications every year. The number of registrations spiked in recent years. During the registration period for the FY 2024 H-1B cap, USCIS received 780,884 total registrations, of which almost 759,000 were eligible for consideration.
USCIS has not yet announced the formal timetable for FY24 applications. The three-week window is typically in March.
However, USCIS recently announced it will launch organizational accounts in February with the online filing of forms available shortly afterwards.
The agency detailed a package of “customer experience improvement” to streamline the 2025 H-1B cap season. These measures are expected to increase efficiency and assist collaboration between organizations and their legal representatives.
USCIS will launch organizational accounts for the FY2025 H-1B cap season. The agency says these accounts “will allow multiple individuals within an organization, such as a company or other business entity, and their legal representatives to collaborate on and prepare H-1B registrations, Form I-129, Petition for a Nonimmigrant Worker, and associated Form I-907, Request for Premium Processing Service.”
USCIS Director Ur M. Jaddou has hailed the improvements that should cut out some of the paperwork from the process as a “big step forward.”
“Once we launch the organizational accounts and online filing of I-129 H-1B petitions, the entire H-1B lifecycle becomes fully electronic — from registration, if applicable, to our final decision and transmission to the Department of State,” she stated.
USCIS expects to launch organizational accounts in February 2024, with online filing of Forms I-129 and I-907 following soon after. As well as streamlining the Form I-129 H-1B petition procedure, the changes are intended to help reduce duplicate H-1B registrations and other common errors made in this complex process.
USCIS announced it will transition the paper filing location for Forms I-129 and I-907 from service centers to the USCIS lockbox as part of its efforts to increase efficiency by standardizing processes and reducing costs.
Any new process can be complicated. USCIS is launching two national engagements to explain organizational accounts on Jan 23 and Jan. 24. Your immigration attorney can advise you on important changes to the process.
How Employers Can Prepare for H-1B Visa Cap Season
Employers should have evaluated their workforce needs and know which overseas applicants they want to sponsor for H-1B visas. Your checklist to work with an H-1B attorney should include:
- A Job offer letter, if applicable.
- A brochure.
- A copy of a work contract, where applicable.
- A job description.
- Proof of the potential applicant’s educational qualifications.
- Proof of 501(c)(3) status where applicable.
- A summary of potential benefits to be offered to the applicant.
- Salary details that are consistent with the “prevailing wage.”
- FEIN verification.
What is FEIN Verification for H-1B Visa Applicants?
One of the many steps involved in the H-1B petition process is filing an online labor condition application with the US Department of Labor. If this is the first time a sponsor has filed an application, the online system will not recognize the FEIN (the sponsor’s tax ID number).
In these cases, the FEIN must be verified by the U.S. Department of Labor. Our attorneys can submit documents on your behalf to the Department of Labor to establish a tax ID number.
These can include your Federal/state tax return, bank documents with your tax ID number on them, or State Corporation Commission registration documents for your company.
Contact a Virginia Beach Immigration Lawyer About your H-1B Visa Requirements
Notwithstanding improvements USCIS has made to the H-1B visa system, it remains a confusing and difficult process. The Virginia Beach-based attorneys at Gardner & Mendoza can help your company with every step, ensure your prospective candidate’s credentials are vetted, and assist you with H1-B registration. Please call us as soon as possible at (757) 464-9224.