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H-1B VISA CAP LOTTERY

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Updated JANUARY 2020:  Every year the American government only issues a certain number of H1B visas to “cap subject” American employers.  IN 2020 THE PROCESS WAS CHANGED TO A TWO STEP PROCESS.

What is the new two step H1B Lottery process?

  1. After the H1B is evaluated by an expert to make sure it is not “frivolous,” job candidate’s name is registered by employer online by March 20, 2020.
  2. If a job candidate’s H1B is selected in H1B Lottery, the employer has 90 days to submit full H1B visa application.

Why is there an H1B Lottery for “Cap Subject” H1B Visas?

Current law limits the issuance of H1B visas to 85,000 each year to “cap subject” employers. During the most recent H1B visa lottery (April 2019) American “cap subject” employers submitted 190,000 H1B visa applications, and 85,000 were chosen in the lottery.

What is the Timeline?

January – February 2020:  Immigration Attorneys evaluate H1B cases to see if they are “meritorious” and won’t be considered frivolous.

March 20, 2020:   H1B applicants are registered electronically.

June 15, 2020:  Employers must submit complete H1B applications

October 1, 2020: If H1B is approved, October 1 is the first date it will become “active.”

What does the Immigration Attorney Evaluate?

Whether job description is for a “specialty occupation.”

Whether the salary meets the prevailing wage.

Whether the educational documents meet the H1B standard.

Whether the employer is considered legit.

Whether expert reports will be needed.

When an employer submits a name into the H1B lottery, they are promising to submit a “meritorious” H1B application if it is chosen in the lottery.  If they don’t, the employer can be charged with the intent to file a “frivolous” H1B.

Do I have to participate in the lottery for every H1B Visa?

No, after an employee gets their first H1B visa chosen in the lottery, they do not have to participate in the lottery again for future H1B visas.

What is an H1B “Cap Subject” Employer?

There is no list of “cap subject” employers that we know of – basically employers that are “for-profit” (no matter what size) are normally “subject” to the H1b Visa cap.

Are Any Professions Exempted from the H1B Cap?

customer review immigration attorneyNo professions, even veterinarians, are automatically exempt from the numerical cap if they plan to work for a “cap subject” American employer.

Is There Any Way to Get an Advantage in the H1b Lottery?

Yes. The first 20,000 cap subject H1B visas are issued to foreign nationals who obtained their Master’s Degree in America, so they are given preference in the lottery.

Master Degree graduates from American universities have an additional chance of being selected in the H1B lottery.

h1b visa

How fast did last year’s H1B visas go? 

One week. The USCIS received about 190,000 applications from “cap subject” employers during the first week of April 2019 and by law only 85,000 H1B visas could be chosen.

Am I allowed to ask more than one cap-subject employer to submit an H1B application for me?

Yes. In fact predictions are that in April 2020 there may be over 200,000 H1B applications submitted to the government again because so many job candidates are going to ask more than one employer to submit an H1B visa application for them. The law allows a foreign national to be named in more than one cap-subject H1B petition. In other words, two unrelated companies can file an H1B cap-subject petition for the same person.

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Where can I research H1B visa jobs offered by American employers?

There are many websites that offer this service, and one is called H-1Base.

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What is a “cap exempt” H1B employer?

Certain American universities and nonprofit groups are called “cap exempt” and are not subject to the H-1B visa cap.  Sorry, but we do not have a list of “cap exempt” American universities or employers.

Are there any other exceptions to the H1B visa cap?

  • H1B visa extensions for persons who already had an H1B visa chosen in the lottery do not have to participate in the lottery again (so long as they were counted in the H1B visa cap previously).
  • H1B visa transfers from one U.S. employer to another U.S. employer (called “change of employer”) do not have to participate in the lottery (so long as they were counted in the H1B visa cap previously) if both employers are for profit cap subject employers.
  • H1B visa transfers from one U.S. employer to another (called “change of employer”) DO need to be counted against the cap if the foreign national is changing jobs from a U.S. employer that was exempt from the lottery (like a university) to one that is not exempt (a for-profit company).

Can I Get an H1B Visa for a “Cap Subject” Employer For a Veterinarian Internship/Residency That Starts in June?

I don’t see how – for one thing, the H1B visas (if chosen in lottery and approved) are not activated until the following October 1st of the same year (even if extra money for expedited processing was paid).

Veterinary Internship and Veterinary Residency programs do not usually allow a delay in starting their programs. In addition, cap subject employers are required (by strict laws) to pay at least $750 – $1,500 USD of the government fees. Moreover, the low salaries paid to Veterinary Interns and Veterinary Residents are problematic for H1B visas.

Does My State License Need to Be Submitted with the H1B Visa?

If a professional needs an American state license to work in the U.S. (such as a veterinary license to practice medicine), proof of an approved state license should be submitted along with the H1B petition (there are some exceptions) or else the H1B visa may only be granted for 1 year (instead of 3 years).

In some cases, proof that all requirements for the state license have been met can be submitted with the H1B in lieu of the approved state license (for example, in states where the license cannot be approved without a social security number).

Other Work Visa Options?

    • H1B1 Visa for Professionals from Chile or Singapore
    • E3 Visa for Professionals from Australia
    • TN Visa for Professionals from Mexico or Canada

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H1b Immigration Attorney

Danielle Nelisse | H1B Immigration Attorney

Who Prepares the H1B paperwork?

H1B visa applications are normally prepared for cap subject American employers by experienced American immigration attorneys.

Questions about hiring an attorney?

Call Danielle Nelisse, Immigration Attorney, at (619) 235-8811 or email her at danielle@immigrationworkvisa.com

UPDATED:  JANUARY 2020

4 comments on “H-1B VISA CAP LOTTERY

  1. jonathan
    March 29, 2011

    Hi Danielle
    Your legal services are very much appreciated. I am pleased with the information you provided, thank you!

  2. Romila
    December 3, 2010

    Good info. for people who are seeking opportunities in USA

  3. Dr.Krishna Kumar Singh
    December 2, 2010

    I m a veterinarian (B.V.Sc.&A.H. from Ranchi veterinary College Ranchi ; Kanke ; Birsa Agricultural university; India since 1984. I m in veterinary practice at BOKAROSTEEL CITY, Bokaro ; India since 25years ago. I want to do work as a private practionars of only cow in AMARICA due to INDIA is a now became a‘’POLITCAL country” where there is no regard of scientist & a person having much degree.I have very much experience in Gynecological (sterlity, Pregnancy diagnosis in < 45 days100%, difficult dystocia , A.I. 90% success) &In infectious , Metabolic , Poisonings & other diseases of cow.
    Please,U help mefor veterinarian job .
    Dr Krishna Kumar Singh Touring Veterinary officer Bokaro ; India

    • immigrationworkvisa
      December 6, 2010

      Dear Dr. Singh:

      You will need an American animal hospital or American university to offer you a job in order to request a work visa. The work visa you qualify for (H-1B), will probably run out in January 2011 (there is an annual cap), but will become available again in April 2011 (to start work October 2011).

      Most American employers require that veterinarians obtain a state license from one of the American states to practice veterinary medicine (some universities do not), and if so, you need to make arrangements to apply for the license before applying for the work visa.

      Kind regards, Danielle Nelisse
      http://www.immigrationworkvisa.com

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