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When Was the H1B Registration Period for the 2022-2023 Fiscal Year ?
The registration period for the 2022-2023 H1B Cap Lottery was between March 1, 2022 and noon Eastern time on March 18, 2022. Companies and organizations could register people in the H1B cap lottery during this period.
Did the USCIS Announce the H1B Lottery Results?
Yes, on March 29, 2022, the USCIS officially announced that the H1B registration selection process has been completed. You can check on updates at https://www.uscis.gov/newsroom/alerts/fy-2023-h-1b-cap-season-updates. The agency notified all companies about whether a registration was selected.
How Does the USCIS Provide the H1B Lottery Results?
The employer or the attorney can log into the USCIS H1B registration online system. If an individual is chosen in the lottery, the person’s status changes from “Submitted” to “Selected.” The company can click a link next to their name to download their H1B registration confirmation notice. This notice must be submitted with their H1B petition. The company is now eligible to file an H-1B cap-subject petition for any of the individuals selected.
Can An Individual Check their H1B 2023 Lottery Status?
No, there is currently no way for an individual H1B applicant to check whether they were selected in the H1B cap lottery. Individuals must contact the employer who submitted their registration.
The employer or the attorney that submitted your H1B registration will have access to the lottery selection status on the USCIS website.
How Can I Check the H1B Lottery Results?
To check the H1B lottery results, you must login using the USCIS H1B registration lottery system at http://my.uscis.gov. Then select “View Notice” to view the H1B registration lottery selection results. You should print the H1B selection confirmation notice for each selected individual, or save it as a PDF.
The H1B registration selection notice will include the following:
Can I Transfer My H1B Registration Lottery to Another Employer?
No, your H1B registration cannot be transferred to another employer. If your employer files an H1B petition for you and you are selected, you may be able to file another H1B petition for a change of employer.
What Happens if I Am Selected in H1B Registration, but My Employer Does Not File an H1B Petition?
An employer has up to 90 days to file an H1B petition for a person selected in the H1B cap lottery. If the employer does not file a petition within that period, the selection expires.
What Happens to People Who Are Not Selected in the H1B Cap Lottery?
The results for the H1B cap lottery registration are completed at different times. If an individual did not show “Selected” by March 31, 2022, then it is unlikely that this person will be selected in this round.
The USCIS may have another selection round if not enough people submit H1B petition. Anyone registered in the previous rounds but not selected will be included in the pool.
Will the USCIS Will Have Another Round for the 2022-2023 H1B Cap Lottery?
Last year, the USCIS had three different H1B cap lottery rounds. This was highly unusual. There is a strong likelihood that there will be at least one more round of the H1B selection lottery. However, there is no guarantee. A second round would occur at least 90 days after the first round.
What Do I Do If I Am Selected in the 2022-2023 H1B Cap Lottery?
Selection in the H1B cap lottery is just the beginning! If you are selected, and need an attorney, the attorneys and staff at World One Law Group would be happy to assist you in preparing your H1B petition forms, answering your questions, and advising you on your immigration strategy throughout your stay in the United States.
What Can I Do if I Am Not Selected in the H1B Cap Lottery?
You should continue to maintain valid status in the United States if you are not selected in the lottery. This could mean continuing to work on your OPT, filing for a change of status to a visitor, or going back to study as a student. The USCIS may have another selection round in a few months if not enough H1B petitions are filed to complete the 65,000 regular cap cases plus 20,000 master’s cap cases allowed by Congress. You should talk to an immigration attorney to see what other options you may have to be employed in the United States.
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President Donald Trump issued a proclamation on June 22, 2020 that furthered the Administration’s ongoing efforts to prevent the entry to the United States of foreign workers and their families. Proclamation 10052 prohibits admission by foreign workers abroad who have H1B, H2B, L1, or some J1 visas and their dependents. This proclamation also extends previously imposed limitations (in Proclamation 10014) on issuing visas for permanent residency applicants through their American employers or family members.
Who Is Affected by this Proclamation?
This latest Proclamation is titled “Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak.” The first provision extends the previously announced “suspension” of permanent residency visas for foreign nationals outside the US on April 22 and who did not already have a valid travel document. This proclamation exempted lawful permanent residents, health care professionals or medical researchers working specifically on COVID19, EB5 investors, as well as spouses and minor children of US citizens.
The 60 day “suspension” for immigrant visas was extended at least through the end of 2020.
The June Presidential Proclamation also expanded the visa ban to prevent entry to the United States for certain temporary workers and their families. It specifically affects only those who were outside the United States on midnight on June 24, 2020. It also targets those individuals seeking entry on visas including H1B (high skilled workers), H2B (seasonal workers), H4 (dependents of H workers), L1 (multinational managers or specialized knowledge workers), as well as some J1 visa categories (interns, trainees, teachers, camp counselors, au pairs, or summer work travel).
This proclamation does not directly impact the work authorization of individuals in those work visas categories who are currently in the United States. People with H, L, or J status who were in the United States can continue to live and work in the United States. However, these individuals may now be unable to travel internationally without jeopardizing their employment or being separated from their families.
This ban on travel would prevent entry to the United States at least through December 31, 2020.
Who Is Specifically Exempted from the Travel Ban
Several key groups were exempted from this most recent restriction on entry. Spouses and minor children of US citizens and permanent resident “green card” holders can return to the United States after temporary travel abroad. President Trump also explicitly exempted temporary workers who are “essential to the United States food supply chain” or whose entry would be in the “national interest” as determined the Secretaries of State or Homeland Security. But these policies still put unnecessary obstacles in the way of these critical workers.
The policy announcement details some examples of people who may be considered to be in the “national interest.” Some of these exemptions are quite narrow. For example, the policy excluded certain medical workers but only health care professionals caring for a COVID-19 patient, and only if that patient is currently hospitalized. Medical researchers are able to enter the United States, but only if they are directly helping combat COVID-19. If a foreign-born doctor or medical researcher is fighting cancer, diabetes, heart disease, or any number of ailments, that individual is not able to return to their home in America.
Other exemptions are much more vague. The proclamation allows entry of individuals who are “critical to the defense, law enforcement, diplomacy, or national security of the United States.” But only the Secretary of State or Secretary of Homeland Security can determine who meets that standard. Foreign nationals who are “necessary to facilitate the immediate and continued economic recovery of the United States” are also able to get a visa. The proclamation fails to mention whether these critical workers would be able to bring their families to the United States.
The Proclamation provides no clear information about how to apply for these exceptions. There is no form to complete and US embassies are closed. This latest policy decision will only add to the existing confusion and delays.
Individuals with Valid Travel Documents May Return; Others Are Stuck
The proclamation allows entry for anyone who had a valid nonimmigrant visa stamp or travel document. If a foreign worker, or their spouse or child, is abroad on the date of the proclamation, they are able to return to the United States only if they already have an unexpired visa stamp in their passports. An amendment to this provision was issued on June 30th to correct an error that would have allowed people to travel on visitor visas. Foreign nationals who have applied for permanent residency and who have current travel authorization (called advance parole) can also return to the United States.
The burden of this proclamation will fall primarily on people who live and work in the United States but who were abroad when the announcement was made. Many have been stuck abroad for months because of the abrupt closure of US embassies and consulates. If their H, L, or J visa stamp are now expired, they are unable to return to their home in America at least through December of 2020.
The State Department has also published its “interpretation” that any person who travels overseas and needs a new H1B, H2B, L1, or J1 visa will not be issued one, even if that individual was in the United States on the date of the proclamation. This violates the plain language of the proclamation. This means that tens of thousands of workers in H, L, or J status will not be able to visit sick parents, go to family celebrations, or travel internationally for work without the possibility of being unable to return home.
Economic Impact of this Travel Ban
The unemployment rate in the United States has nearly quadrupled between February and May of 2020, mostly due to the public health crisis. However, this harsh new immigration policy will do little to improve the job prospects of American workers. In fact, this policy is likely to hurt our country’s short- and long-term economic prospects.
Immigrants contribute far more in taxes than they take in public benefits. Foreign workers contribute to American economic activity by paying rent, buying groceries, and purchasing supplies. Almost half of the Fortune 500 companies in the United States have one or more immigrant founders. Preventing needed workers from entering the United States only encourages international companies to outsource their work to other countries.
Anti-Immigrant Policies Designed to Frustrate Foreign Workers
As many courts have ruled in the last several years, President Trump does not have the power to impose his anti-immigrant policies unilaterally that violates existing US immigration laws. He must follow the strict dictates of the Administrative Procedures Act to change most regulations or force Congress to pass new immigration legislation.
No one should have to make the choice between their jobs and their families during these difficult times. This policy does not create jobs for Americans, it only generates more disruption and dislocation during a global pandemic and economic depression.
The Deferred Action for Childhood Arrivals, or DACA, program is an Obama-era program that provided protection against deportation for over 700,000 immigrants who were brought to the U.S. as children. To be eligible for the program, immigrant children had to be under the age of 16 and arrive in the U.S. prior to June 15, 2007. DACA recipients, often referred to as “Dreamers,” can receive work permits after undergoing security background checks and providing proof of completing high school or being currently enrolled in school. Advocates of the program coined the term “Dreamers” after the proposed bill entitled the DREAM Act (Development, Relief, and Education for Alien Minors) stalled in Congress before becoming law.
Trump Administration Moves to End DACA
The Trump administration took action to end the DACA program, concluding that it violated federal law. Federal courts in San Francisco, New York, and Washington, however, blocked the administration’s efforts to end DACA. In November 2018, a panel of the U.S. Court of Appeals for the Ninth Circuit upheld the federal district judge’s ruling. That ruling imposed a nationwide injunction that allows current DACA recipients to renew their work authorization but does not allow new applications.
DACA Expected to Remain in Place for Existing Participants at Least Through 2019
Despite the Trump Administration’s requests to the U.S. Supreme Court, the high Court did not address any aspect of the DACA program in January 2019. As a result, it is highly unlikely that the U.S. Supreme Court will take any action with respect to DACA before the end of its current term in June.
By default, the federal district court injunction will remain in effect for at least another ten months. The U.S. Supreme Court’s next term does not start until October 2019. Even if the court immediately considered the legality of the DACA program at the beginning of the term, it likely still would be a few months before the Supreme Court would issue a ruling. While there can be no new applicants accepted to the DACA program, renewal applications are still permissible – at least for now.
Due to this uncertainly, DACA recipients can do little more than continue along their current paths. We recommend that current DACA holders renew their DACA work authorization if it expires within the next six months. DACA recipients and immigration advocates also hope that a change in administration or passage of federal legislation eventually will protect the Dreamers.
Call Us at World One Law Group for the Help You Need
The attorneys and staff of World One Law Group pride themselves on dedicating their services to assisting individual immigrants, families, businesses, and employers with their immigration-law related matters. We have the knowledge and skills needed to navigate the ever-changing and increasingly complicated U.S. immigration system. Contact us by telephone at (425) 250-8110 or email at firstname.lastname@example.org for help with all your immigration law-related needs.
The First Day of H-1B Cap Lottery for 2020
April 1 2019, was the first day of the new H-1B cap season. Unfortunately, we expect that all H-1B visas for the entire year will be gone by April 5, 2019. Congress authorized only 65,000 H-1B visas for the entire country for the entire year. For those with a master's or higher degree from an American university, there are an additional 20,000 visas available. Read More
Today, April 1 2019, is the first day of the new H-1B cap season. Unfortunately, we expect that all H-1B visas for the entire year will be gone by April 5, 2019. Congress authorized only 65,000 H-1B visas for the entire country for the entire year. For those with a master's or higher degree from an American university, there are an additional 20,000 visas available.
Last year, applicants that filed within this narrow 5 day window had about a 40% chance of being selected for an H-1B visa. This year, we expect there to be about the same chance for a visa.
If you filed a petition for H-1B status in this year's cap lottery, we anticipate to get a notification from the US Citizenship and Immigration Services that your case was accepted or rejected by June or July. If you are accepted, the earliest you could start working on H-1B visa status is October 1, 2019.
There are several different ways that a U.S. citizen can get permanent resident status for a spouse who is not a US citizen. Determining the most effective method of achieving this goal depends on your personal situation, the current location of your fiancé(e), and his or her immigration status, criminal history, and other background issues that may arise. The following information summarizes the three different ways in which you can obtain permanent residency for your non-U.S. citizen spouse.
If your fiancé(e) is currently living in a foreign country and you wish to marry him or her in the U.S., you can file Form I-129F, Petition for Alien Fiancé(e). If the U.S. Citizenship and Immigration Services (USCIS) approves the petition, they will send it to the National Visa Center for processing, which then sends it on to the U.S. Embassy or consulate nearest to your fiancé(e)’s residence.
Once the embassy or consulate receives the approved petition, your fiancé(e) will be interviewed for the fiancé(e) visa (also known as a K-1 visa). This visa allows your fiancé(e) to enter the U.S. legally for 90 days, so your marriage must take place within that 90-day period. Following your marriage, your spouse can file a Form I-485, Application to Register Permanent Residence or to Adjust Status to be approved for permanent residency in the U.S.
This type of visa can take a long time to process and the government fees can be costly. There are also strict restrictions on your fiancé(e) after they enter the United States that could cause issues.
Adjusment of Status
If your fiancé(e) is lawfully present in the U.S. on another type of visa, such as a student or work visa, you can file Form I-130, Petition for Alien Relative once you are married. Since an immigrant visa is immediately available for spouses of U.S. citizens, he or she may qualify to file a Form I-485 for adjustment of status to permanent residency at the same time as the filing of the Form I-130. New rules may prevent couples from filing for permanent residency too soon after entry to the United States, depending on their visa status.
However, if your fiancé(e) entered the U.S. without a visa, he or she would likely not qualify to adjust status to permanent residency while present in the U.S. You can still get married, and you can file a Form I-130 for your spouse, but your spouse may have to return to his or her native country and pursue an immigrant visa through a U.S. embassy or consulate. The danger with this situation, however, is that if your fiancé(e) has been unlawfully present in the U.S. for 180 days or more, he or she is banned from returning to the U.S. for up to ten years. It may be possible to apply for a waiver of this 10 year bar, but these require a showing of “extreme hardship” to a US citizen or permanent resident parent or spouse.
You should talk to an experienced immigration attorney to see if your spouse qualifies for any exception to this dilemma. There may be ways to avoid or minimize the risk of spending time apart.
If you married overseas or plan to marry overseas and your spouse still lives abroad, he or she can apply for a green card at a U.S. embassy or consulate. This is generally referred to as consular processing. You initiate this process by filing the Form I-130 on behalf of your spouse. Once USCIS approves the petition, it will be sent to the National Visa Center who will request additional forms and documents. If you are a permanent resident, your spouse is an immediate relative and there is no wait for a visa. Permanent residents, however, may have to wait months or years for a visa for a spouse.
Next, your spouse will pay the immigrant visa processing fees, file the Form DS-260 Application for Immigrant Visa and Alien Registration, and submit all necessary supporting documents. You must also submit an Affidavit of Support for your spouse to show that you make more than the poverty level. Once all information is submitted, the National Visa Center will forward the case to the appropriate embassy or consulate abroad.
Your spouse then will go to the embassy or consulate for an interview. If all goes well, your spouse will receive an immigrant visa, and be able to enter the U.S. as a legal permanent resident. The permanent resident card, or “green card”, will be sent after entry to the United States. This process could cause you to live apart from your spouse for a year or more, if you are living in the United States.
If your spouse is a citizen of Libya, Iran, Somalia, Syria, Yemen, North Korea or Venezuela, the Trump travel ban can add additional hurdles to overcome with this type of process. An attorney can help you overcome these issues and make sure that this process is successful.
Call Us Today at World One Law Group for the Legal Assistance You Need
World One Law Group devotes its practice to changing the lives of immigrants every day. We are here to help individuals, families, and employers achieve their immigration goals as effectively and efficiently as possible. Allow us to evaluate your immigration law needs and determine the best course of action for your situation. Call us today at (425) 250-8110 or email us at email@example.com and learn about what we can do to help.
Karol Brown is the managing attorney at World One Law Group in Bellevue, Washington. World One specializes in employment and business immigration, family-based immigration, naturalization, as well as asylum, DACA, VAWA, and U-Visa cases.