H-1B Cap Planning: Essential Steps for Employers and Foreign Nationals

The H-1B visa is a top visa choice for professionals seeking employment in the United States and their employers. However, successfully navigating the H-1B cap process requires careful planning by both employers and foreign nationals. Here are some tips to consider as you navigate the H-1B cap registration process, the lottery, and beyond, to improve your chances of success in this high-demand program.

What is the H-1B Visa and Cap?

The H-1B visa is a nonimmigrant visa that allows U.S. employers to hire foreign workers in specialty occupations that typically require a minimum of a bachelor’s degree in a relevant field. Due to high demand, the H-1B program is subject to an annual cap, limiting the number of available visas. Each year, 65,000 new H-1B visas are issued, with an additional 20,000 reserved for individuals holding U.S. master’s degrees or higher.

Since the number of H-1B petitions far exceeds the cap, a lottery system is used to randomly select applicants, making early preparation crucial for employers and employees alike.

Why Early Planning is Crucial for the H-1B Cap

The H-1B registration period opens in March, but starting your now can reduce stress and and streamline the process. Early planning allows for better coordination between employers and employees, helps avoid last-minute hurdles, and enables thorough budgeting for legal and filing fees.

Key Steps for Employers

Employers who plan to register foreign national employees (or prospective employees) in the H-1B lottery should consider the following steps:

  • Assess Your Workforce: Identify employees who may require H-1B sponsorship, including those on Optional Practical Training (OPT), Curricular Practical Training (CPT), or other temporary visas.
  • Create an Immigration Sponsorship Policy: Develop a clear policy outlining how your company will handle immigration sponsorships. This should include:

    • Budgeting: Take into account the costs of H-1B sponsorship, which now include a $215 registration fee (up from $10).
    • Eligibility: Confirm that the positions you’re sponsoring meet H-1B eligibility requirements, including being a position that requires a minimum of a bachelor's degree in a specific field of study.
    • Employee Communication: Begin conversations with foreign national employees about their interest in H-1B sponsorship to gauge interest and plan accordingly.

Important Considerations for Employees

If you’re a foreign national currently working under OPT or another temporary work authorization, consider approaching your employer about the possibility of H-1B sponsorship now. This early communication allows everyone involved to plan ahead and have a clear plan.

For those on OPT, consider entering the H-1B lottery during the first 12 months of your authorized work period, even if you're eligible for a STEM OPT extension. That way if you are not selected the first year, you have two additional years to be registered in the lottery, increases your odds of success.

H-1B Petition Timeline

The H-1B cap registration, lottery, and petition process follows a strict timeline:

  • January: Begin registration preparation.
  • March: Registration period opens.
  • End of March: Lottery selection is conducted.
  • April to June: Employers file H-1B petitions for selected applicants.
  • October 1: H-1B status becomes effective, pending approval.

Conclusion

With the next H-1B cap registration period quickly approaching, both employers and foreign nationals should prioritize early planning. Employers need to develop comprehensive sponsorship policies, while employees should actively prepare for the H-1B petition process. Strategic planning is the key to navigating the complexities of the H-1B visa process and increasing your chances of securing a visa under the H-1B cap.

If you are not yet a Sumner Immigration Law client and you’re looking for an experienced, empathetic, and efficient team to help you navigate the process with confidence, please contact us today and set up your initial consultation to get the process started! You can set an appointment online. You can also call us at 804-396-3412 or send us an email at info@sumnerimmigration.com. We are immigration lawyers in Richmond, VA but we serve clients throughout the U.S. and around the world. For more information on our firm visit Who We Are and What Makes Us Different! We look forward to hearing from you!