This article discusses several aspects of the H-1B visa process for startups and businesses. The key points include:
-
H-1B Lottery: The article mentions that the USCIS has announced the fiscal year 2025 cap for the H-1B lottery, which will be conducted electronically. Employers can submit their registrations from March 2 to March 3, and selected registrants will have until September 30 to file a complete petition.
-
H-1B Petition Process: The article highlights that if an employer’s candidate is selected in the lottery, they need to file a strong H-1B petition. This process begins with submitting the Labor Condition Application (LCA) and requires employers to pay the H-1B beneficiary at least the prevailing wage based on the position and work location.
-
Form I-129: The article mentions that employers must fill out the latest version of Form I-129, which includes evidence and supporting documents. Employers should ensure that the information contained in the LCA matches Form I-129 and everything is signed.
-
Cap-Gap Extension: Although the article does not provide a clear update on the cap-gap extension, it mentions that another H-1B regulation might be forthcoming.
-
Crafting a Strong H-1B Petition: The article provides tips for submitting a strong H-1B petition, including demonstrating the need for a bachelor’s degree in the specialty occupation and showing that the F-1 student has maintained their immigration status while in the U.S.
To address your request, I will summarize the key points in a neutral tone without any recommendations:
The H-1B visa process involves several steps, including the lottery, petitioning, and submitting Form I-129. Employers must pay the prevailing wage to the H-1B beneficiary and ensure that the employment conditions do not negatively affect American workers. The cap-gap extension is still pending, but another regulation might be forthcoming. To craft a strong H-1B petition, employers should demonstrate the need for a bachelor’s degree in the specialty occupation and show that the F-1 student has maintained their immigration status while in the U.S.
If you have any further questions or would like me to elaborate on these points, please feel free to ask!
