H1B second lottery in 2023

H1B Second Lottery 2023 News alert: No Lottery(USCIS Official)

For the 2023 season, USCIS allowed 484,000 people to register. Unfortunately, of all these applications, only 127,600 belonging to the first round were accepted. Because of this, rumors have been being heard regarding an H1B second lottery in 2023, just like in the year 2022. Unfortunately for many, the USCIS issued a statement saying that this second lottery will not take place.

1. What is the H1B visa program?

This is an H1B visa program. Which allows companies and other employers that are in the United States to temporarily employ foreign workers. Workers will be in specialized occupations that require theoretical and practical application. For this, they will need a series of very specialized knowledge and a university degree or the equivalent in a specialty.

The specialized occupations included in the H1B visa program are very varied and include different areas. Among them, you find the fields of architecture, engineering, mathematics, physical sciences, and social sciences. In addition, you can also find fields such as medicine and health, education, law, theology, accounting, and arts.

1.1 Registration rule for H1B

Consideration should be given to the DHS H1B registration final rule. This specifies that employers, to make an H1B petition before the USCIS, must first follow a step. First, you must submit all the basic information of the H1B applicant online. For this, you must use the H1B registration tool that USCIS designed.

After completing this, the USCIS would use the information that was submitted online to be able to do the H1B lottery as needed. Once the process is finished, the USCIS will inform the employers of the applicants who were selected in the H1B lottery. This information will reach employers through online notifications.

The employer can only present the H1B petition for those who were selected in the lottery that was carried out during the registration process. Employers of successful applicants will need to submit the completed H1B petition package with H1B LCA. In addition, the filing fee and all supporting documentation, attaching to this a copy of the H1B registration selection notice.

2. How is the registration process for this visa program?

The first thing you should know is that this entire process is done online. Both the first and the H1B 2n lottery must be done by the employer of the company. In this section, you will see all the steps that must be followed to start the process.

2.1 Registration of applicants to obtain the H1B

All business owners who are interested in sponsoring people through the H1B hire must go through a registration process. This is done electronically. You must enter all the data requested by the USCIS on its website. In addition, a fee must be paid for each record that is entered, which is $10. It is important to keep in mind that only one registration can be sent for each applicant; duplicates are not accepted.

During registration, some information will be requested from the company that is making the request. These data are

  • Company name.
  • Do business in detail.
  • The identification number of the employer or sponsor (SSN or ITIN).
  • Main address of the company where the activities are carried out in the USA.

In addition, the applicant’s data will be requested. The information that they have to supply is the following.

  • H1B lottery applicant’s full name and gender.
  • Choose the type of applicant (general quota or master).
  • Date and place of birth.
  • Country of origin.
  • Passport number.

2.2 Review and submit all H1B registrations

Once you have selected the people you want to register for the program; you must wait for the date indicated to start the process. After registration, employers have 14 days to review all records. In these 14 days, the sponsors have the power to edit, delete and modify the details of all the candidates.

2.3 H1B lottery

After the registration and review time has passed, the moment of the lottery begins. The USCIS enters all the applicants’ data into a computer app, to make the random selection. It is important to clarify that first the draw for the regular quotas is done and once this is finished, the lottery for the master quotas begins. Generally, before starting the draws, the USCIS separates both applicants.

2.4 Notify the lucky winners of the H1B lottery

USCIS is in charge of electronically notifying all details of successful applicants to employers. Once this news arrives, sponsors must submit H1B petitions within 3 months. For those people who were not selected, that information is kept for when the H1B lottery second round begins, in case it is necessary to carry it out.

2.5 Submit complete H1B petitions

After employers know which applications are approved, they must submit the H1B petitions to USCIS. For this, the traditional procedure is used as before using the LCA and making the payment of fees. In addition, they must provide all the information that corroborates the H1B job offer of the selected applicant.

2.6 Adjudication and Processing by USCIS

After having all the information and having made the payment of the corresponding fees of the applicants, it must be sent to the USCIS. This entity will be in charge of adjudicating the requests following the traditional process. Once everything is finalized, the sponsors will be informed that everything is in order.

3. What does the USCIS statement say regarding the H1B second lottery 2023?

Recently, a statement was issued by the USCIS, giving the H1B lottery news related to the long-awaited H1B 2nd lottery 2023. Currently, many rumors have been heard about this matter. The reason is that last year the H1B second lottery 2022 was held. Below, everything that was said in the statement will be seen in detail.

3.1 Limit of H1B FY 2023 Reached

The first thing that USCIS said in the statement was that the number of H1B applications received was sufficient; exceeding the limit of what is allowed, that is, 85,000 petitions for the 2023 fiscal season. As you know, a total of 127,600 H1B registrations were approved this year, which far exceeds the previously established limit of 85,000.

With this in mind, the second round lottery H1B 2023 will not take place, nor will there be a third round; just like they did last year, with the USCIS H1B 2022 second lottery. Because already in advance, many more applications were accepted than planned. If you wish, you can review the H1B lottery results for 2023.

3.2 How many applications should the USCIS have received?

Generally, first, the number of applications that are sent to the USCIS is studied, and based on this, it is reviewed, how many can be approved. Previously, around 12% to 15% of all requests were received. The rest of the applications can be submitted to the second lottery H1B 2023. That is, only between 95,200 and 97,750 had to have been accepted.

3.3 Sending notifications informing the applicants “not selected”

The USCIS ruled saying that they have already sent in their entirety the “not selected” notifications to those applicants who were left under that condition. These people, after the results of the first round, came out, were placed on the waiting list for the H1B 2023 second round. Given everything that happened, their status was changed and they were assigned “not selected”.

After performing the status update, employers could see the status set to “not selected”. This applies to those applicants who unfortunately did not have luck with the first round of the lottery. With this, the doubt that many had about whether it will be a second lottery for H1B 2023 is already answered.

H1B second lottery in 2023

3.4 Acceptance of limit-free H1B petitions

Another important thing that was revealed is that the USCIS continues to receive H1B limit waiver requests. Next, you will see what are the types of requests that you are allowed to choose since you cannot apply for the H1B second lottery 2023.

  • H1B transfers to change employer or sponsor. That is, the employee looks for another boss who can resubmit the request.
  • H1B extensions to extend to 3+ years or as mandated by the GC.
  • Get another H1B concurrent job.
  • H1B amendments for changes to the terms of the employment in question. That is, change the job position that was first offered.

It is important that even though it is not explicitly stated; H1B petitions exempt from the limit presented in some particular cases are received. For instance, non-profit research institutions or educational entities. That is, these foundations can submit applications regardless of whether the limit has been exceeded.

4. Steps to take for unsuccessful applicants

The reality is sad for those applicants who were not selected in the first round of the H1B FY 2023 lottery. This indicates that they will have to resort to alternative plans. However, hopes of a second-round lottery H1B 2023 are gone because there will be no more selections.

If you are one of the people who expected an H1B second lottery in 2023 it is important to know the different options that you can follow. Below you can see alternatives if you have not been selected and cannot wait for a second round of the lottery:

  • If you are a student in OPT and have the option to obtain STEM OPT, you will be able to try for the next H1B FY 2024 season. It should be noted that this season starts in February-March 2023.
  • When your OPT ends as a student, you must leave the country on time. However, you can consider other options to be able to remain in the country. One of these could be to get a job in a non-profit institution that is exempt from the capital.
  • If you are working for a company outside of the United States, you may try your luck next year. It is important to note that you may try your luck in the following year’s H1B lottery related to the H1B FY 2024 season.

H1B second lottery in 2023

5. Connect Freelance offers you Freelance Visa in UAE

Above, what we witness, unfortunately, there will be no H1B second lottery in 2023, thus complicating the immigration process to the United States. However, there are other countries that also provide opportunities to many talented individuals. In this case, a Freelance Visa in UAE to embrace life in Dubai, UAE is an affirmative choice, To go through this whole process, you can browse Connect Freelance.

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