Every year, non-US foreign nationals applying for H1B visa try their luck through H1B visa lottery. With the H1B visa cap limiting the number of visas that must be made available each year and on an annual basis, there tend to be more applicants than the number of available visas. For instance, the regular cap for 2019 has been put at 65,000 with 20,000 meant for those with a master’s degree. While the application is usually opened at the beginning of April, it can get oversubscribed just within days.
With such a high level of uncertainty for employers and applicants, it’s important that the visa application process is followed keenly and all the important documents and information submitted so that no mistake is made. But what is H1B visa? Well, the H1B visa refers to the temporary non immigrant visa that allows the US organizations and businesses to employ specialists of graduate level nationals in certain occupations.
Eligibility requirements
• The eligibility requirements depend on the applicants having an employment offer from one of the US employers and the fulfillment of the following requirements.
• The applicants must have a bachelor’s degree or a specialist degree from an accredited learning institution.
• An equivalent foreign degree that’s related to the field he intends to work in.
• Certification or unrestricted license that allows one to be employed in the specialty where the job is based.
• Training, education, and experience in the specialty that’s equivalent to a degree and having enough level of expertise.
Top rejection reasons
Insufficient submissions
This is one of the reasons why the applications petitions may be denied. To avoid this, the employer needs to provide the company financial statements, tax documentation, property lease information, and enough specialist occupation work.
Employee not having specialized knowledge
The main requirement for H1B approval is providing enough proof that the position is a specialty occupation that requires specialized knowledge or bachelor’s degree. The applicant should provide evidence that he is specialized. He must also prove that the knowledge is directly related to the position that he is paying for.
Insufficient proof of employee/employer relationship
The H1B employer is also required to set aside work site where the H1B applicant will work. If the applicant will be working in an offsite location, then the employer should show that the employee will be controlled and managed by the company hence the subcontracting company will not have any authority of the H1B employee.
Lack of enough fee filed
Although this may appear self-explanatory, the recent changes in the fees can easily may your H1B application denied. To prevent this, you need to keep yourself up to date with the regulations and the laws required.
Past violations of immigration laws
Although your original immigration might have been approved, any violations on the laws on the part of your employer or you can make any extensions or transfers be denied. This can be because you are out of status, you are not qualified for the H1B status, you have committed any crime, or your potential employer has taken advantage of the law or the immigration system.
The employer cannot be able to pay the prevailing wage
According to the department of labor, the average wage to be paid should be the same as the wage paid to other workers working in the specific area where you intend to join. If your employer is unwilling or is unable to pay this wage, then this might get you H1B application denied. Your wages must not be different from the wages and conditions of other employees in the area.
Improper delivery
The other mistake that the applicant might make is sending the payments and application to the wrong address or service center. To be sure you need to check the entire signature and the dates to ensure that you are sending the documents to the right centers. You also need to avoid delivering the documents through an unofficial method or by hand.
How to improve the chances of selection?
• You need to ensure that all the requested documents and information are provided and all the forms are filled well.
• Avoid sending the H1B before the opening date
• Do not send the application immediately the window opens.
• Make sure you have the required specialist experience or degree that meets the job’s requirements.
• Ensure that the job fits in the H1B visa.
• Avoid sending multiple applications to one employer or for one position. If the employer makes duplicated or multiple H1B petitions for one employee, then they will be denied without given a refund.
• Do not make an application for an opportunity that will start six months after the date of the visa.
What to do with LCA certification if unsuccessful with the 2016 h1b lottery?
Although your transfer petition is handled by the USCIS, the approval of the Labor Certification Application (LCA) is carried out by the ministry of labor. Due to this, one entry may go through while the one fails to go through. If you realize that your H1B lottery is unsuccessful even after getting an LCA certification, then this may have been brought about by the way you’ve maintained your status previously. This may include violations of civil and immigration laws by either you or your employer during your H1B transfer petition. But what should you do with your LCA certification in case such a thing happens?
What you need to do?
If your petition for H1B is unsuccessful, there are several steps that you can take depending on the reason for the denial. Some of the steps include
• Your employer can file for you a different petition. To find supporting evidence that can help subvert the previous denial, it’s advisable to seek the advice of a qualified immigration attorney.
• If your H1B transfer was denied because of a payment problem or bad documentation, you might seek approval after refilling provided that the mistake has been fixed.
• If your employer does not file another petition, you may consider looking for an employer who will file on your behalf.
Unfortunately, your denial later may contain a statement that makes the process of appealing for your H1B lottery transfer denial impossible. Thankfully, you may still file a legal motion so that your case can be considered or reopened.
Motion to reconsider
You may only use this motion in case you believe that the evaluating officer did not make the right decision while denying your H1B lottery transfer.
Motion to reopen
This may only be used when there is new evidence, and you believe that if the case is reopened with the evidence, a different decision will be made.
Furthermore, you may also take advantage of alternative visas such as L 1 visa or the 01 visas which are meant for those with extraordinary abilities.
Conclusion
H1B lottery category refers to a special category that’s designed for those who perform services in a specialist occupation or an occupation that requires a person to have at least a bachelor’s degree. Since the job title does not determine whether a position qualifies as a specialty, it’s the USCIS that will look at the specific duties. However, there are instances when your H1B lottery petition can be unsuccessful even after getting LCA certification. The good thing is that there are some steps that you can take to ensure that the decision is changed.
