When an individual files for an H1B visa petition, one of the key uncertainties is the outcome of the H1B lottery. The question of when the result will be announced is crucial for both the petitioner and the employer. This article will provide a detailed timeline for the H1B lottery results and address common questions regarding the process.
Understanding the H1B Lottery Process
The H1B lottery is a random selection process conducted by the United States Citizenship and Immigration Services (USCIS) to select qualified candidates from among those who have filed H1B petitions during a given year. Typically, the lottery is conducted in April, just a few days after the filing period ends.
Timeline for H1B Lottery Results
The timeline for H1B lottery results varies each year, but the general guidelines remain consistent. Here is a typical timeline based on previous years:
Step 1: Filing Period and Fees
The first step in the process is to file the H1B petition with the USCIS. During the filing period, employers must pay the required filing fees for USCIS processing. You typically cannot check the status of the fees deduction because it is managed by the employer, who will submit the payment to USCIS.
For the 2017 H1B lottery, for instance, petitions were filed starting from April 1, 2016. USCIS conducts the lottery within the first week of April. In the case of H1B 2017, the lottery was completed on April 9, 2016, with 20,000 spots for advanced degree holders and 65,000 for the general category.
Step 2: Results and Premium Processing
After the lottery, if your application is selected, you will need to wait for the results. Premium processing, which accelerates the decision-making process to within 15 calendar days, may begin no later than May 16, 2016, for the 2017 H1B lottery.
If your application is under premium processing, you can expect a result accordingly. For non-premium processing, results will be released starting around May 16th and continuing until July mid. This timeline can vary based on the processing speed of USCIS, which can be influenced by the workload and the size of the company.
Step 3: Processing and Status Updates
The processing time for H1B petitions can vary greatly. It can take anywhere from 60 days up to a year. The longer duration is often due to the size of the company and the perceived complexity of the case. USCIS will notify the applicant of the decision once the petition is processed.
For the 2015 H1B lottery, USCIS began sending receipts for premium cases in the second week of April. Standard processing results were declared in the third week of April. The author received their results on May 6th, but the process was ongoing and continued through April 14th.
It is advised to wait for approximately 2 months after the filing date to receive the results, although it may take longer. If your application is unsuccessful, you may receive an unencashed check or similar notification.
What to Do While Your H1B is Under Processing
It is not advisable to travel outside the United States while your H1B is under processing, as the system can be unpredictable. In addition, changing employers is not ethical immediately after an H1B approval. If you change organizations, a new H1B case must be filed, which is treated as a new application with some exceptions like CAP (Career Alliance Programs) and the lottery.
USCIS has the right to reject your application, so it is important to ensure all documents are accurate and complete. If your petition is approved, it is crucial to maintain compliance with the terms and conditions of the H1B visa.
Conclusion
Understanding the H1B lottery process and the timeline for results is essential for both the petitioner and the employer. While there is variability in processing times, the general timeline provides a helpful guide for what to expect. Always ensure that applications are submitted correctly and in a timely manner.