USCIS completed the randomized H-1B cap-subject lottery, selecting enough registrations to meet the 65,000 regular cap and the 20,000 advanced degree cap. 

Selection status can be accessed through the registrant’s myUSCIS account.  If selected, it will say “selected.” If the petition has been accepted but not selected in the lottery, it will say “submitted.”  Registrations submitted but not selected will get a second shot in July because not all of those selected will file completed petitions, and some petitions will be denied.  If the status says “denied” it means that multiple petitions were filed for the same beneficiary rendering them all invalid, and if the status says “Invalidated-Failed Payment” it means the $10 fee could not be processed.

If your registration was selected, that means you have 90 days from the date of selection to file the completed H-1B petition.  We recommend filing the complete petition as soon as possible to prevent delaying the employee start date.  Every year we see a high level of RFEs in response to H-1B petition, up to three rounds before visa approval delaying start dates and company workflow.  You can prevent this by filing early and strengthening your case with additional evidence and documentation in the initial petition.

Do you, or does your employee or client have education from outside of the United States, incomplete college, a three-year bachelor’s degree, a degree in a mismatched field, a generalized degree, no college, or education from an unaccredited university?  Do not file without a detailed credential evaluation that takes professional training, course content, and work experience into account to fill in any gaps between the education they have and the education USCIS requires for visa approval.

Do you, or does your employee or client work in a position that does not ALWAYS require attainment of a bachelor’s degree or higher according to the US Department of Labor Occupational Outlook Handbook?  You will need to provide additional documentation as to why this position is uniquely specialized and an expert opinion letter.  This evidence and documentation should also address any anticipated wage level issues, particularly if the H-1B employee will be making level one wages.  This can raise red flags that the position is entry level, which makes the position additionally vulnerable to specialty occupation issues during adjudication.

Do you, or does your employee or client work as a consultant or perform work at a third-party worksite?  You will have to provide an itinerary of the work the H-1B employee will perform for the duration of the three-year H-1B visa period along with customer or client contact information.  You will also need to clearly show how the employer will be able to control the work of the H-1B employee even at third-party worksites.

At CCI TheDegreePeople.com we work with difficult cases and RFEs every year.  We understand what triggers adjudication issues, we keep an eye on USCIS approval trends, and we know how to prevent RFEs and Denials.  We work with skilled credential evaluators and experts in all H-1B fields.  Let us review your case for free before you file to identify any areas of weakness and offer our recommendations.

For a free review of your case visit www.ccifree.com.  We will respond in 4 hours or less.

Sheila Danzig

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