Ask Sophie: what to do if selected/not selected in the H-1B lottery?

Here is another edit from “Ask Sophie,” the advice column that answers immigration-related questions about working at tech companies.

“Your questions are essential to spreading the knowledge that empowers people around the world to rise beyond borders and pursue their dreams,” says Silicon Valley immigration attorney Sophie Alcorn. “Whether you’re in people operations, a founder, or looking for a job in Silicon Valley, I’d love to answer your questions in my next column.”

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Dear Sophia,

After three tries, I was finally selected for this year’s H-1B lottery! What do we do next?

— I wonder the winner

Dear Sophia,

I am on STEM OPT. My employer entered me for the third time in this year’s H-1B lottery, but I was not selected again! What do I do?

— Lottery loser

Dear Wondering and Lottery,

Thank you both for contacting me! Since your questions are on the minds of thousands of others who are in the same situation, I wanted to answer them together. My colleague Nadia Zaidi and I offer some advice on both of these issues in this podcast.

Yesterday, United States Citizenship and Immigration Services (USCIS) announced that it had received enough electronic lottery entries to reach the maximum total number of H-1Bs that can be awarded in the new fiscal year. . All employers have been notified if their applicants have been selected and the attorney and employer can download the PDF confirmation through the USCIS portal.

Selection notices started pouring in over the weekend, including Saturday and Sunday, well before the end of the month. We don’t yet know how many H-1Bs were submitted to this year’s lottery, but based on selection percentages, many experts believe there could have been even more than the record 483,927 of last year for the 85,000 places available. , as the selection rates for the master’s cap and the regular cap both appear to have declined for many colleagues in the field.

Let me dive into Wondering First’s question in a bit more detail and outline what employers and beneficiaries need to do now for selectees. Keep in mind – this is just a stepping stone to having an H-1B, and being selected means you have the chance to applyyou should therefore continue to pay close attention to this process.

What should I do now that my H-1B registration has been selected?

First of all, congratulations to you and your employer! This is an important step for both of you. If you were an international student in the United States, this amazing step might make it a little easier for you, especially if you have participated in the lottery for several consecutive years.

You and your employer should familiarize yourself with the process and the upcoming deadlines. Your employer will have at least 90 days, likely until June 30, 2023, to submit an H-1B petition on your behalf to USCIS. This requires that you first obtain approval from the U.S. Department of Labor (DOL) of a Labor Conditions Agreement (LCA) to be included in the H-1B application. For the ACL, your employer undertakes to pay you the salary in force according to your position and your geographical location in order to ensure fair compensation. Your employer also certifies that your employment will not negatively impact the wages and working conditions of American workers.

You will need to confirm key details, and I always recommend that all employers work with experienced immigration attorneys to file their H-1Bs – they are very important and getting the details right is important. Some of the factors to pay attention to include where you are in the world and your international travel plans, how long you maintain your status if you are in the United States, whether you are applying for a status change or consular treatment, and if you plan to work from home or have several sites.

The earliest you can start working on an approved H-1B is October 1, 2023, the start of the federal government’s fiscal year. If you are an F-1 student in Optional Practical Training (OPT) or STEM OPT, which is the two-year extension of OPT for STEM graduates, and your final year of eligible work authorization is due to complete before October 1, you’ll be fine!