Sun. May 19th, 2024

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Time for Employers to Decide Who They Are Sponsoring for H-1B’s – Update

2 min read
Business Visa

Regarding those in F-1 (foreign student) OPT (optional practical training) status, as long as they were chosen in the lottery and their full H-1B application was filed prior to their OPT expiration date, their OPT work authorization will be automatically reached out through September 30th (unless their H-1B is rejected, denied, revoked, or withdrawn prior to that date). To guarantee that this OPT extension is activated in a timely manner, those in F-1 OPT status. Might need to file their full H-1B’s as soon as they are notified that they were picked in the lottery. Rather than utilizing a lot of their 90-day filing window.

Generally, those with expired OPT’s will not have international travel authorization. What’s more, anybody filing for an adjustment (or change) of status from one visa category. To an H-1B can not travel globally while the H-1B application is pending. In any case, although the H-1B status might still be approved, the employee will have to leave the US. Acquire an H-1B visa at a US Consulate abroad. And then reenter the US to activate the H-1B’s, instead of just automatically changing status on October 1.

Time for Employers to Decide Who They Are Sponsoring for H-1B’s

Foreign nationals should have their qualifying degree by the time they file the full application. A foreign national who is close to graduating with their Bachelor’s degree can be registered by the employer for the lottery. And then, if chosen in the lottery, take the full 90-day period to file the full H-1B application to allow time for the degree to be awarded.

Employers should decide who they might want to submit to the lottery now given the impending March registration timetable. The lottery is just for somebody’s initial H-1B’s, not H-1B extensions or transfers. So, typically, they are (1) F-1 (foreign students) who recently graduated and are working with Optional Practical Training (OPT) work authorization, (2) those working with H-4 or L-2 Employment Authorization Documents (EAD’s) who need their own independent work visa through their employer. Instead of relying on their spouse’s status & expiration dates, and (3) TN’s who are thinking about starting the green card process (because you generally can’t file for a green card while in TN status).

[OIG Report Criticizes USCIS Mismanagement of the U Visa Program]

Although those are the most typical categories, different employees are also commonly registered in the lottery. For example, those in professional-level jobs with Asylum, Temporary Protected Status (TPS), or DACA Ead’s. F-1 students finishing an advanced degree who have Curricular Practical Training (CPT) work authorization. J-1 exchanges visitors and scholars, and those living abroad with no current US immigration status.

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