How to Prepare for H-1B Fiscal Year (FY) 2023
Jioselin Juarez • January 13, 2022
Click here to read this article in Portuguese
Since March 2020, a foreign individual interested in applying for an H-1B visa must have a sponsoring U.S. company, also known as a Petitioner, submit an H-1B registration in early to mid-March, along with a $10 processing fee. Then around the first week of April, the Petitioner receives an H-1B selection notification, which allows the Petitioner to file an H-1B petition. Once the Petitioner receives the H-1B selection notification, they will have 90 days to file the H-1B petition to the United States Citizenship and Immigration Services (USCIS).
The Petitioner and foreign individual being prepared for the H-1B process is of the upmost importance, given the limited allocated H-1B visas (a total of 85,000 visas each fiscal year). Therefore, the Petitioner and the foreign individual, should consider the following ahead of H-1B FY 2023:
1. Gather Pertinent U.S. Company Information
a. Company formation documents
b. FEIN number
c. 2020 company tax return
d. Signatory for the U.S. company
(e.g., who will sign all documents submitted to USCIS)
2. Gather all Personal and Educational Information of the Foreign Individual
a. Copy of current passport
b. Any current immigration documents (e.g., I-20, copy of any visas, etc.)
c. All degrees and transcripts (obtained abroad and in the U.S.)
3. Prepare the Job Title and Job Duties that Petitioner Anticipates the Foreign Individual Performing
4. The Petitioner’s USCIS H-1B Registrant Account
a. If the Petitioner does not have an H-1B registrant account, then the
Petitioner must create an account before the first day of H-1B registration
(around late February to early March)
5. Prepare for H-1B Selection
a. A Labor Condition Application (LCA) is a requirement for an H-1B petition.
The LCA requires the company information, job title, job duties, and place of
employment related to the foreign individual.
* If the Petitioner has not filed an H-1B petition before then the
Petitioner will need to verify FEIN number with Department of Labor
(DOL) before filing the LCA
6. Education Evaluation (if foreign individual has a foreign degree)
7. Experience Letters related to foreign individual’s previous employments (if applicable)
8. H-1B Application Fees (vary based on U.S. company size)
Please schedule a consultation with one of our immigration attorneys to discuss the H-1B requirements and process ahead of H-1B FY 2023, which starts March 2022.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
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