H1B Rejection

What Are the Chances of H1B Rejection After Lottery Selection?

We have last year's H-1B lottery outcomes and your chances for 2022-2023. Besides the 20,000 advanced degree waiver applications, 65,000 regular applications will be picked. With your H-1B lottery odds, we will update as soon as registration concludes to reduce the likelihood of H-1b rejection. The H1B visa lottery registration period was March 1-18, 2022. Petitioners and attorneys receive emails from USCIS to check their accounts for selection notifications. Feel free to reach out to Techfetch H1B to get the best chance of winning the lottery. Read on below to understand common H1B rejection reasons.

H1B 2022 Lottery Chances- An Overview

The probability of H-1B is impossible to calculate with a random selection. In order to assess lottery odds, the number of petitions that are submitted will be required. It is possible only to guess based on data from previous years. Some years have had more applications. Lottery applications for the fiscal year 2021 totalled 274,237. Since there are 65,000 visas available, your chances are 23%. By subtracting 6,800 applications from Singapore and Chile, you can calculate the odds.

In the fiscal year 2020, significantly fewer H1B applications were filed, which increased the selection chance. In case you pass the exemption process, you will participate in both lottery pools. Your lottery odds are based on the number of applications submitted and whether you meet the master's or normal limit.

Ways to Win H1B Lottery

It is possible to increase your H-1B lottery chances. A mastery cap waiver is the best approach to increase your chances. You have a better winning possibility if you are a part of the master's cap exemption group. After you hit the cap, you won't get the visa for 2022–2023. Quickly submitting the H-1B application and documents may also help. Procrastinate, and you won't stand a chance.

Ways to Avoid Reducing the Chances of H1B

If your business files multiple H-1B applications, your chances quickly dwindle. USCIS rejects all petitions. Similarly, if a business files two H-1B applications for you, it loses. Also, don't have multiple employers bid on the same project. Multiple offers of employment from authorized companies are allowed.

Ways to Maximize Winning Potential in the H1B Lottery

Consider the option of cap-exempt visas to maximize your chances of getting selected. If you want to be exempted from the cap, you must either work for an employer exempt from the cap or have already been counted. Certain occupations with qualifying businesses are exempt from the annual H-1B fee, even if the applicant has never been counted.

An exempt capital employer is usually:

  • An institution of higher education.

  • An organization linked to an institution of higher education.

  • A government research agency, or

  • For-profit corporation seeking to hire someone to provide skilled occupation services to any organizations mentioned above.

It is important to remember that the lottery is random. USCIS randomly selects H-1B applicants who have successfully registered. USCIS randomly processes 85,000 records due to high demand. As H-1B has lower qualification requirements than other non-immigrant visas, the demand is considerable.

The visa requirements include:

  • A job from any US firm for a specialized bachelor's level position, and

  • A bachelor's degree.

The prospective employer must complete the LCA, and your company must complete four certifications from the Department of Labour. Factors considered in the LCA are listed below:

  • Your work must not hurt other workers' work or wages.

  • Current workers must be informed of an H1B hiring.

  • The minimum wage is the prevailing wage. Position and geography will determine the salary.

  • No lockouts or strikes will be entertained by the H1B workers in the workplace.

another important point to remember is that premium processing will not increase the chances of H-1B. It is a non-mandatory USCIS service for I-129 petitions. With this feature, USCIS will forward the petition in fifteen days instead of the normal six months for an added fee of $2,500.

A Brief on What Happens After the H1B Lottery

USCIS issues a Notice of Action for future appointment information. Due to higher filing numbers during filing periods, a properly filed petition may face a delay in the issuance of the I-797 Form. If a petitioner receives service confirmation but not Form I-797, they should wait for further procedures and not file another petition.

In case you have waited for more than 30 days after confirmation, the petitioner can seek USCIS for assistance. However, once you win the H-1B lottery, your sponsor must file Form I-129 within ninety days. The Department of Labour must approve the Labour Status Application. The H-1B packet includes beneficiary information and you will get a receipt each time USCIS accepts your application.

Premium processing costs are $2500. It guarantees 15-day USCIS processing. After sending receipt notices, USCIS adjudicates the applications and delivers revised statements and evidence requests, if applicable. USCIS will seek additional documents regarding the beneficiary's credentials and the employer-employee connection. The optimal case statuses are "Received" and "Approved." If you do not choose premium processing, it may take up to six months to process.

USCIS Portal Status

All registrations will say "submitted" after March 18,2022. As decisions are made about petitions, status updates like "elected", "denied" or "submitted" will appear. If USCIS has to increase records for any limits, it will choose more from the "submitted" pool. After October 1,2022, "submitted" registrations will become "unelected".

Summing It Up

Unless it is a duplicate filing, USCIS will refund your petition and filing fee if you don't get selected in the lottery. Your "wait listed" petition may replace one that was first selected but may get declared ineligible or denied later. USCIS selects more applications than the limit allows in case some are withdrawn or denied. Reach out to Techfetch H1B if you have any doubts regarding H1B rejection reasons and get them clarified before applying for your visa.