Last week, USCIS (United States Citizenship and Immigration Services) announced that the H-1B lottery for 2025 (FY 2026) will begin on March 7. While the registration period hasn't opened yet, it's never too early to start preparing. Given Trump's stringent stance on immigration policies, it is crucial to be well-prepared to overcome potential challenges in the application process. This article covers key information about the H-1B application process, including the timeline, required materials, how to verify your employer’s lottery registration, and strategies to improve your chances of securing an H-1B visa if selected.
Table of Contents
H-1B Application Materials (from Employee)
How to Check If Your Employer Has Registered You for the H-1B Lottery?
How to Improve Your Chances of Securing an H-1B Visa?
H-1B Application Timeline
- March 7 – March 24: The H-1B registration period. Employers need to submit registrations for applicants within this timeframe.
- March 24 – March 31: USCIS runs the H-1B lottery and announces the results.
- April 1 – June 30: The petition filing window opens. Those selected in the lottery must submit their H-1B petitions within this period.
- October 1: The earliest possible start date for employment under an approved H-1B status.
H-1B Application Materials (from Employee)
- Copy of your passport
- Form I-94
- EAD card (if applicable)
- Copy of resume (for form-filling purposes only, not to be submitted to USCIS)
- Copies of diplomas of a bachelor's degree or above (translations required if not in English)
- Copies of all university transcripts (translations required if not in English)
- Copies of your F-1 visa and I-20s
- SSN (if applicable)
- Alien registration number (if applicable)
- For family members applying for H-4 visas, the following materials are required:
- Copies of passports
- Marriage certificate for spouse; birth certificates for children (children must be under 21 and unmarried)
- SSN (if applicable)
- I-797 (if applicable)
How to Check If Your Employer Has Registered You for the H-1B Lottery?
After March 7, if you want to check whether your company has registered you for the H-1B lottery, follow these steps:
- Step 1: Obtain your company's basic information and EIN (on your W-2 form).
- Step 2: Go to the USCIS website and search for “H-1B Electronic Registration Process” to create an H-1B registration account.
- Step 3: Enter your company’s details and your own information as the H-1B beneficiary.
- Step 4: Before clicking “Review,” you’ll see a duplication check option (“Check for Duplication”).
- Step 5: Click the duplication check. If the result shows “Duplicated Application Exist,” it means your company has already submitted your registration.
- Step 6: Exit the process.
- Step 7: If you want to delete your account, go to “Settings” and select “Delete This Account.”
How to Improve Your Chances of Securing an H-1B Visa?
Getting selected in the lottery is just the beginning—your petition must still be approved by USCIS. Here’s how to strengthen your case:
1. Ensure Your Job Meets the Specialty Occupation Criteria
Your position must clearly require specialized knowledge and a bachelor's degree or higher in a specific field. Under the Trump administration's "Buy American, Hire American" executive order, there is increased scrutiny to ensure that H-1B visas are awarded to the most skilled or highest-paid applicants. To strengthen your case, you need clear documentation proving that your job requires specialized skills.
Practical Strategies:
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Make sure your job clearly requires at least a bachelor's degree in a specific field relevant to your position.
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Have your employer explicitly outline specialized job duties in the offer letter and H-1B petition.
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If your degree is not an exact match for your role, provide expert opinion letters or industry certifications to justify its relevance.
2. Meet the Prevailing Wage Requirement
The Trump administration has emphasized prioritizing higher-paid H-1B applicants. Under existing regulations, USCIS closely examines salary levels to ensure compliance with the Department of Labor’s prevailing wage standards. To avoid additional scrutiny, your salary should meet government-set wage levels.
Practical Strategies:
- Check the prevailing wage level for your occupation and location on the Foreign Labor Certification Data Center (flcdatacenter.com).
- If possible, negotiate a salary above the minimum prevailing wage to avoid scrutiny.
- Relocate to a branch in a region with lower prevailing wages.
3. Prepare for Potential RFEs
During President Trump's first term, the H-1B applications experienced a notable increase in RFE and denial rates. In 2018, denial rates for H-1B petitions reached up to 24%, a significant rise from previous years. This heightened scrutiny was largely due to stricter interpretations of what constitutes a "specialty occupation" and more rigorous evaluations of employer-employee relationships.
Practical Strategies:
- Anticipate common RFEs and prepare supporting documents in advance (such as employment verification letters, detailed project descriptions, and organizational charts).
- If you work for a third-party employer (such as a consulting firm), ensure they provide contracts and proof of employer control over your work.
- Have your employer include a detailed itinerary and work location evidence if you will be placed at a client site.
- If you are currently or have previously used Day 1 CPT, stay in close communication with your school to obtain RFE support, including transcripts, CPT agreements, and proof of on-site attendance.
Final Thoughts
With the H-1B process facing heightened scrutiny under the Trump administration, early preparation is more critical than ever. Ensuring your job meets specialty occupation criteria, meeting prevailing wage requirements, and proactively preparing for RFEs can significantly improve your chances of success. Stay informed, work closely with your employer, and be ready to adapt to evolving policies. A well-prepared petition can make all the difference in securing your H-1B visa!
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