Washington, DC asked in Employment Law and Immigration Law for Ohio

Q: If I was selected in the H1B lottery 2024, what is the next step and how many days are given to file the H1B petition?

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: If you were selected in the H1B lottery for the fiscal year 2024, congratulations! The next step is to file your H1B petition with the United States Citizenship and Immigration Services (USCIS). Your employer will be responsible for filing the petition on your behalf.

Typically, you have 90 days from the date of selection to file your H1B petition. The exact filing period is announced by USCIS after the lottery results are released. It's crucial to file the petition within this timeframe, as failure to do so may result in the loss of your H1B opportunity for that fiscal year.

Your employer will need to gather the necessary documents and information to file the petition, which includes:

1. Labor Condition Application (LCA) from the Department of Labor

2. Evidence of your qualifications, such as educational degrees and work experience

3. Proof of the employer-employee relationship

4. Details of the job offer and the position's requirements

It's essential to work closely with your employer and their immigration attorney to ensure all the required documentation is prepared accurately and submitted within the filing period. Once the petition is filed, USCIS will process it and notify your employer of the outcome.

Keep in mind that being selected in the H1B lottery does not guarantee approval of your petition. USCIS will review the petition to ensure it meets all the requirements for the H1B visa category.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.