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The lottery will determine who gets an option to file H-1B visa petition with USCIS. As of the most recent H-1B season, on March 31, 2023 USCIS notifies the selected registrants. During the FY 2024 H-1B lottery, there were 758,994 eligible electronic registrations and 110,791 people selected for an H-1B visa. [22]
Labor Condition Application. The Labor Condition Application (LCA) is an application filed by prospective employers on behalf of workers applying for work authorization for the non-immigrant statuses H-1B, H-1B1 (a variant of H-1B for people from Singapore and Chile) and E-3 (a variant of H-1B for workers from Australia).
For instance, Form I-129 is used to apply for H-1B status (among many other statuses); there are several additional fees associated with H-1B status. [ 7 ] Two of the forms, Form I-129 and Form I-140 , are eligible for the Premium Processing Service , which requires the filing of Form I-907. [ 8 ]
Form I-539 is not necessary to accomplish this change of status. Thus, for instance, if trying to transition from F status to H-1B status, only Form I-129 need be filed, and not Form I-539. [3] Similarly, Form I-129 needs to be filed when transitioning from one temporary nonimmigrant worker status to another.
New reprint reason, OPT can be added within 60 days of program end, two new country codes, updates to how change of status to H-1B works [15] 6.0: February 20, 2009: CPT and OPT functionality, cap-gap support, student intern category for J status [16] 6.1: November 6, 2009
USCIS handles all forms and processing materials related to immigration and naturalization. This is evident from USCIS's predecessor, the INS (Immigration and Naturalization Service), which is defunct as of March 1, 2003. [6] [circular reference] USCIS handles two kinds of forms: those related to immigration, and those related to naturalization.
The LCA form is the same as for the H-1B visa, but needs to be annotated "H-1B1-Singapore" or "H-1B1-Chile" as the case may be. An employer may use a single LCA for multiple applicants as long as they all fall within the same category (i.e., they must all be in a single one of the categories: H-1B, H-1B1-Singapore, H-1B1-Chile, E-3). [6]
An employer must determine H-1B-dependency status every time the employer files a Labor Condition Application. Further, if an employer who did not file as H-1B-dependent at the time of filing the LCA becomes H-1B-dependent when filing Form I-129, the employer cannot use the LCA and must obtain a new one.