Companies with pending selections for the H-1B visa lottery have until the end of June to file their selected cases with USCIS. Special care must be taken when filing a New Quota case as even minor errors can lead to RFEs or even a rejection of the case. Below are three common issues to be aware of when filing a new quota selection.
Where to file? Typically, an H-1B is filed at a USCIS service center based on the location of the sponsoring employer. For example, a company based out of Texas would file to the Texas Service Center. New Quota cases are different in that each selection may have a different filing location. The Service center printed on the selection notice should govern where you will be mailing your H-1B. This can lead to a company with multiple selections having to send cases to multiple service centers. In the chaos of filing at the last minute it is important to remember that the selection notice, and not the employer’s location, will govern where your case is filed.
What is the start date? The first date an employee of a New Quota filing is eligible to change status to H-1B is 10/1. As such, this date should be reflected in the forms and any accompanying documentation. Failing to correctly identify the start date could lead to a rejection of your case or the issuance of an RFE.
Which cap to file under? A New Quota selection will have fallen under the master’s cap or the regular (bachelor’s) cap. To determine which cap the case was selected under one must review the selection notice. Just because a case was eligible for master’s cap does not mean it was selected under it. It is incredibly important to ensure the proper cap is selected as failing to do so could result in a denial of your H-1B.
These are just a sample of the various issues that can befall a New Quota filing. As the selection of this case may represent a once in a lifetime opportunity for an employee it is important that a sponsoring employer be mindful of these issues when preparing the case. It is also strongly recommended that you utilize the services of an experience business immigration attorney in order to maximize your probability of an approval. If you have any specific question pertaining to your H-1B New Quota filing please schedule a consultation with any of our attorneys.
Justin Rivera is an attorney at Reddy & Neumann, P.C. who focuses on employment-based non-immigrant visas. With a strong passion for immigration law, Justin strives to provide his clients with unparalleled quality service and professionalism. He specializes primarily in the H-1B visa process.
By: Justin Rivera
Justin Rivera is a NIV Practice manager managing the non-immigrant visa (NIV) department at Reddy & Neumann, P.C. Justin developed his passion for immigration law in law school where he helped African women who were victims of domestic violence secure visas under the VAWA. With a strong passion for immigration law, Justin strives to provide his clients with unparalleled quality service and professionalism. He specializes primarily in the H-1B visa process.