What ought to we all know in regards to the H-1B lottery earlier than we rent STEM OPTs? – TechCrunch

Right here’s one other version of “Expensive Sophie,” the recommendation column that solutions immigration-related questions on working at expertise firms.

“Your questions are important to the unfold of information that permits folks all around the world to rise above borders and pursue their goals,” says Sophie Alcorn, a Silicon Valley immigration lawyer. “Whether or not you’re in folks ops, a founder or in search of a job in Silicon Valley, I’d like to answer your questions in my subsequent column.”

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Expensive Sophie,

What do I and my founding staff at our early-stage startup want to pay attention to so we could be on observe for the following H-1B lottery for the STEM OPT candidates we’re hiring?

— Robust Strategizer

Expensive Robust,

Congrats — it’s solely August and you’re up to the mark! Glad you’re planning now so that you could be on observe and have clean seas and clear skies forward for the following spherical of H-1Bs. It’s tremendous vital now, as we simply had some current H-1B lottery updates and the U.S. Citizenship and Immigration Companies (USCIS) continues to be working by means of fairly deep case backlogs. By beginning now, you’ll be able to maximize your capability to retain your expertise.

Simply this week, USCIS introduced that they’re accomplished deciding on folks for the April 2022 lottery. There was an digital registration course of in March for all of the individuals who wished to be chosen for H-1Bs in April, and so they have been all hopefuls for an October 1, 2022 H-1B begin date.

For the previous a number of years since USCIS established the March digital lottery system, they’ve underestimated the variety of chosen H-1B registrants whose petitioners would comply with by means of and submit the complete I-129 petition for the H-1B by the June 30 deadline. So, in prior years, USCIS held a number of registrant choice processes — in July, September and past — to fill the remaining spots accessible for H-1Bs for the fiscal 12 months earlier than the federal government reached the restrict.

Picture Credit: Joanna Buniak / Sophie Alcorn (opens in a new window)

We have been all stunned in July this 12 months when no second choice course of occurred. This week, USCIS confirmed that they obtained sufficient H-1B petitions to fulfill this 12 months’s restrict, and so they modified everyone else’s standing of their system to “Not Chosen” this week.

It’s possible they’re getting higher statistical estimates of the petition fee, and what number of registrants to pick out to maximise the 85,000 whole annual H-1B cap-subject visas. Subsequent 12 months and past, it’s possible that every one registrants might be chosen in March, and that no additional choice intervals might be held all through the summer season or fall.

Now let’s dive into every little thing it’s best to be mindful when making use of for STEM OPT and getting ready for subsequent 12 months’s H-1B lottery. As you realize, STEM OPT (Non-compulsory Sensible Coaching) is the two-year extension of OPT for people on an F-1 pupil visa whose subject of research is on the list of STEM-designated degrees.

Timing is vital

The earliest a candidate can apply for STEM OPT is 90 days earlier than the present 12-month OPT EAD (Employment Authorization Doc) is ready to run out. I like to recommend that they submit their software as early as doable.