The H1B visa program is an essential pathway for skilled workers from around the globe to bring their talents to the United States. However, navigating the intricacies of H1B cap-subject petitions, particularly with the inclusion of those eligible for the U.S. advanced degree exemption (often referred to as the “double dip”), can be a complex and daunting process. 

Central to this process is understanding that H1B cap-subject petitions cannot be filed unless there is a valid and selected H1B cap registration for the beneficiary named in the petition. With the registration period for FY2025 fast approaching, lasting from just March 6 to March 22, 2024, it’s particularly important to know how you’ll be submitting your petition. Below, we outline why it’s crucial to submit your registration and petition correctly and how partnering with an experienced immigration attorney, such as those at Litwin & Smith, can significantly enhance your chances of success.

The Importance of a Valid and Selected H1B Cap Registration

The H1B visa cap limits the number of visas issued annually, making the application process highly competitive. The U.S. Citizenship and Immigration Services (USCIS) employs a registration system wherein employers must first register potential beneficiaries before submitting a complete petition. This system includes a selection process where registered beneficiaries are chosen at random until the cap is met. Only those with a valid and selected registration can proceed to file an H1B petition.

This process also extends to those eligible for the advanced degree exemption, providing an additional chance for applicants holding a U.S. master’s degree or higher to be selected. If not chosen in the advanced degree exemption lottery, their registrations are included in the regular cap lottery, hence the term “double dip.”

Why Work With an Experienced Immigration Attorney?

Given the complexity and competitive nature of the H1B visa application process, it’s in the best interest of both the prospective employer and the beneficiary to navigate this process as smoothly and effectively as possible. Here’s why working with an experienced immigration attorney, particularly from a reputable firm like Litwin & Smith, is advisable:

1. Expert Guidance: Immigration laws and policies are subject to frequent changes and can be intricate. Experienced attorneys stay abreast of all updates and can offer guidance tailored to your specific situation, ensuring compliance with all legal requirements.
2. Strategic Planning: Successful submission begins with strategic planning, including identifying the optimal time to register and submit petitions. Attorneys can provide invaluable advice on timing and crafting a petition that highlights the beneficiary’s qualifications and the employer’s needs.
3. Error Reduction: Simple mistakes can lead to petition denials or delays. Attorneys can help avoid common pitfalls, ensuring that all forms are accurately completed and all necessary documentation is included.
4. Maximizing Your Chances: While hiring an attorney does not guarantee selection in the H1B lottery, their expertise can significantly enhance the overall quality and compliance of your petition, potentially improving your chances of success.
5. Navigating Complex Cases: In cases where there might be additional complexities, such as beneficiaries with unusual qualifications or employers in niche industries, an experienced attorney can navigate the nuances to present a strong case to USCIS.

Litwin & Smith is renowned for its expertise in immigration law, with a long track record of helping employers and individuals through the H1B visa process. Our attorneys understand the stakes and intricacies of submitting H1B cap-subject petitions and registrations. By partnering with our immigration law firm, you can leverage our knowledge and experience to increase the likelihood of a successful outcome for your application. In addition, employers can make the most of Litwin & Smith’s offering of free registration to H-1B employers for the FY2025 H-1B Cap Season to reduce the overall costs of a successful application. 

Start the H1B Registration and Application Process Today

The H1B visa application process is fraught with challenges. However, understanding the importance of a valid and selected H1B Cap registration and the advantages of working with experienced immigration attorneys can make all the difference. Firms like Litwin & Smith offer the expertise and support necessary to navigate this complex process, providing you and your potential employees with the best possible chance of success in the H1B cap-subject petition process. Schedule your consultation with our premier immigration law firm today to start the process of registering and applying for an H1B visa.