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Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

Michigan Law Firm - Warner Norcross + Judd LLP

It is once again time for employers to evaluate their H-1B needs as the annual filing season approaches. Despite continued strong demand for skilled workers, U.S. law places a yearly limit or “cap” on most new H-1B visas at 65,000, plus 20,000 set aside for those graduating with a master’s degree or higher from a U.S. university. Each year the U.S. Citizenship and Immigration Services (USCIS) conducts a lottery for these limited visas, typically in March. While we wait for USCIS to announce specific details on the registration process, now is a good time to review the immigration status of current and prospective foreign national employees and identify any individuals for whom H-1B status might be beneficial. These may include:

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Recent college/university graduates employed in F-1 optional training.

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Employees of overseas affiliates who are not eligible for L-1 visas.

Employees in TN or E status for whom an employer is considering pursuing permanent residence.

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<strong>Registration for the H-1B Lottery</strong>

The registration process for the lottery will once again be electronic and will require the payment of a small fee per registrant. The USCIS recently announced that “organizational accounts will allow multiple individuals within an organization, such as a company or other business entity, and their legal representatives to collaborate on and prepare H-1B registrations.” The USCIS also plans to introduce electronic filing of H-1B petitions. We are closely monitoring this situation and will work with our clients to ensure timely registration of all candidates.

Once the registration period ends, USCIS will conduct a random selection process among the registrations received. USCIS received more than 780,000 total H-1B registrations in 2023.

When the random selection process is complete, USCIS will notify employers with selected registrations, and only those with selected registrations will be eligible to file an H-1B petition. Approved petitions will have a start date no earlier than October 1, 2024.

Employers should contact our immigration team with information about employees and candidates who should be registered in the H-1B lottery. We can advise on eligibility, confirm if the position qualifies and assist with registration. For selected registrants, we can prepare and file the H-1B petition. Please contact Mike Wooley, Dan Persinger or Christopher LeClair for assistance with immigration and the H-1B lottery.

Associate

Christopher M. LeClair

Immigration

Time to Get Ready for the H-1B Filing Season

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Time to Get Ready for the H-1B Filing Season

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