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Understanding The USCIS H-1B Lottery And Filing Fee Updates

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Frugal Founder, a recent recipient of F-1 STEM OPT work authorization, is concerned about the H-1B lottery and potential increases in immigration application fees. Frugal Founder’s startup plans to register for the H-1B lottery in March and is seeking advice on navigating these challenges.

Key Takeaway

The USCIS has announced updates to the H-1B lottery, making it more inclusive for early-stage startups and international students and founders. Additionally, individuals should be mindful of potential increases in immigration application fees and consider timely action to navigate these changes effectively.

USCIS H-1B Lottery Updates

The U.S. Citizenship and Immigration Services (USCIS) has announced updates to the H-1B lottery, aiming to make the process fairer for early-stage startups and international students and founders. The lottery will be open from March 6 through March 22, with the registration fee remaining at $10 this year. These changes provide hope for individuals like Frugal Founder who are navigating the H-1B lottery process.

Immigration Application Fee Increases

Frugal Founder is also concerned about potential increases in immigration application fees. The USCIS is expected to publish a final rule in the Federal Register, which will significantly raise application fees. Additionally, premium processing fees are set to increase in February. These impending changes underscore the importance of timely action for those considering immigration applications.

Visa and Green Card Options

For individuals who qualify, the O-1A extraordinary ability visa offers a relatively quick process, especially with premium processing. The Biden administration has facilitated the qualification process for the O-1A, particularly for startup founders in the STEM field. However, there are ongoing efforts to update the O-1A guidance for startup founders, emphasizing nontraditional achievements.

The EB-1A extraordinary ability green card generally has the quickest processing time among all employment-based green cards. While the bar for qualifying for the EB-1A green card is high, recent graduates and first-time founders in the STEM field often find success with the EB-2 NIW (National Interest Waiver), despite potential delays due to green card backlogs.

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