H1B Visa Lawyer Blog
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- I saw something about if my H-1B is denied, the USCIS could issue an NTA, is this true? It is possible if several conditions are met. On February 28, 2025, USCIS issued a Policy Memorandum entitled: Issuance of Notice to Appear (NTAs) in Cases involving Inadmissible and Deportable Aliens. A Notice to Appear is the charging document that instructs an individual to appear before an Immigration Judge at a certain time on a certain date. For beneficiaries of certain employment based petitions, USCIS will issue an NTA where: (1) the decision on the petition is unfavorable; (2) the beneficiary is not lawfully present in the United States or is otherwise removable; and (3) The beneficiary is the signatory on the Petition for Nonimmigrant Worker (Form I-129). Source: https://www.uscis.gov/sites/default/files/document/policy-alerts/NTA_Policy_FINAL_2.28.25_FINAL.pdf
- What can I do to make my case more likely to be selected in the H-1B CAP registration process? Nothing. It is a random lottery selection process. When completing the H-1B CAP registration, an employer is only entering the following information on a prospective candidate: (1) Name; (2) Gender; (3) Date of Birth; (4) Country of Birth; (5) Country of Nationality; (6) Passport number; (7) Passport expiration date; (8) Country of Issuance; (9) Yes or No, to if the candidate has obtained a U.S. Master’s degree or higher. There is nothing that you can submit or do to make your case more likely to be selected.