How Can Small Company Employees Beat the Odds in the H1B Lottery?

Navigating the H1B visa lottery can be a daunting task, especially for those employed in small and medium-sized companies. Concerns about company size and inexperience in the lottery process are common. This guide aims to demystify these issues, offering insights and advice for applicants in smaller firms.

Decoding the H1B Lottery: Timelines and Procedures

Many employees are often reassured by HR that only good performance could lead to H1B sponsorship. However, it's not unusual for employees to later find out they won't be participating in the lottery that year, despite their hard work. This can be particularly challenging for those on a one-year OPT in humanities and similar fields. It's crucial to confirm your eligibility for the lottery with HR as early as February.

In cases where your employer initially agrees to sponsor you but later retracts, it's advisable to escalate the issue while also exploring other job opportunities. A proactive approach can sometimes resolve misunderstandings and lead to successful lottery entry:

Stay on Top of Your Application

Small companies, especially those new to H1B sponsorship, may lack familiarity with the process. This requires applicants to be extra vigilant. Overseeing everything from lawyer selection to post-lottery procedures is often necessary to ensure a smooth application process.

Navigating Risks in Small Company H1B Applications

The size of a company does not directly influence H1B lottery outcomes. However, small companies face specific challenges, particularly regarding Requests for Evidence (RFEs). Here's how to address them:

• Specialty Occupation: The definition of a specialty occupation can be ambiguous. The U.S. Department of Labor's Occupational Outlook Handbook (OOH) is a useful reference. Applicants in generalist roles often face scrutiny over the specialty nature of their positions. Consulting with a lawyer to align your job title and responsibilities with H1B requirements is crucial. An Expert Opinion Letter can be beneficial in responding to an RFE.
• Availability of Work: This concern is more pronounced in smaller companies. Immigration authorities may question the necessity of certain roles in a small business. Ensuring your professional background matches your role and your job description clearly outlines your contribution to the company's growth is essential. Be prepared with detailed explanations and supporting documents in case of an RFE.

Legal Representation and Costs

Registering for the H1B lottery without a lawyer is possible, but having legal expertise reduces risks. The registration process is straightforward, but complexities arise afterward. Lawyer fees typically range from $2,000 to $3,000, with some offering free services until the lottery is won.

Self-Funding Your H1B Application

Self-funding your H1B application is not permitted under immigration laws. Doing so can lead to RFEs and potential rejection, as it may be perceived as buying sponsorship.

Achieving Success in Small Companies

The size of a company does not directly impact H1B application success. With proper documentation and a formal employment relationship, small companies can successfully sponsor H1B visas. Don't be discouraged by the size of your employer; with a reliable lawyer and thorough preparation, your approval chances remain strong.

Conclusion: Navigating the H1B Visa Lottery with Confidence

Navigating the H1B visa lottery, especially within small and medium-sized companies, presents unique challenges. However, it also offers opportunities for professional development and growth. Understanding the process, proactive engagement, and seeking appropriate legal counsel are key to navigating this journey successfully.

The size of your employer is less significant than the quality of your application and its compliance with H1B requirements. Leveraging the close-knit environment of smaller companies can facilitate better communication and support during the application process.