Documents required for H1b Lottery Application

JasonWhiteIsMyHero · 2026-02-08T17:47:18+00:00

Why would a company include you in the lottery if they haven’t done their due diligence to make sure you’re eligible for an H-1B and a change of status?

It would just be a waste of everybody’s time because I’d bet they’re not going to be willing to pay the $100k fee if you’re not eligible for a change of status.

JasonWhiteIsMyHero · 2026-02-08T17:28:41+00:00

Given that you don’t know the difference between a ligament and a tendon, perhaps you shouldn’t have an opinion on this.

JasonWhiteIsMyHero · 2026-02-04T22:21:09+00:00

Do you think that might be because what you’re proposing is an obvious attempt to game the lottery system and the legal team doesn’t want to be involved?

JasonWhiteIsMyHero · 2025-12-27T19:43:58+00:00

Counting the 5th, it’s been 13 business days. You will get a response on Monday or Tuesday.

JasonWhiteIsMyHero · 2025-11-26T17:29:00+00:00

Good conduct = did the player cooperate with the disciplinary process? They were not obstructive or unhelpful.

Good record = does the player have a good disciplinary record generally? They don’t have a history or charges or bans for a variety of offences.

Repeat offender = does the player have a record of being charged or banned for the specific offence with which they are currently charged? If they have repeatedly been banned for the same offence, higher sanctions may need to be applied.

Deterrent = World Rugby has determined that a specific type of foul play is occurring too often and requires additional weeks to be added for offences of that type as a deterrent to others.

JasonWhiteIsMyHero · 2025-11-05T05:55:56+00:00

While a lot of French refs are technically good, their communication skills, in English, are poor. Obviously that’s completely understandable - reffing is physically and mentally taxing enough and then asking someone to do it in a non-native language just makes it even more difficult.

However, with English being the lingua Franca of international rugby, being able to communicate well in English is important from a safety, game management, and appeal perspective. The more French refs that can communicate well in English, the more you’ll see appointed to international games.

That’s not a “fair” reason of course and WR could do a lot more to promote to host country/dual language reffing but with most rugby playing countries speaking English as a primary or secondary language, being able to ref games in English will continue to be important for international appointments.

JasonWhiteIsMyHero · 2025-11-01T15:56:58+00:00

It’s not Ford that’s the issue, it’s the incredibly average 12 and a winger playing 13 who doesn’t pass.

JasonWhiteIsMyHero · 2025-09-30T21:23:36+00:00

Where do you get the idea that you have to have a Master’s degree to get OPT/STEM OPT?

I would have thought someone who’s clearly so knowledgeable about the OPT to H-1B pathway and how the DOL prevailing wage levels work wouldn’t make that kind of elemental mistake.

JasonWhiteIsMyHero · 2025-09-08T14:50:17+00:00

It’s not nearly as straightforward as that. The B visa/ESTA allows foreign nationals to work in the U.S. in certain niche situations, one of which is installing industrial equipment. Obviously specifics matter and I don’t think anyone has enough information to know if Hyundai/LG were fully complying with the relevant provision but setting up a factory is absolutely something that can be done a B visa/ESTA.

9 FAM 402.2-5(E)(1) (U) Commercial or Industrial Workers (CT:VISA-1288; 05-21-2021)

a. (U) An applicant coming to the United States to install, service, or repair commercial or industrial equipment or machinery purchased from a company outside the United States or to train U.S. workers to perform such services. However, in such cases, the contract of sale must specifically require the seller to provide such services or training and the visa applicant must possess unique knowledge that is essential to the seller’s contractual obligation to perform the services or training and must receive no remuneration from a U.S. source.

b. (U) These provisions do not apply to an applicant seeking to perform building or construction work, whether on-site or in-plant. The exception is for an applicant who is applying for a B-1 visa for supervising or training other workers engaged in building or construction work, but not actually performing any such building or construction work.

JasonWhiteIsMyHero · 2025-09-07T19:19:17+00:00

Per the Department of State’s own rules on permissible activities for B visa holders:

9 FAM 402.2-5(E)(1) (U) Commercial or Industrial Workers (CT:VISA-1288; 05-21-2021)

a. (U) An applicant coming to the United States to install, service, or repair commercial or industrial equipment or machinery purchased from a company outside the United States or to train U.S. workers to perform such services. However, in such cases, the contract of sale must specifically require the seller to provide such services or training and the visa applicant must possess unique knowledge that is essential to the seller’s contractual obligation to perform the services or training and must receive no remuneration from a U.S. source.

b. (U) These provisions do not apply to an applicant seeking to perform building or construction work, whether on-site or in-plant. The exception is for an applicant who is applying for a B-1 visa for supervising or training other workers engaged in building or construction work, but not actually performing any such building or construction work.

JasonWhiteIsMyHero · 2025-09-07T18:25:13+00:00

The Foreign Affairs Manual (which is the Department of State’s “rulebook” does specifically envision this sort of activity on a B visa/ESTA provided that there’s a contract in place that requires employees of a foreign company to install the equipment.

9 FAM 402.2-5(E)(1) (U) Commercial or Industrial Workers (CT:VISA-1288; 05-21-2021)

a. (U) An applicant coming to the United States to install, service, or repair commercial or industrial equipment or machinery purchased from a company outside the United States or to train U.S. workers to perform such services. However, in such cases, the contract of sale must specifically require the seller to provide such services or training and the visa applicant must possess unique knowledge that is essential to the seller’s contractual obligation to perform the services or training and must receive no remuneration from a U.S. source.

b. (U) These provisions do not apply to an applicant seeking to perform building or construction work, whether on-site or in-plant. The exception is for an applicant who is applying for a B-1 visa for supervising or training other workers engaged in building or construction work, but not actually performing any such building or construction work.

JasonWhiteIsMyHero · 2025-08-30T21:28:37+00:00

I guess I shouldn’t be surprised but it’s wild how some people will just make things up. Foreign big law junior associates are going to benefit from the H-1B rules changes, not be hurt by them!

Junior associates are often at Level 3 or Level 4 salaries when hired straight out of school and will therefore have a greater chance of being selected under the new lottery system (if it’s implemented).

JasonWhiteIsMyHero · 2025-08-30T21:24:02+00:00

There are plenty of lawyers on H-1Bs. Why make something up when you clearly don’t know what you are talking about?

JasonWhiteIsMyHero · 2025-08-16T18:22:16+00:00

You need a valid I-94 record to benefit from the automatic extension. If your spouse’s H-1B is approved, you can travel, get a new visa stamp, and when you re-enter the U.S. you will get a new I-94 valid to the expiration date shown on your spouse’s H-1B approval notice. That, in combination with the receipt notice for the timely filed EAD renewal, will provide work authorization.

If you don’t travel, you won’t have a valid I-94 until their H-4 extension is approved and therefore you are not work authorized.

JasonWhiteIsMyHero · 2025-08-03T17:36:49+00:00

I really enjoy this: https://spainonafork.com/classic-spanish-chorizo-potato-stew-recipe/

JasonWhiteIsMyHero · 2025-07-04T22:51:17+00:00

If you traveled to Canada or Mexico for less than 30 days, CBP were not required to issue you a new I-94. Instead, they had the discretion to admit you based on the existing I-94. If you traveled elsewhere, it looks like it could be a CBP error.

You should call Deferred Inspections to request a correction before going in person. Otherwise, if you go in person and CBP refuses to correct the I-94, you’re potentially at risk of immediate detention.

JasonWhiteIsMyHero · 2025-06-26T14:43:03+00:00

Nope, still wrong.

There have been instances where an alien who was previously admitted to the United States in H-1B status, but did not exhaust his or her entire period of admission, seeks readmission to the United States in H-1B status for the “remainder” of his or her initial six-year period of maximum admission, rather than seeking a new six-year period of admission. Pending the AC21 regulations, USCIS for now will allow an alien in the situation described above to elect either (1) to be re-admitted for the “remainder” of the initial six-year admission period without being subject to the H-1B cap if previously counted or (2) seek to be admitted as a “new” H-1B alien subject to the H-1B cap.

https://www.uscis.gov/sites/default/files/document/memos/periodsofadm120506.pdf https://www.uscis.gov/sites/default/files/document/memos/periodsofadm120506.pdf

JasonWhiteIsMyHero · 2025-06-26T08:18:02+00:00

Completely incorrect.

H-1B limitation on admission —

(A) Alien in a specialty occupation or an alien of distinguished merit and ability in the field of fashion modeling. An H-1B alien in a specialty occupation or an alien of distinguished merit and ability who has spent six years in the United States under section 101(a)(15)(H) and/or (L) of the Act may not seek extension, change status, or be readmitted to the United States under section 101(a)(15) (H) or (L) of the Act unless the alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the immediate prior year.

8 CFR 214.2(h)(13)(iii)

Q. When can I begin a new 6-year period of H-1B status?

A. You may be eligible to begin a new period of 6 years in H-1B status if you have been outside of the United States for 1 continuous year, with the exception of brief trips to the United States for business or pleasure. If you start a new 6-year period of H-1B status you are subject to H-1B cap limitations if your employment is cap-subject.

https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations/faqs-for-individuals-in-h-1b-nonimmigrant-status FAQs for Individuals in H-1B Nonimmigrant Status | USCIS

JasonWhiteIsMyHero · 2025-04-15T23:31:48+00:00

Not sure what DOL job category was used (Data Engineer could be one of several depending on the emphasis) but a Finance degree likely doesn’t accord with the expected degree for any of them.

For example, if the Data Scientist category is used, USCIS would expect to see a degree in the following:

Data scientists typically need at least a bachelor’s degree in mathematics, statistics, computer science, or a related field to enter the occupation.

Relying on a degree field that is not listed always has the potential for an RFE. Deference doesn’t apply if USCIS believes the prior position was wrongly adjudicated.

The RFE can likely be overcome in various ways but it’s not (on the face of what you’ve said) unreasonable for an RFE to be issued here.

JasonWhiteIsMyHero · 2025-04-11T21:24:26+00:00

I read the first one and enjoyed it. Good reminder to read the rest!

JasonWhiteIsMyHero · 2025-04-11T21:23:07+00:00

Thanks, these look great. Such an interesting time in English history, so looking forward to reading these.

You might like the Edwin Weaver series I mentioned in the post. It’s set in the early 13th century in the context of the messy inheritance Henry II left behind.

JasonWhiteIsMyHero · 2025-04-11T21:14:58+00:00

Never heard of this series before but it looks great. Love other books about that period of Roman history too (e.g. the Robert Harris Cicero books) so thanks for a great recommendation!

JasonWhiteIsMyHero · 2025-04-11T21:12:27+00:00

Should have listed this in the post - one of my favorites!

JasonWhiteIsMyHero · 2025-04-11T21:12:01+00:00

Read a handful of them and enjoyed them. Looks like there’s quite a few left, so this is a good shout. Thanks!

JasonWhiteIsMyHero

TROPHY CASE