What You Need to Know About H-1B Visas 

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What is an H-1B Visa? 

H-1B Visas are considered non-immigrant visas. This visa allows a U.S. employer to temporarily employ foreign workers in what are considered “specialty” occupations. These types of positions typically require theoretical and practical application of highly specialized knowledge and require an education level of a bachelor’s degree or higher. 

Who is an H-1B Visa For? 

H-1B Visas are for foreign workers looking to enter the U.S. to work temporarily in a specialty occupation. To be eligible for an H-1B, you must already have received a job offer from a U.S. employer and meet all the qualifications for the job. The H-1B Visa program assists U.S. employers meet their need for highly skilled professional workers and to help foreign workers fulfill their professional careers in the U.S. Once you obtain an H-1B Visa, it is valid for up to three years; there is a possibility to renew the H-1B work permit for an additional three years. 

What’s the Process of Obtaining an H-1B Visa? 

First and foremost, you need to have a valid job offer from a U.S. employer for a role that is considered a specialty occupation. The next steps in the H-1B Visa process are as follows: 

  1. File a Labor Condition Application (LCA): This includes working with your potential employer to have them file the LCA with the U.S. Department of Labor (DOL). Once this is completed, the LCA will need to confirm that the employer intends to pay a prevailing wage for the position, and that the employment of a foreign worker will not displace U.S. workers.  

  1. H-1B Visa Petition: Your potential employer will file a petition with the U.S. Citizenship and Immigration Services (USCIS) on your behalf. 

  1. H-1B Visa Processing: Next, the USCIS will review the petition and decide whether to grant the H-1B visa. Please be patient, as this process can take several months. If you are approved, you can apply for a visa at the U.S. consulate or embassy. 

  1. Visa Stamping: If you’re located outside of the U.S., you’ll need to go through an interview process at the U.S. consulate or embassy. If the visa is approved, it will be stamped, and you’ll be granted access to enter the U.S. to commence employment with your H-1B sponsoring employer.  

Other Facts About H-1B Visas 

  • With this particular visa, you’ll often hear that there is an “H-1B Cap”. This means that the number of H-1B Visas that are available per year are limited, which leads to tough competition for being granted this type of visa. Selecting those who do receive an H-1B Visa operates on a random selection lottery system conducted in March of each year. This year, USCIS has announced that the H-1B cap registration period will be March 1 - March 17, 2023. 

  • What does a “prevailing wage requirement” mean? This is set in place to ensure U.S. employers aren’t using foreign workers and under paying. 

  • With an approved H-1B Visa, your spouse and children could be eligible for H-4 dependent visas. This would allow them to join you in the United States.  

Recent Updates Regarding H-1B Visas 

  • For Fiscal Year 2024, the first available filing date is April 1, 2023. Starting on this date, if an employer’s registration is selected for a particular employee, the employer can file an H-1B petition for that employee during a 90-day filing period beginning April 1. The employer cannot request a start date any earlier than the first day of Fiscal Year 2024, which is October 1, 2023.  

  • The lottery system that the H-1B Visas are selected by has recently changed. Since 2020, the government has implemented a cap “registration” process where employers will only need to submit basic information on the employees they choose to sponsor, including name, level of education, and position details through an online account system. This process is intended to curtail wasteful paper filings and costs for non-selected cases. There will be a government fee of $10 per registration.  

  • H-1B Premium Processing service, which used to allow U.S. employers to expedite the processing of H-1B Visas (for an additional fee), was suspended in 2020 for several months due to COVID-19. Since then, the H-1B Premium Processing service has been restored for a fee of $2,500.  

To receive a consultation for your H-1B Visa and all your immigration needs, click here.