This March 1 at noon, Eastern Time (E.T.), the USCIS opened the initial enrollment period for H1B visa petitions for 2024.
The period will last until noon (E.T.) on March 17, 2023, and users will be notified of the results on March 31, 2023.
If sufficient entries are received by the date, the USCIS will perform a lottery selection of entries, and send selection notifications through users’ myUSCIS online accounts.
However, should the entries received be insufficient, all entries that were submitted correctly during the initial registration period will be selected. Therefore, here we inform you about everything you need to know about the H1B visa.
If you wish to apply for your visa and start your professional career in the United States, at Jaskot Law, we can help you. Contact us at 410-235-6868 or via email by using [email protected] for professional help.
What is the H1B Visa?
The H1B visa is one of the most popular work visas in the United States. This is a type of visa that allows U.S. employers to hire high-skilled foreign workers in specialty occupations.
It is very important for you to always keep in mind that the H1B visa only applies to people who want to provide services in a specialized field.
Some of the applicable occupations for an H1B visa are:
- Financial institutions
- Information Technology (IT)
- Medicine, biology, or science
H1B Visa Requirements
Before applying for the H1B visa, you must meet certain requirements. Here are the main requirements to be taken into account:
- Applicants must have an undergraduate degree obtained abroad equivalent to a U.S. bachelor’s or graduate degree in the major from an accredited university.
- Applicants must have an unrestricted license authorizing them to fully practice the specialty occupation in the state of intended employment.
- Applicants must have educational preparation, training, or progressive experience in the specialty that is equivalent to having completed the aforementioned degree.
- Applicant must have recognition of expertise in said specialty through progressive positions of directly related responsibility.
In addition, the requested work must also meet one of the following criteria to qualify as a specialty:
- A bachelor’s or graduate degree, or its equivalent, is normally the minimum requirement for a particular position.
- The college degree requirement is common in the industry, or the job is so complex or specialized that it can only be performed by a person holding a degree.
- The employer also requires a degree or its equivalent for the position.
- The nature of the specific duties is so specialized or complex that the knowledge required to perform them is associated with a high school, college, or postgraduate degree.
H1B Visa Application Process
The H1B visa application process is complex, and requires careful planning. So, here we present you the main steps to follow:
- Your employer must submit the Labor Condition Certification Application (LCA) to the Department of Labor (DOL) for certification.
- Your employer must file the Form I-129 (Petition for a Nonimmigrant Worker) at the appropriate USCIS Service Center. Besides, your employer must also attach the LCA certified by the DOL.
- Once the Form I-129 is approved, you will be able to file your H1B visa application through the U.S. Department of State (DOS) at a U.S. embassy or consulate abroad.
- Finally, you must start the e-Registration Process at USCIS and pay the H1B registration fee ($10 per beneficiary).
Once your visa application is approved, you will be able to enter the United States and begin working.
Duration of H1B Visa
The H1B visa has an initial duration of three years. The term may be extended, although it generally cannot be extended for more than six years. However, there are certain exceptions under sections 104(c), and 106(a) of the American Competitiveness in the 21st-century Act (AC21), 8 CFR 214.2(h)(13)(iii)(D) and (E).
Please note that, in case you are made redundant before the end of your H1B visa, your employer will be legally responsible for the reasonable costs of your return transportation. However, your employer will not be responsible for your return transportation costs if you voluntarily resign.
If you need help applying for your H1B visa, at Jaskot Law, we can help you. Request our professional help, and start your professional career in the United States right now. Contact us at 410-235-6868 or via email by using [email protected] for professional help.
Frequently Asked Questions
Can I apply for the H1B visa if I do not have a bachelor’s degree?
No, to apply for the H1B visa you must have a bachelor’s degree or an equivalent degree in the specialty required for the job.
Can I apply for the H1B visa if I already have a work visa in the United States?
Yes, you can apply for the H1B visa even if you already have another work visa in the United States.
Can I apply for the H1B visa if I do not have an employer who is willing to sponsor my visa?
No, to apply for the H1B visa you must have a job offer in the United States from an employer willing to sponsor your visa.
What is the H1B visa annual numerical cap?
Each fiscal year, there are 65,000 new grants/visas. In addition, 20,000 petitions filed by beneficiaries with a master’s degree or higher from U.S. institutions will be exempt from this limit.
On the other hand, H1B workers under the following conditions will not be subject to this annual cap:
– Workers requested or employed by a higher education institution or its affiliates.
– Workers who are employees related to non-profit research entities or organizations.
– Workers who are employees related to governmental scientific research organizations.
What companies are the H1B visa sponsors?
There are many companies that offer sponsorship to skilled migrant workers, but some of the main ones are:
– Deloitte Consulting
– Cognizant Technology
– Solution US Corporation
– Pricewaterhouse Cooper
– Capgemini America