The H-1B visa is a temporary or nonimmigrant U.S. visa for foreign nationals seeking temporary entry into the United States for employment in specialty occupations. Applicants are selected for adjudication via lottery and are subject to a cap on the number of visas that will be approved.

The H-1B allows U.S. companies to employ foreign nationals with theoretical or technical knowledge in a specialty occupation. It has enabled leading U.S. tech companies to recruit the talent needed – especially in science, technology, engineering, and mathematics – for America to dominate the world in the arena of technical innovation.

Jobs that suit the H-1B visa require a university degree, the equivalent or higher. The equivalent of a bachelor’s degree is considered three years of work experience for each year spent at university.

H-1B Visa Validity:
The H-1B visa is valid for three years and can be extended one time for an additional three years. In general, the H-1B is valid for a maximum of six years.

However, there’s a caveat when transitioning from an H-1B visa to a green card. The individual can perpetually extend their H-1B visa by filing for an EB-1, EB-2, or EB-3 before the end of the fifth year.

Sections 104(c) and 106(a) of the American Competitiveness in the Twenty-First Century Act (AC21), 8 CFR 214.2(h)(13)(iii)(D) and (E).

In this situation, people have to stay with the same company to retain their place in line. If the individual decides to switch companies, they have to begin the entire process over.

H-1B Lottery:
USCIS randomly selects registrants to submit their complete H-1B visa petition using a lottery system.

The annual H-1B visa limit is 85,000. There are 65,000 regular H-1B visas each year and an additional 20,000 visas reserved for applicants with advanced degrees.

Some exceptions to the H-1B visa cap include people entering the U.S. to work in higher education or affiliated research/non-profit organizations.

Of the 65,000 regular H-1B visas, 6,800 are specifically for citizens of Chile and Singapore under the H1-B1 visa.

H-1B Visa Requirements:
H-1B visa applications require a petitioner (the employer) and beneficiary (employee).

The beneficiary must meet a minimum of one of the following requirements:

• Have completed a bachelor’s degree (or higher) in the same field as their specialty occupation from an accredited university.
• Hold a foreign degree equivalent to a bachelor’s degree or higher in the same field as the specialty occupation.
• Hold an unrestricted state license registration or certification in the specialty occupation field in the intended state of employment.
• Have verifiable and recognized education, experience, or training in the specialty equivalent to a bachelor’s degree or higher.

H-1B Documents and Application Process:

• Step 1: Employer/Agent submits Labor Conditions Application to the Department of Labor (DOL) for certification of an LCA.
• Step 2: Employer/Agent submits the completed Form I-129, Petition for a Nonimmigrant Worker, to the designated USCIS service center. The DOL-certified LCA must accompany the I-129 petition.
• Step 3: Upon I-129 petition approval, the prospective H-1B worker may apply with the U.S. Department of State (DOS) at a U.S. embassy or consulate abroad for an H-1B visa (or admission if a visa is required).

The prospective H-1B worker must apply to U.S. Customs and Border Protection (CBP) for admission under an H-1B classification regardless of whether a visa is required to enter the U.S.

H-1B Registration:
The initial H-1B Electronic Registration opens at noon Eastern Time (E.T.) on March 9th and runs through noon E.T. on March 25th. USCIS does not accept H-1B registrations before then. The lottery winners are notified by March 31st.

Each petitioning company will need to create an account at my.uscis.gov. The individual creating this account should be the person that will sign your I-129 and G-28 forms. Selecting the correct account type is critical to success.

There are three types of USCIS online accounts:

• Applicant, petitioner, or requestor account – Use to prepare and file applications, petitions, or other benefit requests. You cannot prepare or submit H-1B registrations using this type of account.
• Attorney or representative account – Select this option for attorneys or accredited representatives submitting H-1B registrations on behalf of a prospective petitioner. (Form-G-28 Notice of Entry of Appearance as Attorney or Accredited Representative)
• Registrant account – A prospective petitioner must create this account to participate in the H-1B registration process, regardless of whether they will be using an attorney or accredited representative to submit the registration.

We register our corporate clients free of charge; only pay the $10 registration fee to USCIS.

USCIS found the most common causes of H-1B lottery ineligibility was:

• Creating the wrong type of account; and
• Entering the same beneficiary more than once.

Each sponsor may only submit one registration per beneficiary. If a single sponsor registers the same beneficiary more than once, then USCIS will “remove all registrations submitted for that beneficiary by that prospective petitioner from the selection process.”

• However, a single sponsor can submit registrations for multiple beneficiaries and;
• A single beneficiary can have registrations submitted by multiple sponsors

Chosen registrations are eligible to file H-1B cap-subject petitions.

• USCIS will conduct the lottery and choose the beneficiaries that will go on to be filed and processed.
• Within 90 days, the selected registrants’ employers will file the H-1B petitions with USCIS for processing along with filing fees and supporting documents.
• If the petition is approved, the H-1B visa will be issued, and the beneficiary’s start date will be October 21st, 2021.

H-1B Specialty Occupations
Field may include (but are not limited to) the following. If your area of work is not in one of the fields of work listed below, please contact us and we will be happy to advise.

• Accountancy
• Architecture
• Arts
• Computer programming (including software QA & testers)
• Education
• Engineering
• International business management
• Journalism
• Law
• Mathematics
• Medicine/Health
• Modeling
• Nursing
• Research
• Sciences
• Social Sciences
• Theology

Labor Condition Application (LCA) for H-1B:
Another part of the H-1B application process is the Labor Certification Application or LCA. The H-1B requires a Labor Condition Application (LCA) that ensures equal opportunity, pay, and working conditions for foreign workers and to protect the interest of U.S. citizens and residents.

H-1B Visa Fees
Who pays H-1B fees, and how much does it cost? The employer is responsible for paying applicable fees to USCIS. An exception is when opting for Premium Processing; either the petitioner or beneficiary may pay.

An employee is responsible for the costs related to getting their visa at their U.S. embassy or consulate and visa fees for dependents.

• $10 registration fee
• Basic filing fee $460 (I-129)
• USCIS anti-fraud fee $500
• ACWIA Education and Training
• Companies with 25 or fewer employees – $750
• Companies with more than 25 employees – $1,500
• Premium Processing (optional) $2,500
• Additional Public Law 114-113 fee of $4000

H-1B visa petitioners pay the additional $4,000 fee only if all of the following apply:

• The company employs 50 or more employees in the U.S.;
• More than half of U.S.-based employees are in H-1B, L-1A, or L-1B nonimmigrant status;
• Filed an H-1B petition to:
• Seek initial H-1B nonimmigrant status for an alien, or
• Obtain authorization for an H-1B worker to change employers.

The additional fee does NOT apply to:

• The same petitioner files H-1B extension requests for the same employee,
• H-1B amended petitions, or
• Petitions are for other employment-based visa categories (H-1B1, H-2A, H-2B, etc.)

Alternatives to the H-1B Visa
People who may be eligible for the H-1B may also be eligible for:

• The TN visa (for citizens of Canada or Mexico);
• The E3 (for citizens of Australia);
• O1 (extraordinary ability in a wide range of fields);
• L1 visa (if they have been employed overseas for at least one continuous twelve-month period within the last three years);
• The E1 (treaty trader) or E2 (treaty investor) visas may also be worth looking into.