The H-1B visa is one of the most sought-after employment-based visas in the U.S., allowing foreign professionals to work in specialty occupations. With a limited number of new visas issued each year, the H-1B registration process plays a critical role in determining who gets selected to apply. Below, we’ll explore the H-1B visa requirements, the lottery system, and key considerations for applicants and employers.
H-1B Visa Requirements
To qualify for an H-1B visa, applicants must meet specific criteria. The key requirements include:
1. Education Requirement
The prospective employee must have one of the following:
- A U.S. bachelor’s degree (or higher) in a field related to the job.
- A foreign equivalent degree that meets U.S. bachelor’s degree standards. Applicants with foreign degrees must obtain a credentials evaluation to confirm equivalency.
- A state license, registration, or certification that allows full practice in the specialty occupation.
- Equivalent education, training, or work experience that meets the U.S. bachelor’s degree standard. This is particularly relevant for applicants with significant work experience but no formal degree.
2. Job Offer from a U.S. Employer
Applicants must already have a job offer before applying for an H-1B visa. The H-1B visa does not allow individuals to enter the U.S. to look for a job.
3. Specialty Occupation Requirement
The position must be a speciality occupation, meaning that it must meet one of the following:
- A bachelor’s degree (or higher) is normally the minimum standard for entry into the role.
- The degree requirement is common within the industry for similar positions.
- The employer normally requires a bachelor’s degree or higher for the role.
- The job duties are specialized and complex, requiring knowledge typically associated with a Bachelor’s or higher degree.
The H-1B Visa Lottery and Registration Process
The H-1B visa cap limits the number of new visas issued each year:
- 65,000 new visas are available under the regular cap.
- 20,000 additional new visas are reserved for individuals with a U.S. master’s degree or higher (master’s cap).
Since demand far exceeds supply, USCIS conducts an H-1B lottery to randomly select applicants who can submit an H-1B petition.
Key Steps in the H-1B Visa Lottery Process
1. H-1B Registration Period
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- Each year in March, USCIS opens an electronic registration system for employers to submit entries on behalf of potential H-1B workers.
- Employers must create a USCIS online account and submit registrations.
- A $215 registration fee applies per applicant.
2. Lottery Selection
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- If the number of registrations exceeds 85,000, USCIS runs a random selection process (lottery).
- Selected applicants receive a selection notice allowing them to proceed with filing an H-1B petition.
3. Filing the H-1B Petition
Employers have 90 days (typically April 1 – June 30) to file the full H-1B petition with USCIS. The petition must include:
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- Selection notice from USCIS.
- Labor Condition Application (LCA) approval from the Department of Labor.
- Job description, employer details, and proof of specialty occupation.
- Evidence of the applicant’s qualifications, including diplomas, degrees, and credentials evaluations.
4. USCIS Decision
Processing times vary, but employers can opt for premium processing (15-day processing for an additional $2,805 fee).
H-1B Visa Cap-Exempt Employers
Some employers are exempt from the H-1B lottery, meaning they can sponsor H-1B workers at any time. Cap-exempt employers include:
- Higher education institutions
- Nonprofit organizations affiliated with institutions of higher education
- Nonprofit research organizations
- Government research organizations
Additionally, private employers can apply for concurrent employment (hiring H-1B workers part-time) if the applicant already works for a cap-exempt employer.
H-1B Visa Validity and Extensions
1. Initial Period
H-1B visas are typically granted for three years initially.
2. Extensions
- H-1B status can be extended for another three years, with a maximum limit of six years.
- If an applicant spends time outside the U.S., that time can be recaptured and added back to the H-1B duration.
3. Beyond Six Years
If an employer starts the green card process, the H-1B can be extended beyond six years under specific conditions:
- PERM labor certification or I-140 petition has been pending for over 365 days.
- I-140 petition was approved, but no green card available due to backlogs.
Family Considerations
H-1B workers can bring dependents to the U.S. under H-4 visas (spouse and children under 21).
H-4 spouses can study but cannot work, unless:
- The H-1B worker has an approved I-140 (employment-based green card petition).
- The H-1B worker has received certain extensions beyond six years.
What Happens If You Lose Your H-1B Job?
If an H-1B worker loses their job, they have a 60-day grace period to:
- Find a new employer to file an H-1B transfer.
- Apply for a change of status (e.g., to a B-2 tourist visa or F-1 student visa).
- Depart the U.S.
The 60-day grace period only applies if the applicant’s I-94 record is still valid.
H-1B Visa vs. Green Card Process
You do not need an H-1B to apply for a green card, but having H-1B status provides important benefits, including:
- Dual intent: Allows green card processing without visa complications.
- Continued travel: H-1B holders can travel internationally while waiting for a green card.
- H-1B extensions beyond six years if the green card process is underway.
Most employer-sponsored green card applications go through the PERM labor certification process.
H-1B Filing Fees and Who Pays?
Employers must pay all standard H-1B filing fees:
- I-129 filing fee (varies based on company size).
- Asylum Program Fee ($300 – $600).
- Anti-Fraud Fee ($500).
- ACWIA Fee ($750 – $1,500 based on company size).
The only fee the employee can pay is the premium processing fee ($2,805). Employers cannot pass the costs to employees or require reimbursement.
The H-1B visa is an excellent option for skilled foreign professionals, but it involves a complex lottery process, strict eligibility criteria, and employer obligations. Understanding the requirements, lottery system, and renewal rules is crucial for both applicants and employers.
For more information on this employment-based visit our H-1B visa service page and consider scheduling a consultation with us.
