What Is an H-1B Visa, and What Are the Requirements? The H-1B visa is a temporary work visa that allows U.S. employers to hire foreign workers in specialty occupations, which generally require a four-year bachelor’s degree or its equivalent. Most professional positions in fields such as architecture, computer science, engineering, finance, and management qualify as specialty occupations, and there are jobs in virtually all fields that also qualify.
Basic H-1B Eligibility There are a few basic eligibility criteria, including the following:
A legitimate job offer from a U.S. employer for a role that requires knowledge normally associated with a bachelor’s degree or higher in a specific discipline.
Proof that the candidate earned a bachelor’s degree or higher (or equivalent) in a field that is closely related to the job duties.
The offered wage is greater than or equal to the average wage of similarly employed workers in the same geographic area.
Proof that the employer can pay the required wage.
The Annual H-1B Lottery Currently, there is a cap of 85,000 new H-1B visas per year, with 20,000 reserved for individuals with a U.S. master’s degree or higher (from an accredited institution). Some positions are exempt from the yearly cap, such as roles working for a government research organization, or for an institution of higher education.
For fiscal year 2024, the H-1B cap will open at noon Eastern on March 1 and run through noon Eastern on March 17, 2023. During this period, prospective petitioners can complete and submit their registrations using USCIS’s online H-1B registration system. After this registration period, USCIS will inform individuals who were selected.
Prizes for Lottery Winners: More process! If you are lucky enough to be selected, then your employer needs to file forms on your behalf.
First is a Labor Condition Application (LCA), filed with the Department of Labor (DOL). The LCA confirms that your employer will pay you the average wage of similarly employed workers in the same geographic area and that other workers will not be negatively impacted by your hiring.
Next, your employer will need to complete a Petition for a Nonimmigrant Worker (Form I-129). This I-129, the certified LCA, and supporting documents must be submitted to the USCIS. Supporting documents may include evidence of your education, training, professional memberships, resume, and employment offer letter.
The Final Lap If you are lucky enough to win the lottery and USCIS approves the case, then you may need to take further action to activate your H-1B.
If you are present in the U.S., then your H-1B status and work authorization will become active no sooner than October 1. Furthermore, if you are in F-1 status and your OPT or STEM OPT expires no sooner than April 1, you may be eligible for cap-gap work authorization.
If you are outside the U.S., then you must apply for, receive, and travel to the U.S. using an H-1B visa. The first step is to complete Form DS-160. Then, you must submit your application fee and schedule an interview at a U.S. embassy or consulate. Next, you must attend the interview at the embassy or consulate. If your visa application is approved, you will receive your visa within two weeks of the approval date. You can then travel to the U.S. with your H-1B visa and begin working for your employer on or after October 1.
Nothing on, referenced, or linked to from this page is intended to be legal advice. For legal questions, please contact AutoVisas Law Offices (Stephan@autovisas.com)
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