H-1B Visa Attorney

The application period for an H-1B typically opens on April 1st each year. The H-1B application process consists of the following steps:

1. The U.S. employer must submit an electronic registration to be entered into the H-1B visa lottery;
2. The employer waits for the Notice of Selection that notifies them of being successfully selected;
3. The employer completes Form I-129 (Petition for a Nonimmigrant Worker) and submits it to the USCIS along with a DOL-certified Labor Condition Application (LCA) and the Notice of Selection from their earlier registration (this step must be taken within 90 days of being selected);
4. The USCIS will issue a Form I-797 Notice of Action, which indicates that the employer’s petition has been approved;
5. The employer’s beneficiary (the foreign job candidate) can undergo consular processing at a U.S. embassy or consulate in their home country or adjust their status within the United States; and
6. Once the beneficiary’s application is approved, they will become an H-1B visa holder.

Note: Once the beneficiary becomes eligible to travel to the U.S., they will have to wait until October 1st to begin work, according to the U.S. Citizenship and Immigration Services (USCIS). Cap-exempt H-1B visa holders are not subject to October 1st start dates.

Since the H-1B is a work visa and does not guarantee permanent residency, it has strict requirements for the applicant and the specific position they are applying for. The foreign national must demonstrate that they possess certain skills and academic qualifications to hold a “specialty occupation.” According to the USCIS, the requirements for H-1B visa applicants include:

• The U.S. company, which is willing to sponsor the applicant, makes a job offer;
• The job offer is for a specialty occupation, which requires a bachelor’s degree (or its equivalent) or higher;
• The proposed salary and working conditions meet the standards applicable to the geographic area where the applicant will be working; and
• The applicant’s education and/or work experience is relevant to the specialty occupation in the job offer.

Applying for an H-1B visa involves various documents that both the employer and the beneficiary must prepare and submit to prove their eligibility. You might want to get help from an H-1B visa lawyer to discuss your specific case and determine whether you meet the eligibility requirements before embarking on this journey.