H-1B Visa Application

Have you ever dreamed of working in the United States, pursuing your career ambitions on a global stage? The H-1B visa might be your ticket to making that dream a reality. This article will give an overview of the H-1B visa application process.

Who is eligible for an H1-B Visa?

If you hold a bachelor’s degree or higher education and have a temporary job offer in the U.S., you may qualify for an H-1B visa—a nonimmigrant status enabling individuals to work temporarily in specialty occupations.

These specialized fields, which require a bachelor’s degree or equivalent, envelop areas such as engineering, math, science, healthcare, business, education, law, and others.

Can anyone apply for the H1-B Visa?

This visa is available to individuals from any country. It’s a popular choice but faces immense competition due to its broader eligibility. The H-1B visa operates on a lottery system. You and your employer need to join the registration process in March for a job starting in October. If you’re chosen in the lottery, you can proceed with the application. If not, you can’t submit it.

The H-1B classification has an annual cap on the number of applicants admitted to the U.S. In each fiscal year, the U.S. is limited to approving only 85,000 new H-1B visas. Among these visas, 20,000 are specifically allocated for individuals holding a master’s degree or higher from a U.S. institution of higher education.

Can I get a H-1B visa without a sponsor?

Typically, without a job offer from a US employer sponsor, you cannot apply for an H-1B visa. For those who are self-employed entrepreneurs there is a different process to apply for an H-1B visa.

You may also read: H1-B Visa for self-employed employed entreprenuers

What type of company can sponsor H-1B?

Any company can sponsor H-1B visa beneficiaries so long as they have an IRS tax number (Tax ID number). This number is required for the company to obtain approval of the Labor Condition Application. Before completing an H-1B petition, the company must file a Labor Condition Application with the US Department of Labor to demonstrate that it meets the criteria of being able to support an H-1B visa beneficiary. Some examples of criteria are: the ability to be able to pay the foreign worker the same wages as employees in the US and demonstration that the company’s current employees will not experience negative outcomes from its decision to hire someone from abroad. 

How much is the H1-B Visa fee?

A recent announcement disclosed a 70% increase in the H-1B petition fees. However, certain small employers and nonprofits will benefit from reduced fees. The final rule, published in the Federal Register on January 31, establishes that the new fee schedule applies to USCIS petitions and applications postmarked on or after April 1, 2024. The agency asserts that these fee adjustments are essential to enhance processing times and ensure sufficient service quality, marking the first adjustment since December 2016, when there was a weighted average fee increase of 21%.

What does the H1-B Visa processing look like?

It involves the H-1B electronic registration and online filing processes, at the moment, new enhancements are meant to elevate this process. The introduction of new organizational accounts facilitates collaboration among multiple individuals within an organization for H-1B registrations. Additionally, legal representatives now can invite paralegals to assist in the preparation of H-1B registrations and petition drafts. These enhancements aim to streamline the process flow, offering account holders a more efficient experience and improved case management features.

How can I increase my chances of getting my H-1B visa?

While there is no method of increasing your chances of being chosen in the H-1B visa lottery, those with a master’s degree or higher are exempt from the annual cap that H-1B visas are subject to. Once selected in the H-1B visa lottery, however, the best way to increase your chances of obtaining an H-1B visa is to be diligent with your application. Make sure that you have all of the documents and proofs required to submit the application as soon as possible. 

Can I apply for H1-B Visa on my own?

Unless you are a self-employed entrepreneur (as mentioned above), you must have your US employer petition for your H-1B visa. This process can be very complex and difficult to navigate without legal support. An immigration attorney can make sure that you are well supported in every step of the H-1B visa application process. 

Kickstart your H1-B Visa application with us today

If you would like to know more about how to apply, including dates, updates, fees, and upcoming process upgrades, feel free to contact us. Whether you get picked in the H-1B lottery or not, there could be other pathways for you. We can discuss other alternatives and guide you through the immigration process seamlessly. Book an appointment with us here.