What is an H-1B Visa?

The H-1B visa is for foreign workers who hold specialty occupations. Generally speaking, a specialty occupation is one “which requires the attainment of a bachelor’s degree or higher in a specific specialty as a minimum for entry into the occupation in the United States.” However, 12 years or more of a specialized knowledge in the field may be acceptable in lieu of a degree.

What to Know About H-1B Visas

There are two main requirements to obtaining an H-1B visa: employer must demonstrate a need for someone in a specialty occupation. Second, the foreign national must have the required degree –– or its equivalent –– in a subject closely related to the position.

Further, applicants must have a job offer from a qualified U.S. employer for work to be performed in the U.S., and the applicant must be paid according to market value. The employer must file an attestation with the Department of Labor stating that they will pay the applicant the prevailing wage.

Our office has successfully obtained H-1B visas for various positions, including: computer professionals, data programmers, technology officers, dieticians, electronics specialists, architects, accountants, doctors, lawyers, fashion designers, graphic designers, news writers, industrial designers, interior designers, investment analysts, market research analysts, range managers, marketing managers, psychologists, medical technologists, social workers, teachers (kindergarten, grade school, and high school), university professors, and all kinds of engineers among other degreed professions. 

Regular H-1B visas are subject to an annual cap. While those with advanced degrees (master’s degree or higher) have a slight advantage in the application process, there is a random lottery to determine which application will be approved. Certain H-1B visas are not counted against the statutory cap. 

H-1B Cap Registration Process

The application process for the H-1B visa requires the employer to file a Labor Condition Application (LCA) with the U.S. Department of Labor and submit a petition with the USCIS. This process usually takes several months. However, the USCIS offers an option for premium processing. For a $2,500 fee, the USCIS will process the petition in 15 days or fewer.

In January of 2020, the Department of Homeland Security published a notice that substantially changes the way H-1B cap petitions are processed. It’s worth noting here that the majority of H-1B petitions are subject to an annual cap, and there is typically a very high demand for those slots.

Last year over 480,000 H-1B petitions were submitted during the registration period. Yet only 85,000 spots were available. The USCIS conducts a random lottery to determine which petitions are accepted. (Individuals with master’s degrees now have a slightly better chance of obtaining an H-1B visa than the rest of the field.)

H-1B Visas Not Subject to the Annual Cap

Some H-1B petitions are not subject to the annual H-1B cap. These include individuals who already have been counted toward the cap in a previous year and have not been outside the U.S. subsequently for more than one year. Also, certain employers, such as universities, government-funded research organizations, and some nonprofit entities are exempt from the H-1B cap.

Additionally, there are also a certain number of H-1B visas reserved for citizens of Chile and Singapore.