Immigration Blog

H-1B visa season is upon us. Here is a handy breakdown of the process. Please do not hesitate to contact our office should you have any questions.

1. H-1B Qualification. The employee must qualify for a specialty occupation. A specialty occupation requires theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.
2. The Prevailing Wage and actual wage must be determined and compared. The H-1B sponsoring company is required to pay the higher of the two. The prevailing wage rate is defined as the average wage paid to similarly employed workers in a specific occupation in the area of intended employment. It is determined by the State Employment Security Agency by completing a special form, which asks the employer for the responsibilities, skills and experience needed for the job.
3. H-1B Registration. H-1B sponsoring company completes a registration process, which requires only basic information about the company and the requested workers. The registration is open for a brief period of time each year, typically in March. For 2022, the registration opens on March 9 and closes on March 25. Selection of the cases take place after the registration period closes.
4. H-1B Lottery. To be considered, your case must be selected into the H-1B lottery. There is an annual numerical limitation of 65,000 for H-1B visa status, with an additional 20,000 H-1B visas for foreign nationals holding US advanced degrees.
5. File the Labor Certification Application (LCA).If your case is accepted into the lottery, you must file a Labor Certification Application. The LCA is a form that contains information about the H-1B Sponsoring Company. By completing and signing the form, the sponsor company agrees to pay the higher of the two wages, confirms that the employment of the applicant will not adversely affect the conditions of other workers and that there is no strike for the specific occupation at the workplace. H-1B sponsor companies must attest that they will offer H1B visa holders the same benefits as their other workers. These benefits include health, life, retirement, stock options and bonuses. 
6. H-1B Petition assembled & filed with appropriate USCIS Service office. The filing must include the required forms, fees, documents and required information, such as form I-129, education & experience evaluation & documents, training certificates, professional memberships, resume, employment agreement and letter of support.
7. Adjudication. Processing times vary depending upon service center. If the petition meets the standard of specialty occupation and the employee meets requirements for the H-1B the offered job, the case will be approved.