H-1B Work Visa

Serving Employers and Employees Nationwide

The H-1B is a temporary visa category that allows employers to petition for highly educated foreign professionals to work in specialty occupations which require at least a bachelor’s degree or the equivalent.

For those who don’t know much about the H-1B visa process, this page will give you information on how it works, who qualifies, and more importantly, how to apply.

Important H-1B 2024 Dates and Timelines

H-1B Registration Period

March 1 – March 18

Lottery Results Release Period

March – August

}

Petition Filing Deadline

June 30th

Effective Date of H-1B

October 1st

R

Validation Period of First Approved H1B

3 Years

Available to renew for another 3 years.

6 year maximum

H-1B Requirements

For Prospective Employees

Specialty Position Job Offer

Applicant must hold a job offer from a qualifying employer that requires specialized knowledge.

Proof of Advanced Education

Applicants must have proof of Bachelor’s Degree (U.S. or International) or equivalent relevant to offered position.

Applicant Pool Gap

Prospective employer must show there is a lack of qualified domestic talent for the role and the role offered to the potential is eligible.

For Prospective Employers

Compliant Recruitment & Job Description

Employer must ensure the job descriptions are compliant with a “specialty occupation”

Compliant Pay Rate & Salary

Salary must be above prevailing wages set by Department of Labor and be comparable to domestic wage structures for the position.

Labor Condition Application

Employer must be granted a Labor Condition Application by the Department of Labor.

H-1B FAQs for Employees

If you are a potential H1B employee, review these frequently asked questions for more information.

Can I apply for an H1B Visa?
The H1B visa must be filed by a potential employer. It cannot be filed by an individual.
What are the requirements of an H1B position?

The H1B position must be a specialty occupation, and the foreign national’s major must be relevant to the position.

What is a “specialty occupation?”
A “specialty occupation” is defined as “an occupation that requires (a) theoretical and practical application of a body of highly specialized knowledge and (b) 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.”
What is the H1B “cap?”
The H1B classification has an annual numerical limit (cap) of 65,000 new statuses/visas each fiscal year. An additional 20,000 petitions filed on behalf of beneficiaries with a master’s degree or higher from a U.S. institution of higher education are exempt from the cap.
Is an H1B Visa mandatory before applying for EB2/3 PERM?

It is not! The PERM process can be started while the prospective employee is outside of the United States.

Is the employee required to be in U.S. to apply for an H1B?

No. The prospective employee can be anywhere when the company files the H1B applications and must be on-site and start working under the status by October 1st if the H1B is approved.

If I was on a previous H1B and have since left the position, am I subject to the lottery again?

No, if your initial H1B was an H1B cap, you can reactivate your H1B status without registering for another lottery.

H-1B FAQs for Employers

Does your business qualify for H1B sponsorship? What considerations must you take prior to petitioning for an H1b required position?

How can I hire an H1B worker?
After acquiring a certified Labor Condition Application (LCA) from the U.S. Department of Labor, you must petition for the visa and submit supporting documents to USCIS.
Does my company need to be a certain size to hire an H1B employee?
There is no minimum required size for a company to petition for an H1B employee, but bigger companies have a better chance for approval.
Does my company need to generate a certain amount of revenue to hire an H1B employee?
There is no minimum revenue requirement for a company to petition for an H1B employee, but higher revenue companies have a better chance for approval.
Does my company need to be in a certain industry to hire an H1B employee?
H-1B employers could be in any industry. The business/entity must be real and bona fide and operating primarily in the United States.
Can I offer a part-time H1B position?

Yes, you can. The H1B position may be full or part-time.

Can I hire an H1B worker?

Yes, you can file H1-B concurrent as long as the other H1-B position is a part-time position and your offer H1-B position is also a part-time position (or one is full-time and the other is part-time), so the foreign labor worker works a reasonable 40-60 hours a week.

Can I terminate an H1B employee at will?

Yes, you can.

How do I determine if actual pay is above the required prevailing wage?

We can run a prevailing wage search based on the job title, job duties, and work location. We suggest you contact us or submit an inquiry below

Trusted by Corporations Worldwide

Recent Approved H1-B Positions

Accountant
Architecture
Analyst-Tech Products (Sr.)
Application Developer/Engineer
ServiceData Engineer (Sr.)
Application Development Manager
Applications Development and Support
Engineer
Budget Analyst
Business Intelligence Analyst
Cyber Security Engineer (Sr.)
Chef/Line Cook
CRM Siebel Developer
Director, Data Management & Analytics
Data Warehouse Developer (Sr.)
Data Engineer (Sr.)
Director, Data Management & Analytics
Engineer
(Commercial/Civil/Industrial/Material)
Engineer-Software Test Lead (Sr.)
Financial Analyst
Human Resource Specialist
IT Operations Analyst (Sr.)
IT Business Analyst (Sr.)
Information Security Engineer
Java Software Engineer (Sr.)
J2EE Technical Lead (Sr.)
Lawyer/Law Clerk
Model Validation Analyst
Model Development Lead
Marketing/Compensation and
Benefits/Construction Managers
Network Engineer (Sr.)
OpenShift Platforms Architect
Principal Quality Engineer
Principal Software Engineer
Quantitative Model Developer
QA Desktop Application Analyst
Software Engineer (Sr.)
Systems Analyst (Sr.)
Technical Business Analysis Engineer

Post-Filing Issues: Request for Evidence (RFE)

There are three common issues for post-filing requests for evidence: USCIS might say that the job isn’t a specialty occupation, they might not accept your qualifications, or you’ve changed your status in the US.

1 .Specialty Occupation

A common problem is that USCIS challenges if the proffered position is a specialty occupation. A specialty occupation is one that requires the theoretical and practical application of a body of highly specialized knowledge and that requires the attainment of a bachelor’s degree or higher in a specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States. To qualify as a specialty occupation the position must meet at least one of the following criteria:

    • A bachelor’s or higher degree or its equivalent that is normally the minimum entry requirement for the position; the required degree must be related to the position to be filled.
    • The degree requirement is common to the industry, or in the alternative, the position is so complex or unique that it can be performed only by an individual with a degree;
    • The employer normally requires a degree or its equivalent for the position; or the nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.

    2. Beneficiary’s Qualification

    This issue is very rare. This issue is to challenge the beneficiary’s qualification instead of the proffered position. In order to be qualified for this position, the beneficiary must obtain the minimum required education degree, and such degree must be related to the position to be filled and must obtain the special skills and knowledge required in this position.

    3. Change of Status

    A beneficiary can choose to change the status within the United States, or leave the country and obtain a valid visa to reentry. Most of the beneficiaries prefer to change the status to H-1B status within the United States to avoid traveling and risks of denial. To change the status within the United States, the beneficiary must in a valid nonimmigrant status at the time the instant petition was filed, or the requested start date of the instant petition, whichever is later.

    Do you have questions about H-1B positions, timelines, or common application issues? Contact Springdale Law Group today.