H-1B Visas – Rundown and Latest News
At a Glance
H-1B Lottery Registration Opens Soon – Registration opens at noon Eastern on March 6, 2024, and closes at noon Eastern on March 22, 2024.
New Rules for Fair Selection – USCIS has added new measures promoting equal chances of selection and preventing fraud.
What is H-1B? – The H-1B visa offers a pathway for U.S. companies to hire foreign professionals with specialized expertise, such as IT, engineering, healthcare, finance, education, architecture, and science. The visa/status may be granted for up to 3 years and extendable to 6 years, with an annual cap of 85,000 visas.
H-1B Requirements – A job offer in a specialty occupation and the necessary degree (Bachelor’s or higher) or its equivalent. Read on for details.
Interested in learning more? – Please request a consultation with an attorney by clicking here.
Latest Developments in H-1B
USCIS has announced that registration for this year’s H-1B lottery will open at noon Eastern on March 6, 2024, and will close at noon Eastern on March 22, 2024.
USCIS has announced new rules to strengthen the H-1B registration process and ensure a fair chance of selection. In previous years, some registrants found ways to increase their chances of selection by registering the same candidate under multiple different job offers. Under the new rule, registrations will be selected based on the individual’s passport number, meaning that every candidate will have an equal chance of being selected, regardless of how many registrations are filed on his or her behalf.
The new rule also allows USCIS to deny H-1B petitions where the underlying H-1B registration was fraudulent or invalid, ensuring that these visa numbers are made available to those who do not abuse the system.
USCIS has announced that they will share more details and updates on this year’s H-1B lottery in an upcoming webinar on February 21, 2024.
What is an H-1B Visa?
H-1B is a visa for professionals to work at U.S. companies in need of their specialized expertise. The visa is granted for an initial period of up to 3 years, and can be extended to a maximum of 6 years. H-1B is subject to an annual limitation, or “H-1B cap,” which limits the number of available visas to 85,000 per year, including 20,000 visas which are specifically reserved for candidates with at least a Master’s degree from U.S. institutions. Certain employers, such as universities and related non-profit organizations, are exempt from the H-1B cap.
Who is eligible for an H-1B Visa?
In order to apply for H-1B, the candidate must have both:
An offer of full-time employment in a specialty occupation from a U.S. employer, which means a job requiring at least a Bachelor’s degree or equivalent in a particular field (see below for more details).
The degree required by the offered position and specialty occupation, or its equivalent.
How do you apply for H-1B?
H-1B Cap Registration: Employers subject to the H-1B cap must register the candidate in the “H-1B lottery.” USCIS will randomly select 85,000 registrants, with preference given to candidates with U.S. Master’s Degrees for the first 20,000 selections. H-1B registration takes place March, and the lottery selection is completed after registration closes. This year’s H-1B lottery registration will take place between March 6, 2024 and March 22, 2024.
H-1B Petition: If the U.S. employer and candidate are randomly selected in the H-1B lottery, then the employer may file an H-1B petition on behalf of the candidate, for work to begin on October 1 or later.
H-1B Status or Visa: If the H-1B petition is approved while the candidate is in the U.S. in another non-immigrant status, then the candidate will automatically receive a change of status to H-1B, effective on the start date of the job. If the H-1B petition is approved while the candidate is outside of the U.S., then the candidate may apply for an H-1B visa at the U.S. Embassy or Consulate. Once approved, the candidate can use the visa to enter the U.S. up to 10 days before the job start date.
What is a “specialty occupation”?
For H-1B, the job that is offered by the U.S. employer must be a “specialty occupation.” In other words, the job must require highly specialized knowledge and at least a 4-year Bachelor’s degree in a specific academic field, or its equivalent. Some examples of specialty occupations include, but are not limited to:
Software developers, systems analysts, and IT professions generally require at least a Bachelor’s degree in computer science, information systems, or another tech-related field.
Engineering professions (such as civil, mechanical, electrical, etc.) generally require at least Bachelor’s degree in the related field of engineering.
Healthcare professionals such as physicians, dentists, and advanced practice nurses generally require a medical degree or Bachelor’s degree a field related to healthcare and medicine.
Financial analysts and economists generally require at least a Bachelor’s degree in economics, finance, or a related field.
Academics and educators, such as university professors and certain primary and secondary school teachers, generally require at least a Bachelor’s degree in education or the specific subject they intend to teach.
Architects and designers, such as industrial or interior design, generally require at least a Bachelor’s degree in architecture, design, or another specific field.
Scientists and researchers, such as those in biology, chemistry, or physics, generally require a Bachelor’s degree or higher in the specific field of science.
Importantly, there are some employers or occupations that may accept the equivalent of a degree through a combination of education, experience, and training instead of the degree itself. In this situation, a candidate does not necessarily need a Bachelor’s degree to be eligible for H-1B. While no two situations are the same, the general rule is that a candidate must have 3 years of professional work experience or training for every year of required post-secondary education.
Conclusion
Through the H-1B visa program, U.S. companies have the opportunity to enrich their teams with specialized talent from abroad, and foreign professionals have the opportunity to pursue their career goals and contribute their specialized skills in the U.S. Recent measures put in place by USCIS promise to ensure the integrity of the process and a level playing field for all participants.
If you are exploring the possibility of an H-1B visa, whether as a professional seeking to work in the U.S. or as an employer seeking to hire a foreign professional, please schedule a consultation with an attorney for expert advice and support on this complex process.
Written by: Attorney Jon-Marc LaRue Zitzkat
Juris Doctor, University of Connecticut. Admitted to the Connecticut bar.