H-1B visa: Initial registration period to close on March 22, here's all you need to know
During this period, prospective petitioners and legal representatives must use an online account of US Citizenship and Immigration Services to register each beneficiary electronically for the selection process and pay the associated registration f...
During this period, prospective petitioners and legal representatives must use an online account of US Citizenship and Immigration Services to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary, US Citizenship and Immigration Services said on Monday.
Online account users will also be able to collaborate on registrations and petitions with enhanced organisational account features in their online accounts, it added.
Form I-129, petition for a non-immigrant worker, for H-1B petitions and Form I-907, request for premium processing service, are now accessible in USCIS online accounts, a media release said.
USCIS will begin accepting online filing of the forms for H-1B cap petitions on April 1. "We will announce when online filing of non-cap H-1B petitions is available," USCIS said.
H-1B visa application process: A step by step guide
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To get an H-1B visa, you need a company to sponsor you. If you're already in the US on a student visa, ask your employer if they can sponsor your H-1B. Otherwise, consult an immigration lawyer about your options.
Your sponsor can be your current or a new employer, as long as they're willing to support your application.
To get an H-1B visa, you need a company to sponsor you. If you're already in the US on a student visa, ask your employer if they can sponsor your H-1B. Otherwise, consult an immigration lawyer about ..
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Every company who want to hire a foreign worker on an H-1B visa needs to first complete and submit a Labor Condition Application (LCA) to the US Department of Labor (DOL). This document is crucial and serves as a guarantee that the company will follow specific rules, such as paying the prevailing wage and not negatively impacting US worker opportunities.
However, before getting the LCA approved by the DOL, the company must go through certain mandatory steps. These steps involve providing details about the job, ensuring proper wage standards are met, and meeting legal requirements to protect the rights of both the foreign worker and US workforce.
Every company who want to hire a foreign worker on an H-1B visa needs to first complete and submit a Labor Condition Application (LCA) to the US Department of Labor (DOL). This document is crucial an..
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To ensure H-1B visa workers aren't paid less than others doing similar jobs in the same area, the prevailing wage is used as a benchmark. This wage is confirmed by the state employment agency and should be met by the employer. If not, a wage determination is required.
There are three ways to find the prevailing wage: 1. National Prevailing Wage and Center (NPWC): This is the most reliable and recommended option - it offers "safe harbor status," meaning employers using the NPWC wage are less likely to face legal challenges related to underpaying workers.
2. Independent survey: An independent and credible source can conduct a wage survey to determine the prevailing wage.
3. Other legitimate sources: While possible, using other sources (besides the NPWC) is generally not advised due to potential legal risks.
To ensure H-1B visa workers aren't paid less than others doing similar jobs in the same area, the prevailing wage is used as a benchmark. This wage is confirmed by the state employment agency and sho..
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Once the employer acquires the current prevailing wage, the next step involves submitting the Labor Condition Application (LCA) through the completion of Form ETA 9035, which is filed with the Department of Labor (DOL). This application must be electronically submitted using the Foreign Labor Application Gateway (FLAG) system.
The submission should not exceed a six-month timeframe from the commencement date of the employment period.
In cases where employers face physical disabilities or lack internet accessibility, an alternative option is available. They may seek permission from the Office of Foreign Labor Certification (OFLC) for special consideration to submit their ETA 9035 application by mail.
Once the employer acquires the current prevailing wage, the next step involves submitting the Labor Condition Application (LCA) through the completion of Form ETA 9035, which is filed with the Depart..
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After concluding the Labor Condition Application (LCA) process, the employer can move forward with the submission of the H-1B petition by completing Form I-129, officially known as the Petition for Nonimmigrant Worker. It is crucial for the employer to attach an employment letter containing precise details such as the position's duties, employment dates, comprehensive job description, offered salary, position requirements, and contact information.
Supporting documents for the foreign employee, including academic qualifications, training certificates, membership records, resume, and a letter of support, should be included.
The final stage in the H-1B visa application process involves monitoring the petition's status. This can be done by entering the receipt number into the USCIS website. As soon as USCIS processes and records your application, they will update the status on their system.
After concluding the Labor Condition Application (LCA) process, the employer can move forward with the submission of the H-1B petition by completing Form I-129, officially known as the Petition for N..
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After your I-129 is approved, you will receive Form I-797 Notice of Action and you are one step closer to completing the process. Based on weather you're in the Us or not at the time, your next steps will change.
After your I-129 is approved, you will receive Form I-797 Notice of Action and you are one step closer to completing the process. Based on weather you're in the Us or not at the time, your next steps..
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If you are currently in the United States, your immigration status will automatically shift to H-1B, and the USCIS will update your I-94 record to reflect this change. It's essential to refrain from engaging in any employment activities until your status has officially transitioned.
To obtain an H-1B visa stamp, the process involves submitting DS-160 and scheduling a visa stamping appointment within 90 days before your intended start of work in the US This option is applicable to individuals already holding a valid nonimmigrant status, such as O-1, J-1, or L-1 status.
Alternatively, if you are currently residing in the US, you can opt for consular processing. This route requires traveling back to your home country to get the visa stamped at the US embassy or consulate there. It's important to note that consular processing entails additional applications and documentation. Additionally, there is a chance of administrative processing, which may potentially cause delays in your employment commencement.
If you are currently in the United States, your immigration status will automatically shift to H-1B, and the USCIS will update your I-94 record to reflect this change. It's essential to refrain from ..
Read More
Applicants who submitted their application outside of the United States, will not only have to complete the DS-160 form but also schedule and attend an interview at a US embassy or consulate. Following the approval of the I-129 form, the next step is to submit a nonimmigrant visa application at a US embassy or consulate in one's home country.
This process requires specific documentation and a face-to-face interview at the embassy or consulate. Upon successful visa issuance post-interview, the individual becomes eligible to travel to the United States.
The granted visa serves as a valid travel document to enter the United States. However, approval to enter the country is still required upon reaching a port of entry. Additionally, each visa comes with an expiration date, necessitating entry into the US before this expiration. Upon arrival at the airport or border, permission from the US Customs and Border Protection (CBP) is required for admission to the United States as an H-1B visa holder.
Applicants who submitted their application outside of the United States, will not only have to complete the DS-160 form but also schedule and attend an interview at a US embassy or consulate. Followi..
Registrations in the last three years vs acceptance:
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In 2022, there were a total of 308,613 registrations, from which 131,924 applications were selected for further processing. Moving to 2023, registrations increased to 483,927, with 127,600 applications being selected. In 2024, there was a notable rise in registrations, reaching 780,884, and the number of applications selected amounted to 188,400.
Important dates:
March 6: H-1B registration period opens
March 22: H-1B registration period closes
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March 31: Date by which US Citizen and Immigration Services intends to notify selected registrants.
April 1: The earliest day when you can submit H-1B petitions for the 2025 fiscal year that were chosen during the initial selection process.
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How to register?
In order to submit an H-1B registration, you must first create a USCIS online account.
The initial registration period for FY 2025 will open on March 6 and end on March 22. Both representatives and registrants must wait until March 1 to create and submit H-1B registrations.
Starting February 28, 2024, individuals submitting their own registrations (referred to as "registrants," including U.S. employers and U.S. agents) will use an "organizational" account, previously known as a "registrant" account. Registrants can create new organizational accounts from February 28, 2024. Existing registrant account holders can simply upgrade to an organizational account instead of making a new one.
Representatives can make an account anytime using the existing representative account type. If they already have a representative account, they don't need to create a new one. They can also upgrade to an organizational account starting on February 28, 2024.
What is the fee?
$10 is the fee for each registration and each registration is for a single beneficiary.
The U.S. Department of Treasury has approved a temporary increase in the daily credit card transaction limit from $24,999.99 to $39,999.99 per day for the FY 2024 H-1B cap season. This temporary increase is in response to stakeholder feedback and the volume of previous H-1B registrations that exceeded the daily credit card limit.
There is a daily transaction limit for credit cards of $24,999.99 per credit card per day. Alternatively, you can:
Process transactions using a checking account. The checking account information (routing and account number) must be from a financial institution located in the United States; or
Process transactions using a debit card from a financial institution located in the United States.
You can continue to use a credit card, limiting your daily credit card transactions to a total of $39,999.99 per card.