The H-1B visa is a temporary or nonimmigrant U.S. visa for foreign nationals seeking
temporary entry into the United States for employment in specialty occupations. Applicants are selected
for adjudication via lottery and are subject to a cap on the number of visas that will be approved.

The H-1B allows U.S. companies to employ foreign nationals with theoretical or technical knowledge in a
specialty occupation. It has enabled leading U.S. tech companies to recruit the talent needed –
especially in science, technology, engineering, and mathematics – for America to dominate the world in
the arena of technical innovation.

Jobs that suit the H-1B visa require a university degree, the equivalent or higher. The equivalent of a
bachelor’s degree is considered three years of work experience for each year spent at university.

H-1B Visa Validity

The H-1B visa is valid for Three years and can be extended one time for an additional
three years. In general, the H-1B is valid for a maximum of six years.

However, there’s a caveat when transitioning from an H-1B visa to a green card. The individual can
perpetually extend their H-1B visa by filing for an EB-1, EB-2, or EB-3 before the end
of the fifth year.

In this situation, people have to stay with the same company to retain their place in line. If the
individual decides to switch companies, they have to begin the entire process over.

Quick links …

 H-1 Visa Lottery
H-1B Visa Requirements
Advice for applicants
H-1B Visa Process: How to
Apply
H-1B Visa fees
H-1B Registration
Labor Condition Application
(LCA)

H-1B Lottery

USCIS randomly selects registrants to submit their complete H-1B visa petition using a
lottery system.

The annual H-1B visa limit is 85,000. There are 65,000 regular H-1B visas each year and
an additional 20,000 visas reserved for applicants with advanced degrees.

Some exceptions to the H-1B visa cap include people entering the U.S. to work in higher
education or affiliated research/non-profit organizations.

Of the 65,000 regular H-1B visas, 6,800 are specifically for citizens of Chile and Singapore under the
H1-B1 visa.

H-1B Visa Requirements

H-1B visa applications require a petitioner (the employer) and beneficiary (employee).

The beneficiary must meet a minimum of one of the following requirements:

• Have completed a bachelor’s degree (or higher) in the same field as their
  specialty occupation from an accredited university.
• Hold a foreign degree equivalent to a bachelor’s degree or higher in the same
  field as the specialty occupation.
• Hold an unrestricted state license registration or certification in the specialty occupation
  field in the intended state of employment.
• Have verifiable and recognized education, experience, or training in the specialty
  equivalent to a bachelor’s degree or higher.

H-1B Documents and Application Process

Step 1: Employer/Agent submits Labor Conditions Application to the Department of Labor
(DOL) for certification of an LCA.

Step 2: Employer/Agent submits the completed Form I-129, Petition for a Nonimmigrant
Worker, to the designated USCIS service center. The DOL-certified LCA must accompany the I-129 petition.

Step 3: Upon I-129 petition approval, the prospective H-1B worker may apply with the
U.S. Department of State (DOS) at a U.S. embassy or consulate abroad for an H-1B visa (or admission if a
visa is required).

The prospective H-1B worker must apply to U.S. Customs and Border Protection (CBP) for admission under an
H-1B classification regardless of whether a visa is required to enter the U.S.

H-1B Registration

The initial H-1B Electronic Registration opens at noon Eastern Time (E.T.) on March 9th and runs through
noon E.T. on March 25th. USCIS does not accept H-1B registrations before then. The lottery winners are
notified by March 31st.

Each petitioning company will need to create an account at my.uscis.gov. The individual creating this
account should be the person that will sign your I-129 and G-28 forms. Selecting the correct
account type is critical to success.

There are three types of USCIS online accounts:

1. Applicant, petitioner, or requestor account – Use to prepare and file
   applications, petitions, or other benefit requests. You cannot prepare or submit H-1B
   registrations using this type of account.
2. Attorney or representative account – Select this option for attorneys or
   accredited representatives submitting H-1B registrations on behalf of a prospective petitioner.
   (Form-G-28 Notice of Entry of Appearance as Attorney or Accredited Representative)
3. Registrant account – A prospective petitioner must create this account to
   participate in the H-1B registration process, regardless of whether they will be using an
   attorney or accredited representative to submit the registration.

We register our corporate clients free of charge; only pay the $10 registration fee to
USCIS.

USCIS found the most common causes of H-1B lottery ineligibility was:

• Creating the wrong type of account; and
• Entering the same beneficiary more than once.

Each sponsor may only submit one registration per beneficiary. If a single sponsor
registers the same beneficiary more than once, then USCIS will “remove all registrations submitted for
that beneficiary by that prospective petitioner from the selection process.”

• However, a single sponsor can submit registrations for multiple beneficiaries and;
• A single beneficiary can have registrations submitted by multiple sponsors

Chosen registrations are eligible to file H-1B cap-subject petitions.

1. USCIS will conduct the lottery and choose the beneficiaries that will go on to be filed and
   processed.
2. Within 90 days, the selected registrants’ employers will file the H-1B petitions with USCIS for
   processing along with filing fees and supporting documents.
3. If the petition is approved, the H-1B visa will be issued, and the beneficiary’s start date will
   be October 21st, 2021.

H-1B Specialty Occupations

Field may include (but are not limited to) the following. If your area of work is not in one of the
fields of work listed below, please contact us and we will be happy to advise.

Labor Condition Application (LCA) for H-1B

Another part of the H-1B application process is the Labor Certification Application or LCA. The H-1B
requires a Labor Condition Application (LCA) that ensures equal opportunity, pay, and working conditions
for foreign workers and to protect the interest of U.S. citizens and residents.

H-1B Visa Fees

Who pays H-1B fees, and how much does it cost? The employer is responsible for paying applicable fees to
USCIS. An exception is when opting for Premium Processing; either the petitioner or beneficiary may pay.

An employee is responsible for the costs related to getting their visa at their U.S. embassy or consulate
and visa fees for dependents.

• $10 registration fee
• Basic filing fee $460 (I-129)
• USCIS anti-fraud fee $500
• ACWIA Education and Training
• Companies with 25 or fewer employees – $750
• Companies with more than 25 employees – $1,500
• Premium Processing (optional) $2,500
• Additional Public Law 114-113 fee of $4000

H-1B visa petitioners pay the additional $4,000 fee only if all of the following apply:

• The company employees 50 or more employees in the U.S.;
• More than half of U.S.-based employees are in H-1B, L-1A, or L-1B nonimmigrant status;
• Filed an H-1B petition to:
• Seek initial H-1B nonimmigrant status for an alien, or
• Obtain authorization for an H-1B worker to change employers.

The additional fee does NOT apply to:

• The same petitioner files H-1B extension requests for the same employee,
• H-1B amended petitions, or
• Petitions are for other employment-based visa categories (H-1B1, H-2A, H-2B, etc.)