H1B Information

The H-1B visa classification is intended for non-immigrants who will be employed temporarily in a specialty occupation that typically requires a bachelor's degree or higher. It also applies to fashion models with distinguished merit and ability. Currently, there is an annual limit of 65,000 visas available for issuance or granting of H-1B status. However, an additional 20,000 slots are reserved for graduates of U.S. Master's degree programs or higher.

The H-1B program enables U.S. companies and other employers to hire foreign workers temporarily for specialty occupations that demand at least a bachelor's degree or equivalent in a specific field. These specialty occupations encompass various fields such as architecture, engineering, mathematics, medicine and health, education, business specialties, accounting, law, and more.

Each fiscal year, there is a cap on the number of H-1B visas issued. To meet this cap, the U.S. Citizenship and Immigration Services (USCIS) implemented an electronic registration process in 2020. First-time H-1B applicants must register their entry with USCIS, and then a lottery system is used to determine who can proceed with the visa petition.

However, certain situations are exempt from the annual cap and the lottery. H-1B holders seeking to extend their current authorization, amend their terms of employment, transfer between employers, or work concurrently with a second H-1B job are not subject to the cap or lottery.

To obtain approval for an H-1B petition from USCIS, the employer must demonstrate that the job entails a specialty occupation. Generally, this means the job requires at least a bachelor's degree or equivalent work experience in a specialized field. The sponsored individual (beneficiary) must meet this requirement, and if the job necessitates a license, the beneficiary must hold the appropriate license.

The H-1B process involves two steps. First, the employer submits a Labor Condition Application (LCA) to the Department of Labor (DOL) for certification. Second, the employer files a petition with the USCIS to secure H-1B classification for the foreign worker.

1. 1. Throughout the entire authorized employment period (typically three years), the employer will pay the H-1B worker(s) at least the higher of:
• a. The actual wage level paid to other individuals with similar experience and qualifications for the specific position.
• b. The prevailing wage level for the occupational classification in the geographic area of intended employment. Assistance can be provided to determine the prevailing wage.
2. 2. The employment of the H-1B worker will not negatively impact the working conditions of similarly employed workers in the intended area of employment.
3. 3. At the time of LCA submission, there was no labor dispute-related strike, lockout, or work stoppage in the relevant occupation at the place of employment. If a strike occurs, the employer must notify the DOL within three days.
4. 4. Prior to submitting the LCA, notice of the application was posted in two prominent locations within the employer's establishment. If a collective bargaining agreement applies, notice must be given to the collective bargaining representative instead of posting.

The LCA procedure primarily relies on complaints. An investigation into the accuracy of the LCA typically occurs only if a complaint is filed by an affected party. If a violation is found, the DOL Wage and Hour Administrator may impose fines, bar the employer from future visas for at least one year, and order payment of back wages. Signing an LCA with material misrepresentation can also lead to penalties for perjury, including fines and incarceration.

When employing an alien worker on a H1-B classification the employer must maintain a “Public Access” folder on behalf of the alien worker and the employer must make available for inspection certain documentation about the LCA. This folder must be retained for one year beyond the end of the period of employment specified on the LCA.

Please be aware that immigration laws in the United States are subject to frequent changes. The information provided on this website was accurate at the time of updating. However, to obtain the most accurate and up-to-date information, it is strongly recommended that you seek guidance from an immigration attorney or consult with the U.S. Citizenship and Immigration Services (USCIS).