The H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. These occupations typically require the theoretical and practical application of a body of highly specialized knowledge, along with at least a bachelor’s degree or its equivalent in the specific specialty. Common fields for H-1B visas include, but are not limited to, IT, finance, engineering, mathematics, science, and medicine.

Eligibility Requirements:To qualify for an H-1B visa, the following criteria must be met:

1. Specialty Occupation:  The job must meet one of the following criteria: require a bachelor’s degree or higher (or its equivalent), the degree requirement is common for the job in the industry, or the job is so specialized or complex that it can only be performed by someone with at least a bachelor’s degree in a field related to the position.
2. Degree Requirement: The foreign worker must hold a U.S. bachelor’s degree or higher from an accredited college or university in the specific specialty that the job requires. If the degree was obtained from a foreign institution, it must be equivalent to a U.S. bachelor’s degree or higher.
3. Employer-Employee Relationship: There must be a valid employer-employee relationship with the U.S. employer who files the H-1B petition. The employer must have the right to control the work of the employee.

H-1B Lottery Registration Process for 2024:The H-1B visa has an annual cap of 65,000 visas for foreign workers in specialty occupations, with an additional 20,000 visas available to those who have earned a master’s degree or higher from a U.S. institution of higher education.  As a result of increased demand for H-1B visas, the government has developed a lottery system to identify candidates who will be eligible, upon lottery selection, to submit a full H-1B petition for adjudication.

Registration and Lottery Dates:For the fiscal year 2024, the H-1B lottery registration process is expected to open in early March. Employers must register their prospective employees for the lottery during this registration period, which typically lasts for approximately two weeks. For this year’s lottery, employers must submit their registrations between March 6 and March 22.  Selected registrants will be notified on March 31, with an opportunity to submit their petitions between April 1 and June 30.  

Process for Cap-Subject Petitions

1. Registration:  Employers must submit a registration for each employee they wish to sponsor for an H-1B visa through the USCIS online portal. A nominal fee is required for each registration.
2. Lottery Selection: After the registration period closes, USCIS conducts a random selection process (lottery) to determine which registrations will be eligible to file an H-1B petition.
3. Petition Filing: Employers of selected registrations are notified and given a specific period, usually 90 days, to submit a complete H-1B petition for the employee.
4. Adjudication: USCIS reviews and adjudicates the petitions. If approved, the visa allows the employee to begin work on October 1st of the fiscal year for which they are applying.

ConclusionThe H-1B visa process is competitive and time-sensitive, requiring precise attention to eligibility, deadlines, and detailed documentation. Employers interested in sponsoring foreign workers under the H-1B visa program should begin preparations well in advance of the registration opening to ensure a smooth and timely application process.  Please contact Agarwal Law Group before March 10, 2024 to ensure timely registration of your H-1B employees.