Visa Focus Friday: Featuring Employment-Based Immigration Visa Categories

Welcome to Visa Focus Friday, where we spotlight key employment-based visas in U.S. immigration.  Each week, we will provide insights into visa categories for foreign workers, helping to navigate the complexities of the immigration process.

This week, we are highlighting the H-1B visa, one of the most widely used employment-based visa categories for skilled foreign workers in specialty occupations.

The H-1B visa allows U.S. employers to hire foreign workers for specialized positions that require at least a bachelor’s degree or its equivalent in a specific field. This visa is especially important in industries such as technology, engineering, healthcare, and finance, where there is a high demand for specialized expertise.

Key Facts about the H-1B Visa:
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• Annual Cap – There is an annual cap of 85,000 H-1B visas, with 65,000 available for general applicants and 20,000 reserved for individuals holding a U.S. master’s degree or higher.
• Application Period – The H-1B visa lottery opens on March 7th and runs through March 24th. Once the applicants have been selected, USCIS will begin accepting the selected applications on April 1st.
• Duration – H-1B visas are typically issued for an initial period of three years, with the option to extend for up to six years. In certain cases, extensions beyond six years may be possible if the individual is pursuing permanent residency (a green card).

Employer Obligations

Employers have several responsibilities when sponsoring an H-1B visa, including:

• Registering the applicant: Electronically register the applicant for the H-1B visa.
• Filing the petition: File Form I-129 (Petition for a Nonimmigrant Worker) with USCIS.
• Obtaining the LCA: File Form ETA-9035E with the Department of Labor (DOL) to obtain a Labor Condition Application (LCA).
• Paying the prevailing wage: Pay the higher of the actual wage or the prevailing wage for the job.
• Maintaining records: Keep a public access file with information about the required wage and notice posting.
• Notifying USCIS of termination: If the employment relationship ends, notify USCIS so the petition's approval can be revoked.
• Providing transportation home: In some circumstances, provide the H-1B employee with an offer of transportation home.
• Updating governmental agencies: Notify government agencies of any material changes to the employment situation.

For both employers and employees, understanding the intricacies of the H-1B visa is crucial to submitting a successful petition.  Staying informed on deadlines, eligibility requirements, and best practices for petition submission can greatly increase the chances of approval.

Stay tuned for next week’s Visa Focus Friday, where we will cover another essential visa category in the employment-based immigration process.

We look forward to helping you navigate the complexities of the U.S. immigration system!

If you have questions about your visa status or if you are an employer exploring immigration options, we are here to help.  At the Law Office of Julia L. Stommes, we are committed to helping individuals and businesses navigate complex legal landscapes.
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The information provided in this blog is intended for general informational purposes only and should not be construed as legal advice.  To schedule a Consultation to discuss your legal immigration options, please email us at [email protected].