The H-1B program allows American companies/organizations to employ foreign workers who possess both a theoretical or practical application of a body of highly specialized knowledge and a bachelor’s degree or its equivalent.

An alien can be in H-1B status for a maximum period of 6 years at a time. After that time, an alien must remain outside the U.S. for one year before another H-1B petition can be approved. This is subject to certain exceptions such as aliens working on projects for the department of defense. In addition, certain aliens may obtain an extension of H-1B statis beyond the 6-year maximum period when:

• 365 days or more have passed since filing any application for labor certification (LCA), Form ETA 750, that is required or used by the alien to obtain status as an EB immigrant,

• 365 days or more have passed since filing of an EB immigrant petition.

To be eligible for H-1B status:

• You MUST be employed in a specialty occupation related to your field of study.
• Have a minimum of a 4-year bachelor’s degree or equivalent.
• Be paid the “prevailing wage” or the “actual wage”, whichever is higher.

2020 Process and Visa Cap

In 2020 USCIS altered the application process for H-1B visas. Now petitioners are required to electronically register each H-1B visa petition they want to submit and pay a $10 registration fee for each H-1B visa petition they plan to file. Employers will only be able to file H-1B visa petitions for those registrations that are chosen in a random lottery.

The order by which USCIS selects petitions under the H-1B visa cap and the advanced degree exemptions are reversed from the previous process.  Previously 65,000 visas were available to foreign nationals with a bachelor’s degree or higher from a U.S. institution or foreign equivalent, plus an additional 20,000 visas were available for those with a bachelor’s degree or higher from a U.S. institution. Under the new rules, the 65,000 H-1B visas available will be reserved for foreign nationals with a master’s degree or higher from a U.S. institution, and the additional 20,000 H-1B visas will be for those with a bachelor’s degree or higher from a U.S. institution or foreign equivalent.

Registration will open on March 1, 2020 and will close on March 20, 2020. Petitioning employers will have at least 90 days from the date the registration is selected to submit a complete H-1B visa petition to USCIS.

Note: some H-1b petitions are exempt from numerical caps such as non-profit organizations or governmental and non-profit research institutions.

President Trump has suspended the issuance of most H-1B visas until the end of 2020. However, persons inside the U.S. may change their status to H-1B and extend their current H-1B.

Please contact our office for further information.