H1B Visa

The H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. A specialty occupation typically requires a higher education degree or its equivalent, and the foreign worker must possess the necessary qualifications and experience.

As we are approaching the H1B season for the FY 2025 early planning and action will pay off. Below are some key points to be aware of.

Key Steps in the H-1B Visa Process:

1. Labor Condition Application (LCA):

   • Before filing an H1B petition, employers must obtain certification of an LCA from the U.S. Department of Labor (DOL).
   • The LCA ensures that employing a foreign worker will not adversely affect the working conditions of U.S. employees in similar positions.

2. File the H1B Petition:

   • Once the LCA is certified, employers can file the Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS).
   • This petition includes documentation such as the employer’s support letter, the foreign worker’s qualifications, and evidence of the position’s specialty nature.

3. USCIS Review and Approval:

   • USCIS reviews the H-1B petition to ensure compliance with regulations and verifies that the foreign worker meets the necessary qualifications.
   • If approved, USCIS issues an I-797 Notice of Approval.

4. Consular Processing or Change of Status:

   • Depending on the foreign worker’s circumstances, they may need to apply for an H-1B visa at a U.S. consulate or seek a change of status if already in the U.S.
   • Consular processing requires attending a visa interview at a U.S. consulate abroad.

5. I-94 Arrival/Departure Record:

   • Upon entry into the U.S., foreign workers receive an I-94 form, documenting their authorized stay duration.

Challenges and Considerations:

• H-1B Cap and Lottery System:

  • The H-1B program has an annual cap, leading to a lottery system for the available slots. Employers must be strategic in filing petitions early to maximize their chances.

• Public Access Files and Record-Keeping:

  • Employers must maintain Public Access Files containing key H-1B documents, ensuring compliance with record-keeping requirements.

• Potential Changes in Immigration Policies:

  • Given the dynamic nature of immigration policies, it’s crucial to stay informed about any updates or changes that may impact the H-1B visa process.

Key dates for the FY 2025 H1B Application Process:

• Feb. 21: Petitioners can create H1B accounts at Noon
• March 1(6): H1B registration period opens at Noon
• March (17)20: H1B registration period closes at 5:00 p.m.
• March 31: Date by which USCIS notifies selected petitioners
• April 1: The earliest date that FY 2025 H1B cap-subject petitions based on the registrations selected during the initial FY 2025 selection period may be filed
• August 2: FY 2025 H1B cap-subject petitions based on registrations selected in the second round of selection may be filed

* Dates are approximate and may be subject to change

Disclaimer

The material in this post represents general information and should not be deemed legal advice. Any use of the website DOES NOT create or constitute an attorney-client relationship between German American Real Estate & Immigration Law Center, LLC (law firm) or any employee of or other person associated with the law firm and a user of this website. It is intended as an educational resource for
understanding the laws. Since the law is continually changing, some parts of this website may become outdated before the next update. It is always best to consult an attorney about your legal rights and responsibilities regarding your particular case.