Business Specialty Visa Plan Specialty H1-B visa

Specialty H1-B visa

The H-1B visa allows United States employers to temporarily employ foreign workers in a job that requires specialized knowledge or experience — known as specialty occupations — to work in the US. Examples of specialty fields are biotechnology, chemistry, computing, architecture, engineering, statistics, physical sciences, and journalism. In health, it can include medicine, dentistry, nursing, physiotherapy, economics, education, research, law, accounting, business specialties, technical writing, theology, and the arts, among others.

Typically, a specialty occupation requires specialized knowledge and a bachelor’s degree, but equivalent work experience is also accepted. With an H1-B visa, you can stay and work in the US for three years, up to a maximum of six years with an extension.

How many H1-B visas are available each year?

There is a ceiling to the number of H-1B visas that can be issued each year: in 2019, 188,123 H1-B visas were issued. Even in 2020, with the COVID-19 pandemic in full force, 124,983 H1-B visas were issued though most other US visas saw a steep decline.

The Immigration Act of 1990 established a quota of 65,000 H1-B visas per fiscal year starting October 1. An additional 20,000 H-1B visas are available to non-US citizens with a master’s degree or higher from a US university. Thus, the total number of H1-B visas available annually is 85,000, although several other categories are not included in this quota limit.

For example, the annual quota does not include H1-B visas given by institutions of higher education or nonprofit organizations related to them, and governmental research organizations. Contractors working at these institutions may be exempted even if they are not directly employed by them. The only condition is that they should primarily perform their duties at the qualifying institutions and further their goals.

Some visas from this quota — 1,400 for Chile and 5,400 for Singapore — are set aside in accordance with free trade agreements the US signed with those countries.

If a year’s quota is not fully used up, it gets added to the following year’s quota. As a result, the number of H-1B visas issued each year is often greater than 65,000. In 2019, 188,123 H1-B were issued. The following year, in the thick of the coronavirus pandemic, 124,983 H1-B visas were issued, though most other visa categories saw a steep drop.

Who is eligible for an H1-B visa?

There are three groups of H1-B visas —

H1-B1 visa Specialty Occupations

H1-B2 visa Department of Defence Researcher or Development Project Worker

H1-B3 visa Fashion model

To be eligible for the first two of these H1-B visas, the work you are being recruited for must require the theoretical and practical application of highly specialized knowledge. Secondly, you should have a bachelor’s degree or higher in that specific specialty (or an equivalent number of years of experience in that specialty). These are minimum requirements.

Fashion models applying for an H1-B3 visa must be internationally or nationally recognized. The position being offered to them or the services they will perform in the US must require a fashion model of prominence or distinguished merit and ability.

In all cases, the US employer must pay at least the prevailing minimum wage for that occupation, or the actual compensation being paid by employers to similar specialists or models, whichever is higher.

You can browse a detailed list of other required eligibility criteria for each of the three visa categories online.

What is the H1-B lottery?

The highly popular H-1B visa is probably the only visa associated with a lottery, usually applicable to first-time applicants. Earlier, the lottery used to be held every April, but since late 2019, the US Citizenship and Immigration Services (USCIS) has implemented the H-1B Electronic Registration System for running the lottery.

A US employer wishing to bring in foreign workers on H1-B visas needs to first register them electronically, paying a $10 electronic registration fee and submitting basic information.

Formal registrations open from March 1 to 20, and the USCIS provides detailed instructions on how to complete the online registration process, including key dates and other timeline requirements.

In the lottery process, applications with Master’s degrees will get thrown into the lottery pool first and 20,000, the total quota, will be randomly selected. The excess applications over the 20,000 quotas will be thrown into the pool of regular applications for the next lottery round in which 65,000 will be randomly selected. As a result, applicants with Master’s degrees are considered twice during the lottery rounds.

How long can you stay in the US on an H1-B visa?

The H1-B is initially valid for three years. However, you may apply for an extension of a further three years, for a maximum of six years. However, the H1-B is recognized as a dual intent visa — meaning that you may intend to apply for permanent residency after working in the US on an H1-B visa.

Towards the end of your H1-B visa stay, your employer can file Form I-140 (Petition for Alien Worker) on your behalf requesting that you be classified as an alien worker eligible for immigration.

Once the I-140 is approved, you can submit Form I-485 requesting that your visa status be changed from H1-B to Green Card.

How do you apply for an H1-B visa?

Since the H1-B visa is directly linked to employment, finding a US employer is the first step.

1. Find an employer/ sponsor: If you’re already in the United States — for example as a graduating, job-seeking student on an F1 visa — you should check with your prospective employer if they can sponsor you on an H-1B visa. In other cases, look for an immigration attorney who could help you. A list of top-tier professional, individual vetted US immigration attorneys is available to you with your plan.

If you live outside the US and have been selected by a US company for a job in the United States, you can check with them if they would be willing to file a petition with the USCIS seeking an H1-B visa for you.

2. The employer finds out the Prevailing Wage: This essential step ensures that you do not get underpaid compared to others offering similar skills and performing similar work. The employer must get the prevailing and actual wages confirmed by the State Employment Security Agency. If the prevailing wage is greater than the offer you have received from the prospective employer, then the employer must seek a wage determination so that you are not underpaid. The employer could seek to know the prevailing wage in a specific location from the Foreign Labor Certification Data Center, which maintains location-specific records of prevailing wages.
3. The employer submits Form ETA-9035: This is also known as a Labor Condition Application (LCA) and must be filed by the employer with the Department of Labor (DOL). This form must be filed electronically with the Foreign Labor Certification Data Center not more than six months before the job’s start date.
4. Your employer registers the H1-B applicant online: Your sponsoring employer will need to electronically register your details with USCIS during the specified registration period (March 1 to 20), paying the $10 registration fee. Effectively, you are now in line to be considered during the visa lottery.
5. The USCIS conducts the lottery: If your application is selected in the lottery, your sponsoring US employer will be notified through a Notice of Action (Form I-797C). This will include a 19-digit Beneficiary Confirmation Number and the Case Type.
6. The employer files an H1-B petition with the USCIS: He will do this using Form I-129 requesting an H1-B visa for you to enter and work in the US in a specialty job. The filing must include the fees, an evaluation of your education and experience, and documents, training certificates and any professional membership documents, in addition to your resumé, employment agreement, and letter of support.

The H1-B visa doesn’t come cheap. Your employer will pay the following —

$300 Basic Fee for Visa Filing

$750 or $1,150 AICWA or American Competitiveness and Workforce Improvement Act training fee that varies with the number of employees in the company

$500 Fraud Prevention and Detection Fee

$4,000 Public Law fee if the H-1B employer has over 50 employees more than half of whom hold H-1B visas.

Although the processing time is normally 3-4 months, this can be expedited by paying a premium processing fee of $1,225.

If the USCIS approves the petition, they will send an approval notice on Form I-797 to your employer, who will forward it to you.

2. Apply for a Non-Immigrant Visa online through form DS-160: If you live outside the US, you can continue the process through Consular Processing. First, you must apply online for a nonimmigrant visa, by submitting Form DS-160. To do this efficiently and successfully, keep the following at hand before going online —

• Your passport, with at least 6 months validity.
• A visa photograph (to upload). The photo should conform to US Immigration photo specifications.
• Travel itinerary.
• Dates of every international trip you have made in your last five years, including to the US.
• Information on your current and previous education and work history.
• A copy of the I-129 form.
• A copy of the I-797 form.

More information about filling out the DS-160 form is available online. Remember to print out the DS-160 application confirmation page after completing the form. You will need it at the interview.

3. Pay the visa application fee: This is $190 for the DS-160 application for an H1-B visa and can be paid online. If your company has more than 50 employees in the US and over half of them hold H-1B or L visas, you may be asked to pay an additional $2,250.

Be sure to print out a receipt confirming your payment. You will need it at the visa interview later. In some countries, this fee is payable at the time of your interview, and in others, it must be paid in advance.

4. Find your nearest US Embassy or Consulate. You can find the address online or by checking the global list of US Embassies and Consulates. Make a note of the address. You will need it in the next step.
5. Schedule your visa interview. Contact the US Embassy or Consulate nearest to you, preferably the one you named on the DS-160 form and schedule your interview. Since different embassies have different waiting periods, check the embassy’s website to find out how long you’ll have to wait.
6. Gather the necessary documents. You will need the following —

• Your passport, with at least 6 months validity.
• Old passports
• One photograph, conforming to US photo specifications
• Form DS-160 online submission confirmation with CEAC barcode.
• Receipt for visa fees paid. You need to pay the fees in advance before taking an appointment.
• Original interview appointment letter and one copy.
• I-129 Petition Receipt Number, printed on approved Form I-129 petition
• Copy of Form I-797 approval. The original Form I-797 is not required for the interview.

Supporting Documents

• Original Form I-129 and one copy.
• A recent letter from the employer that describes your proposed duties and intention to hire you.
• Work experience letters from your previous employers that indicate your employment history, experience, and specific work skills.
• Original degree certificates along with mark sheets and transcripts. Secondary school information is not required.
• Relevant diplomas or certificates, e.g. computer certification.
• Photocopies of the first page, last page, and remarks pages of your current passport.
• Pay stubs from your current or last place of employment and a recent income tax return.

For first-time applicants

• Names and current phone numbers of the personnel managers at the applicant’s present and past jobs.
• Photographs of the inside and outside of the current or most recent employer’s place of business.
• Names and contact information of two co-workers from your current or most recent place of employment.
• Names and contact information of two co-workers from past jobs.
• A complete resume and cover letter describing current job duties in detail.
• Personal bank records for the last six months.
• US company information: photographs of the inside and outside of the company’s offices, prospectus, brochures, and annual report.
• Resumé or CV.

7. Go for the visa interview. The visa officer may request additional documents at his or her discretion and these requirements may vary from country to country.

How much does an H1-B visa cost?

There can be several costs for getting an H1-B visa, most of which will be borne by the employer.

$10 H1B Online Registration

$460 Basic fee for visa filing

$750 or $1,500 AICWA or American Competitiveness and Workforce Improvement Act training fee that varies with the number of employees in the company

$500 Fraud Prevention and Detection Fee

$4,000 Public Law fee if the H-1B employer has over 50 employees more than half of whom hold H-1B visas.

$190 DS-160 Non-Immigrant Visa Application processing fee

Need more help?

You may feel that you would like to have professional help in making your application or would perhaps like to consult a specialized immigration lawyer who specializes in immigration and visa matters. In this case, you can explore some of your options, including how to access our exclusive list of professional immigration lawyers.

If you have questions or would like clarifications, please send us an email. We’ll do our best to get back to you within 24 hours with an answer.