The H-1B visa is a non-immigrant visa that allows foreign workers to work in the United States for a temporary period. The visa is granted to professionals who have a specialty occupation and have a job offer from a U.S. employer. The H-1B visa is popular among foreign workers as it provides an opportunity to work in the United States and eventually transition to permanent residency. In this article, we will discuss the H-1B visa registration process, its requirements, and other relevant information.
Overview of H-1B visa registration process
The H-1B visa registration process begins with the U.S. employer filing a Labor Condition Application (LCA) with the Department of Labor (DOL). The LCA attests that the foreign worker will be paid the prevailing wage for the position and will not adversely affect the working conditions of U.S. workers.
Once the LCA is certified by the DOL, the U.S. employer can file an H-1B petition with U.S. Citizenship and Immigration Services (USCIS). The H-1B petition must include evidence that the foreign worker meets the requirements for the specialty occupation, such as a bachelor's degree or higher in a related field.
If the H-1B petition is approved by USCIS, the foreign worker can apply for an H-1B visa at a U.S. consulate or embassy abroad. The H-1B visa allows the foreign worker to work in the United States for a period of up to three years, with the possibility of extensions up to six years.
H-1B visa registration requirements
To be eligible for an H-1B visa, the foreign worker must meet the following requirements:
Specialty occupation: The foreign worker must have a specialty occupation, which means a job that requires theoretical and practical application of a body of highly specialized knowledge.
Education: The foreign worker must have a bachelor's degree or higher in a related field. In some cases, a combination of education and work experience may be accepted in lieu of a degree.
Job offer: The foreign worker must have a job offer from a U.S. employer who is willing to sponsor their H-1B visa.
Prevailing wage: The U.S. employer must pay the foreign worker the prevailing wage for the position based on the geographic location of the job.
Non-immigrant intent: The foreign worker must have non-immigrant intent, which means they do not intend to stay in the United States permanently and plan to return to their home country after their visa expires.
H-1B visa lottery and registration process
Each year, USCIS accepts H-1B visa petitions for a limited number of slots. The annual cap for H-1B visas is 65,000, with an additional 20,000 slots reserved for foreign workers with advanced degrees from U.S. institutions.
When the number of H-1B visa petitions received by USCIS exceeds the annual cap, a random lottery is conducted to select the petitions that will be processed. USCIS uses a computer-generated random selection process to select the petitions.
In recent years, USCIS has implemented a new H-1B visa registration process, which requires U.S. employers to register their foreign workers online during a designated registration period. The registration period typically opens in March, and U.S. employers must register their foreign workers online within a specific time frame. The registration fee is $10.
After the registration period closes, USCIS conducts a lottery to select the petitions that will be processed. The selected U.S. employers are then notified, and they can file the H-1B visa petition for their foreign workers.
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