National H1B Visa Service for FY 2023 Application Period is Open!

The H-1B visa program allows American companies to employ foreign workers who possess a bachelor’s degree or its equivalent, for a temporary period of three years that can be extended for another three years if eligible. To qualify, foreign workers must be employed in a specialty occupation related to their field of study.

How does the new lottery system work?

• In the past, to be eligible for the lottery, the petitioners of H1B has to prepare a complete application package to be submitted to the USCIS at the beginning of April in each year.

• Since 2020, USCIS has implemented a new electronic registration process. Under this process, the prospective petitioners should complete an online registration process that requires only basic information about the prospective petitioner and each requested worker, and pay the associated $10 H-1B registration fee for each beneficiary.

• The H-1B selection process will then be run on properly submitted electronic registrations. Only those with selected registrations will be eligible to file H-1B cap-subject petitions.

• Oliver-Zhang Law offers FREE service for the electronic registration process (typically $450 dollars) if you retain us for your H1-B application. If you are not selected in the lottery, your attorney fee will be returned in full.

How many H1B Visas are available each year? 

H1B visas are numerically limited, with a total of 85,000 visas available each fiscal year (20,000 of these visas are restricted to individuals who have received master’s degrees or higher from U.S colleges or universities).

How long can you hold an H1B Visa?

A person may hold H1B status for a maximum of six years, and it may be issued in increments of up to three years by the USCIS. An employee may receive extensions of H1B status beyond six years in certain circumstances, if s/he is in the process of applying for employment-based permanent residence (commonly referred to as the “green card”).

Requirements for the Employee

• The employee must have a bachelor’s degree or the equivalent experience.

• The degree can be received from an institution in the USA, or in a foreign country. The degree must be from an accredited university or college.

• The employee must hold an unrestricted state license, registration, or certification that authorizes you to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment.

What Kind of Position is a Specialty Position?

The position must also meet one of the following criteria to qualify as a specialty occupation:

• Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the particular position.

• The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, the job is so complex or unique that it can be performed only by an individual with a bachelor degree or higher.

• The employer normally requires a degree or its equivalent for the position.
• The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.

Other H1B Visa Services

• H-1B Other Fields —For other fields, like fashion models of distinguished merit and ability must meet the “Distinguished Merit and Ability” requirement. The H-1B has stringent qualifications and requirements, where the employers are expected to pay most associated filing fees and attorney’s fees.

• H-1B Renewal — We can help you stay on with your current H-1B sponsoring employer by renewing your H-1B work visa.

• H-1B Transfer — For clients who want to leave their current job and pursue other opportunities in the U.S., we can help you craft a solid H-1B transfer application so you can control your career.

Our work visa lawyers have years of experience handling professional visa applications for clients throughout Virginia, Maryland, District of Columbia, Washington state and the rest of the world. We are proud of our record of success and helping our business clients get the right employment visas for their workers. Our attorneys are available to consult with both employers and employees to discuss their options, responsibilities, and H1B eligibility. Call us today at (202)-643-1110 or email to [email protected]