Immigration

Srinivasa Reddy Kandi: What are the key requirements for an H-1B visa applicant?

February, 21, 2025-04:57

Share: Facebook | Twitter | Whatsapp | Linkedin | Visits: 38332 | :2821

---

What are the key requirements for an H-1B visa applicant?

The H-1B visa serves as a non-immigrant work visa in the United States, permitting U.S. employers to temporarily hire foreign workers in specialized fields. This visa is designated for a particular position, and the employee is prohibited from commencing work until they receive the H-1B approval notice from the United States Citizenship and Immigration Services (USCIS). For foreign nationals seeking to obtain an H-1B visa, it is essential to comprehend the entire H-1B registration process. Our team at Akula & Associates P.C. provides a detailed overview below.

Overview of the H-1B Registration Process
The H-1B registration process initiates with employers submitting applicants into the USCIS online system. This step allows employers to express their intent to sponsor a foreign worker for the H-1B visa program. Employers must pay the requisite filing fees, furnish details regarding the job and the prospective employee, and complete additional necessary documentation. The USCIS will evaluate the submitted information to ascertain the applicant's eligibility for the H-1B visa.

Registration Fee Structure
The fee structure associated with H-1B visa registration is contingent upon various factors, including whether the employer is applying under the regular cap or the advanced degree exemption. The filing fee for applications under the regular cap is set at $460, whereas those applying under the advanced degree exemption are required to pay $750. Additionally, employers may incur a fraud prevention and detection fee of $500 for each application submitted.

How Does the Online System Operate?
In 2019, the USCIS introduced an online registration system that replaced the former paper-based approach. Employers are required to establish an account on the USCIS website, where they can register their company’s name and pertinent details prior to submitting applications. Once the registration is complete, employers may submit up to five applications per account, accompanied by supporting documents such as proof of wages paid or job descriptions. Following the submission of all applications, the USCIS will conduct a lottery to determine which applicants will receive invitations for further processing. Selected applicants will receive an invitation letter from USCIS, which includes instructions for completing their application process online, including the payment of additional fees and submission of further documents if necessary.

H-1B Visa Application Procedure
After applying for a position in the United States, the responsibility for advancing your application process falls to your sponsor. The following steps outline the procedure for obtaining an H-1B visa:

Employers must register applicants in the USCIS online system and remit the necessary filing fees.

Provide USCIS with information regarding the position, the applicant, and other essential documentation.

The USCIS will evaluate the application to determine eligibility for the H-1B visa.

If applicable, obtain any required certification or licensing for the position from relevant government agencies.

Submit a Labor Condition Application (LCA) to the U.S. Department of Labor, detailing wages, working conditions, benefits offered, and other relevant information.

Gather required documents, including education transcripts, a resume or CV, and proof of experience in the relevant field.

Submit the filing fee along with the Form I-129 petition package to the USCIS office that has jurisdiction over the designated work location for the H-1B visa holder.

Upon completion of processing by the United States Citizenship and Immigration Services (USCIS), a decision to approve or deny your application will be made within 90 days.

If granted approval, the selected candidate may commence the process of obtaining a valid H-1B visa status following October 1st of each year.

This detailed guide provides you with all necessary information regarding the H-1B registration process, encompassing background details, associated fees, utilization of the online system, operational timelines for each fiscal year, and the requisite steps to successfully navigate the process.

Srinivasa Reddy Kandi is an Immigration policies researcher and immigration laws analyst.
Kandi Srinivasa Reddy, Srinivasa Reddy Kandi, #KandiSrinivasaReddy, #SrinivasaReddyKandi
Disclaimer: The information presented here is general in nature and might not be applicable in any given situation. It should not be interpreted as legal advice or taken for granted that it is always current.