The H1B Visa

A step by step summary on getting an H1B Visa

If you are seeking an H1B visa, please note that the fiscal year 2024 H-1B cap will open at noon Eastern on March 1 and run through noon Eastern on March 17, 2023. The clock is ticking. What is the process for an H1B? Below, I describe the steps as simply as possible:

First Here Is What You Need To Get The H1B Visa

  1. You need a job offer from a U.S. employer for a role that requires specialty knowledge.
  2. You need proof of a bachelor’s degree or equivalent in that field
  3. Your employer must show that there is a lack of qualified U.S. applicants for the role

Second Here Are The Steps You Need To Take To Get An H1B Visa.

  1. Register with U.S. Citizenship and Immigration Services (USCIS) and be selected to apply.

The cap is at 65,000 visas per fiscal year. If you have a master’s degree from a U.S. institution, an extra 20,000 visas available for those who have a master’s degree or higher. If the employer who is sponsoring you is an institution of higher education, a nonprofit organization connected to an institute of higher education, or a government research organization, then the visa cap does not apply.

Remember: the registration period only runs for 14 days each year. If you don’t register but your occupation is not exempt from the cap, you will not be able to apply for the H-1B visa.

If Selected In The H1B Lottery Now What?

  1. If you are selected: YAY!!!! Go to step 2. If you are not selected, sorry….back to the drawing board..
  2. Your employer can now begin the process by filing a petition on your behalf by first getting a Department of Labor certification and then filing the Certification and an I-129 to USCIS.
  3. 4. IF your I-129 is approved then one of 2 options can be taken depending on where you are located. If you are within the United States on a different visa category, you must wait until your H-1B visa status becomes active in order for you to start working.If you are outside the United States, then you will need to apply for consular processing. To do this, you will need to complete Form DS-160, which will take around 90 minutes to fill in. You will also need to pay the application fee, and schedule an interview at a U.S. embassy or consulate near you.

What Past Clients Say

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I met with several attorneys and I didn’t feel comfortable with any. Marcia walked me through the process and explained everything to me in detail. She was clear and very communicative throughout the ordeal. I recommend Marcia to anyone going through any type of criminal / legal matters.

Jose Martinez 5 March 4, 2019


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