How does the annual H-1B lottery work for New Jersey professionals?
Each March, USCIS accepts registrations for a random lottery to fill 85,000 H-1B slots. If selected, your employer files your petition. However, certain New Jersey employers like universities and nonprofit research organizations are cap-exempt. They can sponsor H-1B workers at any time, completely outside of the annual lottery system.
What are the main eligibility requirements for an H-1B visa?
You need a bachelor’s degree or its equivalent for the role. The job itself must demand this qualification. Your position in New Jersey must be a "specialty occupation," which means its duties are complex and require theoretical and practical application of a body of highly specialized knowledge. An H-1B immigration attorney can assess this.
What is my employer's role and who pays for the H-1B visa?
Your employer acts as your sponsor and files the H-1B petition. The law requires the company to pay all government filing fees and legal costs associated with the petition. These expenses cannot be passed on to you, the employee. The employer typically works with legal experts to prepare the documentation correctly.
What is a realistic H-1B timeline from registration to work authorization?
The process begins with the lottery registration in early March, with selections announced by the end of the month. Your employer then has from April 1 to June 30 to file the full petition. If your petition receives approval, your H-1B status and authorization to work start on October 1.
How can I change jobs in New Jersey if I already have an H-1B visa?
The H-1B portability rule lets you change employers. Your new company must file a new H-1B petition for you. You can start the new job as soon as USCIS issues a receipt notice for the transfer petition. You do not need to wait for the final approval, which offers significant career flexibility.
What is the new $100,000 H-1B fee and does it apply to me?
A recent presidential proclamation introduced a significant fee for certain new H-1B petitions. This fee applies only to petitions for workers who are outside the United States and do not already hold a valid H-1B visa. If you are in the U.S. and your employer files for a change of status or an extension, you are exempt. Read more about the proclamation on H-1B fees.