How does the annual H-1B lottery and cap affect my application process?
Each year, there is a cap of 85,000 H-1B visas. USCIS runs a random lottery in March to select applicants from a larger pool. Some employers, like universities and nonprofit research groups, are cap-exempt. They can sponsor professionals for an H-1B visa at any time without entry into the lottery.
What are the education and job requirements to qualify for an H-1B visa?
You generally need a bachelor’s degree or its equivalent in a specific field. Your job must also qualify as a "specialty occupation," which means it requires the theoretical and practical application of a body of highly specialized knowledge. Your degree must be a standard requirement for the position you seek in Rockland County.
What is a realistic timeline from H-1B registration to my first day at work?
Employers register candidates in March for the lottery. Selections happen by the end of March. Your employer then submits a full petition. If approved, your H-1B status and work authorization begin on October 1st. While premium service can shorten the petition review, it does not change the October 1st start date.
How can I change jobs and move to a new employer on my H-1B?
H-1B portability allows you to change employers. Your new employer must submit a new H-1B petition on your behalf. Once USCIS accepts the petition and issues a receipt notice, you can start work at the new company. You do not need to wait for the final approval to make the switch.
Can my spouse and children join me, and is my spouse allowed to work?
Yes, your spouse and unmarried children under 21 can get H-4 dependent visas to accompany you. In certain situations, such as when you have an approved I-140 immigrant petition, your spouse may apply for an Employment Authorization Document (EAD). This document permits them to work for any employer in the United States.
What is the new $100,000 H-1B fee and will it affect my petition?
A recent presidential proclamation introduced a new $100,000 fee for some H-1B petitions. This fee only applies to petitions for workers who are outside the United States and do not already possess a valid H-1B visa. If you are in the U.S., your employer's petition for a status change or extension is exempt.