How does the annual H-1B lottery work and are some employers exempt from it?
Each March, USCIS accepts registrations for a random lottery to select 85,000 petitions. If your registration gets selected, your employer can file your petition. However, cap-exempt employers like universities can sponsor H-1B workers at any time. This process bypasses the lottery system entirely and creates more opportunities for professionals in the South Bend area.
What are the main education and job requirements to qualify for an H-1B visa?
To qualify, you typically need a bachelor’s degree or its equivalent in a specialized field. The job itself must also require that specific degree, which defines it as a "specialty occupation." In some cases, relevant professional work experience can substitute for the formal education requirement, but the link must be direct.
What is the new $100,000 H-1B fee and does it apply to my petition?
A recent presidential proclamation introduced a $100,000 fee for some new H-1B petitions. This fee only applies to petitions for workers who are outside the United States and do not already hold an H-1B visa. You can read the full proclamation on H-1B fees. If you are in the U.S., you are exempt.
How long does the H-1B process take from the lottery to my work start date?
The process begins with the lottery registration in early March. If selected, your employer can file the full petition after April 1. With standard review, you can expect to start work on October 1. While premium service expedites the petition review, the October 1 start date for new cap-subject petitions is fixed.
How can I change jobs and move to a new employer while on an H-1B visa?
The H-1B portability rule lets you change jobs. Your new employer must file a new H-1B petition for you. As soon as USCIS confirms receipt of that petition, you can begin work at the new company. You do not need to wait for the final approval, which offers significant career flexibility.
What visa status do my spouse and children get and are they allowed to work?
Your spouse and unmarried children under 21 can get H-4 visas to live with you in the U.S. They are permitted to study, but work is restricted. An H-4 spouse can apply for an Employment Authorization Document only after you reach a certain stage in the green card process, such as an approved I-140 petition.