Under the United States’ H-1B visa program, U.S. companies employ foreign workers with “specialized skills and knowledge” to work temporarily in the United States. But there’s a cap, and the FY2024 H-1B cap lottery is approaching, so it’s employers should understand the requirements and procedures involved in applying for this program. Let’s dive in.
Eligibility Criteria
To be eligible for the H-1B visa program, the foreign worker must possess specialized knowledge and a bachelor’s degree or higher in the relevant field. The position must also require someone with specialized knowledge and must pay the prevailing wage for that particular role. Additionally, the employer must file a Labor Condition Application (LCA) with the Department of Labor to ensure that the wages and working conditions offered to the foreign worker will not adversely affect the working conditions of similarly employed U.S. workers.
Application Process
Submission by companies of H-1B visa petitions to USCIS during the designated filing period (which typically begins on April 1st and ends when the cap is reached). If the number of applications exceeds the H-1B cap, USCIS will conduct a random lottery to select the petitions which are then processed for adjudication.
Applications should obviously be complete and accurate so as to avoid unnecessary delays or rejections. This includes providing all required documentation, such as educational credentials and a detailed job description, and paying applicable fees.
Employer Obligations
Employers who sponsor foreign workers on H-1B visas have obligations to ensure compliance with the program’s requirements, including paying the prevailing wage for the position, providing working conditions that are no less favorable than those provided to similarly employed U.S. workers, and maintaining accurate records of the employment.
Employers must also notify USCIS of any material changes in the employment relationship, like changes in job duties or work location, and ensure that the foreign worker’s H-1B status remains valid throughout the period of employment.
