Understanding H1B Visa Process for Employers

What motivated you to focus on employment-based immigration law?

She was born in Bulgaria and went through the immigration process herself when coming to the United States. This personal experience sparked my interest in helping others navigate immigration challenges. Working at a Chinese law firm in Chicago, she delved into employment-based immigration, assisting with visas like H1B, L1, and EB1. The dynamic nature of this field and the opportunity to support diverse communities motivated me to specialize in employment-based immigration law.

What is the purpose of the H1B visa program and who is it designed for?

The H1B visa program is intended for professionals with at least a bachelor’s degree seeking employment in the United States. Employers typically look for individuals in fields like IT, science, technology, engineering, and mathematics. To qualify for an H1B visa, the position must require a bachelor’s degree in a specific, narrow field. For example, professions like mechanical engineering, computer science, architecture, teaching, law, or medicine often align with H1B visa criteria.

How does the cap season work for H1B visas and what should employers understand about it?

The cap season for H1B visas involves an annual lottery due to the limited number of visas available. There are 65,000 visas for bachelor’s degree holders and an additional 20,000 for master’s degree holders. Employers must register employees for the lottery between March 4 and March 19. If selected, employers have three months to file petitions. Once approved, employees can start working on October 1st, either through consular processing if abroad or by changing status if already in the United States.

What are the typical costs involved for employers in the H1B visa process?

Employers incur legal fees for attorneys and government fees for H1B visas. Government fees range from $2,000 to $3,500, depending on the employer’s size. Premium processing, which expedites case decisions within 15 days, requires an additional fee. A recent development includes a $100,000 fee imposed by the Department of State for certain cases processed abroad. This fee affects individuals seeking H1B visas from outside the United States.

Can you share a common scenario where timing or planning issues arise in the H1B process for employers hiring foreign professionals?

Employers often face challenges related to the selection process and limited visa availability when hiring foreign professionals on H1B visas. Instances occur where candidates are not selected or face visa expiration issues, leading to complexities in retaining foreign talent. Many individuals apply for H1B visas annually, especially those with STEM OPT status, facing uncertainty due to the lottery-based selection process.

What early planning tips would you offer to employers exploring the H1B process for hiring international talent?

Employers should consult with an attorney early on to understand the H1B process thoroughly. To enhance chances of selection, consider offering higher wages and ensuring candidates hold advanced degrees. Timely filing before the March 19 deadline is crucial, as technical website issues may arise. Employers should aim to meet the highest wage category and submit applications promptly to optimize their chances in the H1B lottery selection process.

By Panteva Law Group, LLC