H-1B visas are for the immediate employment of foreign workers by a U.S. company in specialty occupations. This visa is specific to the sponsoring employer, location, and job. Therefore, if any of those change materially, an amended H-1b petition must be filed with USCIS.
Have completed a U.S. bachelor’s or higher degree from an accredited college or university.
Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree.
Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment.
Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.
Yes, if the foreign national already holds an H-1B, then the transfer process is very straightforward. If the individual holds H-1B status pursuant to a petition by Corp. A, Corp. B can petition to have that existing status changed over to Corp. B. The foreign national does not need to leave the U.S. to activate the transfer. If the foreign national does not yet have H-1B status, s/he will have to enter the H-1B lottery unless the employer is CAP except. Universities and related nonprofit entities, nonprofit research organizations, and government research organizations are exempt from the CAP.
Each fiscal year, USCIS is able to issue 85,000 new visas for this category. Unfortunately there are way more individuals seeking H-1Bs than there are H-1Bs available. Therefore the H-1B selection becomes a lottery to determine who is allotted an H1b. Although there was discussion of prioritizing higher salaries in the selection process, that idea was never approved. However, individuals who received a Master’s degree or higher in the U.S. have a better chance of selection than those who didn’t because they are prioritized. Typically we see over 300,000 applicants registering in the lottery for just 85,000 H-1B visas. In recent years, USCIS has conducted two drawings in the lottery, one in the spring, and a second in late summer.
It is especially important to work with an Immigration attorney when seeking the H-1B visa due to the precise timing required and the limited supply of H-1Bs. Any error in the applications or process can lead to rejection by USCIS. The penalty could result in the the employer and employee having to wait a whole year to try again in the lottery.
There are many visa and green card options when trying to bring a foreign national to the United States. We strongly advise you to consult with an Immigration attorney for guidance.
