H1B visas are specifically designed to allow foreign nationals to work in “specialty occupations.” A specialty occupation is one that requires a bachelor’s degree or enough work experience to equate to a degree.
For the fiscal year (FY) 2023 H-1B cap season, United States Citizenship, and Immigration Services (USCIS) is expected to continue using its electronic registration process. Registration will take place in March 2022 for a minimum of 14 calendar days.
Employers should identify employees who may need an H-1B petition to work in the United States. Types of employees are current employees on temporary work status, new graduates in the United States as well as individuals outside of the United States who are looking to relocate to the United States.
Many U.S. companies seek to hire foreign labor through the H visa lottery, which is held once a year. The process has several steps and now is the time to prepare for a timely filing. Keep in mind that the H-1B visa is routinely in high demand and it is imperative to diligently follow the application process to increase the chances of being approved. There is an international worker shortage reported worldwide.
Companies must look globally to meet their employment needs.
Immigrants or overseas workers looking for sponsorship during FY 2023 must secure a U.S. company to sponsor them in order for the employer to complete registration for the person to have an opportunity to be selected for the H-1B lottery. The greatest number of H-1B workers are nationals of India, China and Canada. The job must be a specialty occupation when seeking sponsorship opportunities. Specialty occupations require specialized knowledge and a bachelor’s degree or work experience equivalent to a bachelor’s degree.
For example, accountants and auditors, architects, chemists, teachers and software engineers are all occupations that have been approved by USCIS. The duration of stay is three years for those granted H-1B status which can then be extended for an additional three years for a total of six years.
There are no published H-1B numbers for FY 2022. The maximum number of H1B visas for the fiscal year 2021 was 85,000, divided into regular H-1B group of 65,000 and master’s degree group of 20,000. Over 275,000 individuals applied for the H-1B visa in FY 2022.
