The U.S. H-1B visa quota for fiscal year 2023 will reopen for the lottery phase. 85,000 quotas for H-1B visas are available each fiscal year for professionals with a university degree or higher, of which 20,000 are dedicated to professionals with a master's degree or higher.

H-1B Application Process

(1)

Electronic Registration

(2)

Filing H-1B Petitions

As the processing time takes approximately 3 months, it is usually advisable to use the Premium Service (for an additional fee of USD2,500 paid to the USCIS) to shorten the decisional process to 15 working days.

Schedule of H-1B Petitions for 2023

Consultation and Application Process

1. Assessment of the eligibility of the applicant and the US employer;
2. Determination of the viability of the application based on the applicant's qualifications;
3. Submission of the applicant’s electronic registration and inform the applicant of the lottery result;
4. Assist the US employer with the Labor Condition Application (LCA) and Prevailing Wage Determination (PWD) applications and submit to the Department of Labor (DOL) if the applicant is selected;
5. Submission of the applicant's petition (I-129) to the USCIS for review. Premium service is recommended to reduce time at this stage.

Note that in the event of a change of employment (e.g., resignation, dismissal, etc.), the employer will be responsible for reasonable travel expenses to return the employee to his/her place of origin. In addition, the employer should be responsible for paying the higher of either the prevailing wage determined by the DOL during the LCA certification period or the actual wage currently paid by the employer to an employee with the same or similar background and experience.

Interested applicants are encouraged to start the process early – between January and February – by obtaining advice on the most appropriate options and preparing the required documentation.

It is always advisable to keep your options open. If you are not selected in the ballot, we will continue to monitor your application status and inform you as soon as the second round of electronic registration lottery reopens, in order to maximize your chances under the program.

As far as H-1B eligibility is concerned, though it is broadly categorized as a program requiring a bachelor’s degree, a master’s degree or above, there remains room to cover a range of other qualifications. Given that the academic background has a positive impact on the lottery rate and quota, prospective H-1B visa applicants are encouraged to prepare and provide us with their résumé, work experience, degree certificate(s), professional certificate(s) and other qualifications for an effective and comprehensive assessment.

Related Topics: US H-1B Non-immigrant Visa

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