The H-1B visa classification is a nonimmigrant visa category designed for foreign workers in specialty occupations. It allows U.S. employers to temporarily employ skilled professionals from other countries in positions that require specialized knowledge and expertise. Due to the limited number of slots available, and the high demand for these spots, the U.S. Citizenship and Immigration Services (USCIS) conducts a lottery each year to determine which of the registrants' respective cases are carried forward to adjudication.
As the lottery for the Fiscal Year (FY) 2024 H-1B cap wraps up, employers shift their focus to preparing and submitting their H-1B petitions to the USCIS. To ensure the highest probability of success, employers should consider the following pointers when preparing their petitions:
In order to be successful, the employer must provide evidence to demonstrate the following:
The Offered Position Qualifies as a Specialty Occupation: The job offered must be in a "specialty occupation," which generally requires a bachelor's degree in a specific field for entry into the occupation. Examples of positions that are specialty occupations include: engineering roles, architects, many information technology (IT) and software development roles, positions in the medical fields, and many others. To determine this, the USCIS looks to the U.S. Department of Labor (DOL) data in its O*NET OnLine Directory and its Occupational Outlook Handbook to determine what is typically...
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