H-1B Visa
The H-1B is a non-immigrant work visa that allows U.S. companies to hire foreign workers to perform professional work in the U.S. This visa is mainly used to hire professionals with special skills, such as IT, engineering, medicine, finance, etc. It is very suitable for international students who have graduated in the United States.
H1B Eligibility
(1) Applicants must possess a bachelor’s degree or higher (Master’s, PhD, etc.), or an equivalent degree from a foreign country (degrees obtained outside the United States must be certified).
(2) The applicant’s major must be relevant to the position he/she is applying for.
(3) The applicant’s position must be a “Specialty Occupation”.
(4) The applicant’s salary must not be lower than the prevailing wage published by LCA.
H-1B Lottery Quota and Data Analysis
The H-1B classification has an annual numerical limit of 65,000 (H-1B Regular Cap) new identities/visas each year. An additional 20,000 (H-1B Master's Exemption) are provided to beneficiaries with a master's degree or higher from a U.S. higher education institution. Therefore, the number of people who can obtain H-1B visas each year is 85,000. In addition, H-1B workers who apply for or are employed by higher education institutions or their affiliated or related non-profit entities, non-profit research organizations, or government research organizations are not subject to this numerical cap, that is, no lottery is required.
The first round of lottery is to select 20,000 H-1B Master Exemption quotas from applicants who have obtained a master's degree or above in the United States. Applicants who did not win the lottery in the first round can participate in the second round and draw 65,000 (H-1B Regular Cap) quotas from all applicants with ordinary academic qualifications. Applicants with a master's degree or above in the United States have a higher chance of winning the lottery.
The number of independent beneficiaries this year in fiscal year 2025 (about 442,000) is comparable to the number last year in fiscal year 2024 (about 446,000).
The number of independent employers in this year's fiscal year 2025 (about 52,700) is also comparable to the number in last year's fiscal year 2024 (about 52,000).
However, the number of eligible registrations for FY 2025 (470,342) is down significantly from FY 2024 (758,994), a decrease of 38.6%.
Overall, the average number of registrations per beneficiary this year in fiscal year 2025 is 1.06, compared to 1.70 in fiscal year 2024.
The chart below shows the registration and selection figures for the 2021-2025 fiscal year (ending April 12, 2024):
H-1B 2025 H1B application process (including timeline)
October to December 2023, confirm application with employer & contact immigration lawyer
Employees can confirm with their employers whether they can apply for an H-1B visa for 2024 starting at the end of 2023.
From January to February 2024, familiarize yourself with the application process and prepare the required materials for H1B
Once a consensus is reached with the employer, the applicant can begin contacting an immigration lawyer to prepare application materials.
February 28, 2024: H1B registrant account creation will be open
H1B applicants and registrants can create H1B registrant accounts starting at noon Eastern Time. Generally, companies that have applied for H1B have organizational accounts and do not need to create a new account.
On February 28, 2024, USCIS launched the new myUSCIS Organization Account, which will allow multiple individuals within an organization and their legal representatives to collaborate and prepare H-1B registrations, H-1B petitions, and any related Form I-907 (Application for Premium Processing Service).
USCIS online account registration official website: https://myaccount.uscis.gov/create-account
H1B registration period from March 6 to March 25, 2024
The H1B electronic registration system will be open from noon Eastern Time on March 6, and the H1B registration period will end at noon Eastern Time on March 25. The USCIS electronic registration system will be closed and the lottery will begin.
The results of the lottery will be announced in batches as early as March 31. Generally, law firms or companies will send emails to notify employees after receiving the winning numbers. There will be a time difference between the winning time and the notification time. Please wait patiently for the results.
April 1 to June 2024, confirm results and submit materials
April 1, after the lottery results are announced, is the earliest date to submit H-1B cap applications for fiscal year 2025.
Employees who are selected for the H-1B lottery need to apply for an LCA (Labor Condition Application) and submit H1B application materials within 90 days. H1B application materials submitted after 90 days will be directly rejected.
July to September 2024, material review & H1B application approval
After winning the lottery, employees need to contact a lawyer as soon as possible to submit the required H1B materials to the Immigration Bureau. If the materials are reviewed and approved, the Immigration Bureau will send an I-797 Approve Notice to the law firm or company, indicating that the H1B application is approved; if you receive an RFE ( Request For Evidence) supplementary notice from the Immigration Bureau, please make sure to submit the supplementary materials within the specified time.
H1B application process and required materials after winning the lottery
Step 1: The employer/agent submits LCA (labor condition application) to the Department of Labor for certification.
The LCA certification application requires that 1) the salary that the employer/agent will offer to the H-1B applicant must be the prevailing wage rate for the occupational classification in the intended field of employment. The prevailing wage rate is the average wage paid to similarly employed workers in a specific occupation in the intended field of employment.
2) The employment of foreign workers must not adversely affect the wages and working conditions of similarly employed U.S. workers.
3) There is no strike or work stoppage in the workplace at the time the labor condition application is made.
4) Notice of filing a labor condition application with the Department of Labor has been sent to the union bargaining representative or posted at the work location.
The [Job Title] and [Prevailing Wages] that need to be filled in when applying for LCA are the key to the future H-1B application review. This part must be carefully communicated with the lawyer and filled in carefully according to personal circumstances. Wage data can be found on the Foreign Labor Certification Data Center Online Wage Database website: https://flag.dol.gov/wage-data/wage-search .
Employers must electronically submit an LCA (Form ETA-9035/9035E) to the Department of Labor (DOL) through the FLAG system to demonstrate compliance with the requirements of the H-1B, H-1B1, or E-3 programs. LCA certifications may not be submitted more than 6 months before the start date of the employment period.
The USCIS will review the submitted LCA for completeness and obvious errors or inaccuracies within seven working days. Employers can log in to the FLAG system at any time to check the application status of the LCA.
Step 2: The employer/agent files Form I-129 (Petition for a Nonimmigration Worker) with USCIS
The sections that need to be filled in are: (a) Petition for a Nonimmigration Worker; (b) As needed, choose to fill in: H Classification Supplement; (c) Data Collection and Filing Fee Exemption Supplement.
Step 3: Organize and confirm all application materials before sending, including: cover letter, check, all application forms, other supplementary documents and duplicate copies. If there are omissions or supplements, they should be completed as soon as possible.
H-1B Application Fees
(1) I-129 application fee: $460
(2) Education and training expenses (ACWIA): Employers with 25 or more full-time employees: $1,500;
Employers with less than 25 full-time employees: $750. Note: Non-profit organizations, government research institutions, educational institutions, etc. do not need to pay this fee
(3) Anti-fraud fee: $500
(4) Electronic registration fee: $215
Additional costs:
(1) Optional processing fee: $2,500
(2) Public Law 114-113 Fee: $4,000 if the employer has 50 or more employees in the U.S. and more than half of the employees are in H-1B or L-1 status
Payment Methods: The required fee may be paid by check, money order, or by credit or debit card using Form G-1450 (Credit Card Transaction Authorization). If paying the required fee by check or money order, please include a signed check or money order, inscribed with the correct fee amount, and make it payable to the U.S. Department of Homeland Security. Please submit a separate check for each fee associated with your application. Place all checks at the top of your application packet.
For example, if you need to pay the basic application fee, the fraud fee, and the ACWIA fee, you should submit three separate checks. If you submit only one check as a combined payment for all applicable fees, and some of the fees are not applicable or are incorrect, USCIS will deny your H-1B petition.
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