H-1B VISAS (SPECIALTY OCCUPATION)

This type of visa requires at least a United States bachelor’s degree or its foreign equivalent. The beneficiary must be sponsored by a U.S. employer and the salary must be at least 
what an American worker would make for a similar position (prevailing wage.)

This very popular visa is subject to an annual cap of 65,000 cases, plus 20,000 for applicants who hold an advanced degree from a United States university. This cap is widely oversubscribed every year.

Beginning in 2020, employers must electronically register each candidate from March 1st through March 20. If the number of registrations exceeds the quota, which is extremely likely, Immigration will organize a lottery. Only those applicants selected in the lottery will be eligible to file a petition. Preparation for the case should therefore begin several months ahead of March 1st.

However, some cases are exempt from the quota, for instance for workers who already hold an H-1B visa or for certain non-profit employers. Do not hesitate to consult us to discuss your particular situation.