It's Time to Register: H-1B Visas Explained
Now is H-1B visa season.
The H-1B visa is a nonimmigrant work visa that allows US employers to hire foreign workers for specialty jobs that require a related bachelor’s degree or equivalent. This can include occupations in fields such as IT, finance, engineering, architecture and more. The denial rates for H-1B have been falling and most recently, in the last fiscal year, had only a 4% denial.
The earliest to apply with the complete H-1B petition is by April 1, 2022.
Congress set the current annual regular cap for the H-1B category at 65,000 plus 20,000 for those with a US master’s degree. Not all H-1B visas are subject to this annual cap. To be cap exempt, employers must be: institutions of higher education, non-profit entities “related to” or “affiliated with” institutions of higher education, non-profit research organizations, or government research organizations.
Registration to start the process for companies and organizations subject to the cap will start soon. If you haven’t already, it’s time to prepare documentation to electronically register for the H-1B visa. To start, register your company’s interest in an individual’s petition in March of 2022. By late March, individuals will be informed if they have been selected in the first round of the lottery (in 2021, USCIS ran three lottery selections based on the registration submission).
The earliest to apply with the complete H-1B petition is by April 1, 2022. If the petition is approved, the individual could begin work in their position as early as October 1, 2022. H-1B visas can be extended up to six years, and even more in certain cases. If you are interested, this is the time to act.
On January 21, 2022, the Biden-Harris Administration increased the ability for STEM (Science, Technology, Engineering, and Math) fields to have a lot more options for employment authorization and status. The Biden Administration recently announced the expansion of immigration policies to benefit STEM students, scholars and researchers. The changes included the addition of 22 new STEM degrees, which are now eligible for a 24- month extension to the standard period of optional practical training.
Your employees could potentially be eligible for extensions on their work authorization based on this recent change. Everyone should check this out to see if eligible. This could give people an opportunity to have at least two more years added to your optional practical training. It also gives individuals a better chance at being chosen in the H-1B visa cap lottery and more opportunities in general.
In addition, the Biden-Harris Administration expanded the capability of those who may apply for the national interest waivers of the labor certification process or for the J-1 program. The J-1 exchange gives an early career STEM research a chance to partner with BridgeUSA to match organizations with STEM exchange visitors.
The recent changes also impact the O-1 visa. The O-1 nonimmigrant visa is for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics. For the O-1 visa, the new guidance clarifies eligibility determinations and provides examples of evidence that may be considered, resulting in a broader interpretation of a field expertise.
The expansion of immigration policies based on the STEM fields benefits the country by strengthening the US economy and increasing competitiveness. During a time of labor shortages and focus on infrastructure, this update encourages students, scholars and researchers who are in the STEM programs to invest their futures in the US.
About the author: Ruby L. Powers is the founder of Powers Law Group, P.C., a Houston-based firm focusing on immigration law including waivers of inadmissibility, asylum, deportation, family– and employment-based immigration. Read more about her here.