H-1B visa

H-1B eligibility requirements

The H-1B visa is a nonimmigrant visa that allows U.S. employers to hire foreign workers in specialty occupations to work in the United States for a specific time period.


1

The U.S. employer must have a valid job offer for a professional position, which requires a degree in a specific specialty.

2

The foreign worker must have a bachelor's degree or higher or its equivalent in the field of employment (specialty occupation).

3

The employer must obtain a certified Labor Condition Application (LCA) attesting adherence to certain Department of Labor requirements.

4

The employer must submit an H-1B petition with the United States Citizenship and Immigration Services to obtain approval for H-1B classification on behalf of the foreign worker.

 

H-1B immigration services

Whether you’re looking to hire one foreign worker for your team or 1,000, BAL can help you overcome hurdles throughout the H-1B visa process including timing considerations, maintenance of status issues, H-1B lottery registration planning, complex requests for evidence, regulatory compliance and changes in immigration policy.

What makes us different?

Immigration services are all we do.

Since 1980, our sole focus has been helping businesses acquire top talent from around the world.

Innovative technology powering human achievement.

Our award-winning, proprietary technology streamlines complex processes, ensures compliance and enables our legal teams to consistently deliver exceptional service.

Incomparable client commitment.

Our deep bench of legal experts is made up of leading immigration attorneys committed to the best interests of our clients.

Talk to an attorney about securing H-1B visas for your employees

“The process can seem daunting, but the [BAL] team made it easy and were very supportive throughout the whole journey.”
– Foreign national employee of a BAL client
“Amazing team. Always on top of everything so that I don’t have to worry.”
– Foreign national employee of a BAL client
“This is my third time [working] with BAL and they always deliver, answer my questions and do great work.”
– Foreign national employee of a BAL client
“Exceptional help. They understood the case intricacy really well and went above and beyond in working through the situation, solving it and communicating it to me.”
– Foreign national employee of a BAL client

H-1B statistics

20,000

Annual cap on H-1B visas for foreign nationals who have earned a U.S. master’s degree or higher, with a total annual cap of 65,000

2 to 4 months

Average time to process an H-1B visa with BAL

780,000

Number of approximate H-1B registrations received by USCIS in FY2024

Top FAQs from employers

What is the H-1B cap?

The phrase “H-1B cap” refers to the number of new H-1B visas that are allotted each fiscal year. There are 20,000 new H-1B visas available to qualified individuals who possess a U.S. master’s degree or a higher degree from a U.S. university (this is known as the “master’s cap”). There are also 65,000 new H-1B visas available to everyone else (qualified foreign professionals who do not have U.S. master’s degrees).

What is the H-1B registration process?

USCIS has an electronic registration requirement, which requires employers seeking to file H-1B cap petitions, including those that may be eligible for the advanced degree exemption, to first electronically register. They must submit basic information about the employer and foreign worker to USCIS during a designated registration period. Only those beneficiaries whose registrations are selected will be eligible to have an H-1B cap-subject petition filed on their behalf.

Under the electronic registration process, USCIS holds an initial registration period of at least 14 days, generally the first weeks of March. USCIS must announce the specific dates for the registration period at least 30 days before the start of registration.

What are the requirements for the H-1B registration process?

During the registration period, employers will file an online registration for each foreign national they seek to sponsor for a cap-subject H-1B petition. Registrations will be selected by beneficiary rather than registration as was previously the situation. This means that each foreign national can be selected only once and will therefore have an equal chance of selection regardless of the number of registrations submitted on their behalf. Foreign nationals must provide a valid passport or travel document for registration. Each foreign national must only be registered under one passport or travel document.

Can BAL submit the H-1B online registration form on behalf of the employer?

Yes. BAL can handle the H-1B online registration process on behalf of the employer.

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