Question

My company is exploring the idea of filing an H-1B visa application for a possible hire. I know it is a competitive process but need some information to determine if it is worth it?

Answer

The H-1B application period begins March 1, so your timing is good. AIM members with specific questions about this program should speak with an immigration attorney familiar with the H-1B process.

On January 28, 2022, the U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the fiscal year 2023 H-1B cap will begin at noon East Coast time on March 1 and run through noon on March 18, 2022.

During this brief but important H-1B window, petitioners and their representatives will be able to complete and submit their registrations using the online H-1B registration system.  The correct term is a registration as opposed to application. USCIS provides a detailed explanation on how to access the online H1B registration process.

The H-1B program allows U.S. companies to temporarily employ foreign workers in occupations that require the theoretical and practical application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent. The H-1B program is also available to fashion models.

Congress sets aside 65,000 visas each year for beneficiaries with a bachelor’s degree and an additional 20,000 for those who earned U.S. master’s degrees. In recent years the H-1B program has been significantly oversubscribed as the USCIS has been receiving an average of 300,000 registrations/applications per year for the 85,000 H-1B slots. The large number of applications has forced the agency to adopt a lottery system to allocate the visas.

Once the H-1B registration is received by the USCIS, the agency will assign a confirmation number to each registration submitted for the FY 2023 H-1B cap. The confirmation number is used solely to track registrations and not to track a registration case status in Case Status Online.

USCIS online account

The H-1B registration system requires employers to create an account on the USCIS portal. Registrants were able to begin creating new accounts as of noon on Monday. The application process requires payment of a $10 H-1B registration fee per prospective employee. See below for more information about other H-1B fees.

At the end of the registration period on March 18, if USCIS has received enough registrations to meet the cap, it will randomly make selections and send notifications to the corresponding account holders by March 31, Selected registrations will then have a 90-day period to file their H-1B petitions with USCIS for a visa start date of October 1.

Representatives may add clients to their accounts at any time, but both representatives and registrants must wait until March 1 to enter beneficiary information and submit the registration with the $10 fee. Employers or their representatives may submit registrations for multiple beneficiaries in a single online session. Through the account, they will be able to prepare, edit, and store draft registrations prior to final payment and submission of each registration.

An H-1B cap-subject petition, including a petition for a beneficiary who is eligible for the advanced degree exemption, may only be filed by a petitioner whose registration for the beneficiary named in the H-1B petition was selected in the H-1B registration process.

Filing for an H-1B comes with a price tag, depending on the circumstances associated with the filing. There is a detailed explanation of the filing fees available here.

AIM members with questions on other HR-related immigration issues may call the AIM Employer Hotline at 800-470-6277. Top of Form