To obtain a visa for skilled workers through the H-1B program, an employer must first file a petition with the United States Citizenship and Immigration Services (USCIS). The employer must provide evidence that the employee meets the qualifications for the position, and that the job itself requires a person with specialized knowledge or skills.
The USCIS will then review the petition and determine whether the employer has met the eligibility criteria. If approved, the employee will then need to apply for the H-1B visa at the United States embassy or consulate located in their country of residence.
Employers are subject to an annual cap on the number of H-1B visas that may be issued each fiscal year. For the 2021 fiscal year, USCIS announced that it will accept up to 85,000 H-1B petitions.
There are certain exceptions and limitations to the process for obtaining an H-1B visa. For example, some employers, such as certain educational institutions and nonprofit organizations, are not subject to the annual cap. Additionally, certain individuals who have completed a Master's degree or higher at a U.S. institution of higher education may be eligible for a higher cap.
To ensure a successful application for an H-1B visa, it is highly recommended that employers consult with an experienced immigration attorney. An attorney can assist with preparing the petition and navigating the complex requirements of the H-1B program.
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