NT Lakis recently alerted employers to the new procedure for employers seeking an “H-1B visa” that requires the employer to pre-register electronically through the U.S. Citizenship and Immigration Services (USCIS) website and pay a $10 registration fee for each beneficiary in order to be considered for the H-1B lottery. H-1B visas are issued to foreign workers in “specialty occupations” that require the theoretical and practical application of a body of highly specialized knowledge, most commonly in computing, science, math, and engineering fields. Demand for H-1B visas exceeds the statutory quota, and as a result, visas are granted through a lottery.
Because a fair number of our clients use H-1B visas, in 2010 we published a memorandum that provided a guide to understanding the “H” category of visas for member company representatives who are not immigration specialists. Given the new electronic preregistration procedures as well as other changes that have occurred to the H visa category over the last decade, we thought it would be helpful to provide an updated version of our original guide.
Please note that this memorandum is intended only as a detailed overview for company personnel who are not immigration specialists but who might benefit from having a general grasp of how H visa category immigration rules work. The intricacies of federal immigration law are unending – for every rule, practice, or procedure we describe in this memorandum, there often are nuances and exceptions. Accordingly, member companies with specific immigration issues or situations should consult with a competent immigration law specialist.
Members of the Center for Workplace Compliance (CWC) can read more here.