A immigrant going to the US on H1B visa

All about H1B visa and latest updates


If you intend to work in the United States on an H1B visa in 2023, you must first submit an H1B registration form and then file an H1B petition with USCIS for Fiscal Year 2024. Are you seeking the most recent H-1B visa news and updates? This visa is one of the most significant avenues for foreign nationals to work in the United States. Therefore individuals considering applying for the visa should remain up to speed on the latest H-1B visa news and updates. This post will offer an overview of H1B visas and recent updates, including the registration procedure, costs, and criteria, as well as the most recent news on the H-1B visa program.

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What is an H1B visa?

This visa is a unique non-immigrant visa that temporarily permits US corporations to hire foreign workers in speciality occupations. These foreign workers can be in the following sectors but is not limited to architecture, engineering, mathematics, physical sciences, social sciences, medicine, health, education, business, law, accounting, religion, and the arts. The applicant must have a bachelor’s degree or higher in a speciality occupation. The applicant must also have a job offer from a US employer in a speciality occupation. The job might be full-time or part-time.

The business must also demonstrate that a suitable US worker cannot be found for the post and that the foreign worker will not replace a US worker.

This visa is valid for three years. In addition, three-year extensions are allowed, bringing the entire validity term to six years.

What are the requirements for the H1B visa?

Along with the strict standards imposed by US immigration law for border protection purposes, there are other requirements for an H1B visa. As a result, you should consult with an immigration lawyer to evaluate if you fit these requirements. Alternatively, go to the LegaMart directory and hire a lawyer to get all the information you need about an H1B visa based on your smartphone queries.

Below are the brief requirements that you have to fulfil.

• You must have a work offer from a firm in the United States. The company must give the recipient a genuine employment offer. This can be accomplished by a written contract or, if no written contract exists, through a summary of an oral agreement. Furthermore, there must be proof to prove the beneficiary’s need.

• An honest employer-employee relationship must exist. This is a necessary and obligatory requirement. Employer control is required for a proper employer-employee relationship. Management refers to the petitioner’s capacity to direct when, when, and how the beneficiary performs their tasks. If the beneficiary is neither an employee nor reports to the petitioner, USCIS will refuse the petition.

Factors that USCIS will examine

To assess if there is a legal employer-employee connection, USCIS will look at the following factors: 

  • whether the petitioner distributes tools or other instruments to the beneficiary; 
  • whether the petitioner may hire, pay, and dismiss the beneficiary;
  • whether the petitioner analyzes the beneficiary’s performance;
  • whether the petitioner offers any employee benefits to the beneficiary;
  • whether the beneficiary shows on the petitioner’s tax information.

H1B Visa Quota

This visa is divided into two categories: one is the usual quota, and the second is the master’s quota. In addition, the number of H1B visas given each year is limited to 85,000 by the US Congress. This is known as an H1B quota cap. As of today, the yearly quota limitations are determined for each of them, and they also apply to H1B fiscal year 2024.

  • H1B Regular Quota: 65,000 visas
  • H1B Master’s Quota: 20,000 visas (only US Masters eligible)

One thing to remember is that Singapore and Chile have set aside around 6,800 visas as part of their Free Trade Agreement. These 6,800 people are known as H1B1 visa holders. So, the overall figure for the H1B quota is fewer than 85,000 yearly. However, Singapore and Chile generally consume only a few hundred H1B visa holders.

H1B Visa 2024 Filing Fee

The employer pays only $10 on the initial stage of registration. When the registration is chosen, the employer must pay the full H1B visa filing fee based on their status. Furthermore, H1B visa petition filing entails two fees: one paid to USCIS and the other born to an immigration attorney if your company does not have an in-house immigration team.

The H1B charge might range between USD 1,720 and USD 8,970, including the Immigration Attorney Fee. The table below provides a fee-based overview of the H1B visa fee.

H1B Fee – Paid TowardsAmount in USDWho pays for it?
H1B Registration Fee$10Employer
Base filing fee$460Employer
AICWA Fee$750  or $1,500Employer
Fraud prevention & detection fee$500Employer
Fee-based on Public Law 114-113 (if applicable)$4,000Employer
Premium processing fee (Optional)$2,500Employer or Applicant
Immigration Attorney FeeVaries from $500 to $3000Employer

USCIS-based filing costs were slated to increase by $95 to $555 beginning in October 2020, but the Court halted that. There needs to be new information, and USCIS will accept the old price schedule.

H1B Visa Processing Times

There is just one form of processing available throughout the registration procedure, and companies have no choice. However, after the registration procedure is complete, two filing options have varied processing durations. If chosen in the H1B lottery, you can file your H1B petition in either standard or premium processing.

  • Premium Processing: If you file in premium, you will receive your verdict in 15 calendar days for an extra $2,500.
  • Regular Processing: There is no predicted SLA if you file in conventional processing. It might take many weeks to several months. But, if you submit in premium processing, you get the outcome in 15 days.

What are the advantages of an H1B visa?

There are several advantages to obtaining an H1B visa. Here are a few examples:

  • You can lawfully work in the United States. The H1B visa program permits foreign individuals to work specialized jobs in the United States. This allows highly qualified persons to work and reside in the United States. Both the recipients and the US economy profit from this.
  • You can apply for permanent residence status at the same time. H1B visas are nonimmigrant visas. However, just a “temporary entrance” is required in contrast to demonstrating nonimmigrant intent. You must show that you will leave when your H1B status expires. However, you are not compelled to keep a residence overseas. This implies that you can apply for advantages that could lead to a green card while still in H1B status – without jeopardizing your visa.
  • Your dependents may accompany you to the United States. H4 status is available to your spouse and dependent children (under 21 and unmarried). This implies they can accompany you to the United States. Those with H4 status can attend school but cannot work (subject to certain exceptions). Those with H4 status must also join the primary worker in the United States. If the visa holders are in the US while the principal H1B visa holder is generally overseas, the H4 status will be cancelled.
  • H1B visas are portable. The mobility characteristics of the H1B visa are a significant advantage. If you are on an H1B visa and change employers, you can begin working for a new company immediately after filing your new petition. 

How to get an H1B visa?

Step 1 – Finding a sponsor

There are a few options for finding H1B visa sponsors. The most typical method is to search online for firms that sponsor H1B visas. Several websites also provide a list of firms that sponsor H1B visas. Finally, inquire about firms that sponsor H1B visas with friends and relatives.

Step 2 – Filing an LCA

The employer must submit a Labor Condition Application (LCA) to the Department of Labor before filing an H1B petition with USCIS. Once the LCA has been accepted, the employer may file the H1B petition with USCIS.

A Labor Condition Application (LCA) to the Department of Labor costs $35.

The cost of filing a firm’s H1B visa application varies based on size and location. A small business’s typical cost is between $2,000 and $4,000. A significant company’s ordinary expense is between $5,000 and $7,000.

Step 3 – Applying for an H1B visa

A few procedures must be taken when you want to apply for an H1B visa at a US consulate or embassy. The first step is to collect all of the necessary documents. A passport, a nonimmigrant petition, and a work offer letter from a US business are all required.

Once all the paperwork is completed, the next step is to make an appointment with the consulate or embassy. The applicant must bring all papers and answer any questions the consular official may have at the meeting.

If the application is granted, the applicant will receive a visa stamp in their passport.

Step 4 – Attending the H1B visa interview

The visa interview is critical in the application process for an H1B visa holder. This interview will determine whether or not you qualify for an H1B visa. You should do a few things to prepare for your H1B interview.

First, obtain all of the necessary papers. Second, make an appointment at the US consulate or embassy, where you will be questioned.

Finally, it would be best if you prepared for the questions posed during the visa interview.

What is the fiscal year 2024 season for H1B visas?

The USCIS Fiscal Year governs the issuance of new H1B visas (FY). The fiscal year of USCIS differs from the calendar year in that the beginning and end dates are not from January to December. USCIS Fiscal Year 2024 begins on October 1st, 2023, and concludes on September 30th, 2024.

The USCIS accepts H1B applications for the fiscal year 2024 approximately six months before the fiscal year begins. Counting six months back from October 2023, it is now April 1st, 2023. This is why the total procedure for FY 2024, as shown in the timetable below, begins in March and petitions are accepted starting April 1st, 2023, for the FY 2024 season.

The H1B FY 2024 season (essentially the entire period from the start of the registration to working in the US on H1B) is for firms expecting to recruit H1B employees to work in the US beginning October 1st, 2024.

H1B Visa 2024 timeline

On January 27th, 2023, USCIS released the H1B Registration/Lottery Process dates. We have summarized the latest news in a simple chart, as shown below:

Step 0Employers/ H1B sponsors create registration accounts.Date: Starting from 21st Feb 2023 (Noon EST)
Step 1Employers start filling H1B visa registrationsDate: 1st March 2023 (Noon EST)
Step 2End date for filling H1b registrations by employersDate: 17th March 2023 (Noon EST)
Step 3USCIS conducts H1B registrations lottery, announces selection resultsDate: from 18th March 2023 to 31st March 2023 
Step 4H1B cap-subject petition filling with USCIS (if selected in lottery)Date: from 1st April 2023 to 30th June 2023
Step 5H1B petition processing by USCIS, DecisionsDate: from 1st April 2023 onwards. Please note that this procedure can take 2 to 6 months or longer for regular processing.
Step 6H1B visa stamping US Consulates (consular processing approved applicants)Date: after 1st July 2023
Step 7H1B visa cap-subject. FY 2024 approved applicants can start workingDates: 1st October 2023 onwards.


The H1B visa is one of the most common ways foreign people work in the United States in speciality vocations or as fashion models of exceptional quality and aptitude. The purpose of the H-1B provisions is to assist companies that cannot otherwise get essential business skills and abilities from the US workforce by allowing eligible foreign worker who is not otherwise permitted to work in the United States to work temporarily. You should better grasp the numerous parts of the H1B visa, such as the status, perks, criteria, and visa application procedure.

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