The H-1B visa process can feel like solving a giant puzzle. Some get through smoothly, while others hit roadblocks they never expected. If you’re here, chances are you’re trying to figure out where you stand in this process.
Maybe you’re an employer wondering how to bring in skilled talent. Or perhaps you’re a worker looking for answers about qualifications, documents, and deadlines. Either way, you’re in the right place.
The question often comes up: Is the H-1B Visa Sep 11 applicable to whom? This guide will break down everything you need to know—without the legal jargon that makes your head spin. From eligibility requirements to employer responsibilities, we’ll walk you through the process in a way that actually makes sense. Whether you’re filing for the first time or navigating an unexpected hiccup, this blog is here to clear up confusion and help you move forward.
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What is an H-1B Visa?
The H-1B visa is a temporary work visa for highly skilled foreign professionals. It lets U.S. companies hire non-citizens for jobs requiring specialized knowledge. But not every job qualifies—there are strict rules about education and experience.
The degree must align with the job. For example, if you apply as a software engineer, your degree should be in computer science or a related field. USCIS closely examines this connection to determine eligibility.
Getting an H-1B visa isn’t just about filling out forms—it’s about proving you’re the right fit. If you’re unsure whether your job qualifies, Contact the Law Offices of Sweta Khandelwal today. Our team can help you determine if you meet the criteria and guide you through the process.
H-1B Visa Eligibility Requirements
Not everyone can apply for an H-1B visa. But the H-1B Visa on Sep 11 applicable to whom? The answer depends on specific criteria set by the U.S. government. Below, we break down what employers and employees need to know.
Employer’s Requirements
Employers sponsoring an H-1B worker must follow a legal process to protect both foreign and U.S. workers. The key requirements include:
- Filing a Labor Condition Application (LCA) with the U.S. Department of Labor (DOL). The LCA (Form ETA-9035/9035E) ensures that hiring an H-1B worker will not lower wages or working conditions for U.S. employees.
- Paying the prevailing wage—ensuring the foreign worker receives fair compensation.
- Certifying that hiring an H-1B worker does not negatively affect U.S. employees.
- Submitting Form I-129 (Petition for a Nonimmigrant Worker) to USCIS after LCA approval.
- Proving an employer-employee relationship means the employer controls the worker’s job duties and schedule.
Employee’s Requirements
The H-1B visa is not open to just anyone. If you’re wondering, H-1B Visa Sep 11 applicable to whom?—here’s what you need to qualify as an applicant:
- A valid job offer from a U.S. employer.
- A bachelor’s degree or higher (or equivalent work experience).
- Any required state licenses or certifications for the job.
- A valid work arrangement with the foreign worker.
- The offered position meets specialty occupation standards.
For fields like law, medicine, or engineering, you may also need a state license or professional certification to legally practice in the U.S.
Additional Documents You Need to Have
In addition to the essential documents listed above, there are a few more items you may need to include to strengthen your H-1B application. These can vary depending on your specific case, but here’s what you might need:
- Employer’s Financial Documents: Employers may need to provide documents proving their ability to pay the prevailing wage for the position. This is typically associated with the I-140 process, which could include recent tax returns, financial statements, or other relevant records.
- Proof of Previous H-1B Status: If you’ve been in the U.S. on an H-1B visa before, you’ll need to provide evidence of your prior status, such as previous I-797 approval notices or entry/exit records.
- Prevailing Wage Determination (PWD): This may be required if your employer is in an industry where the wage rates differ by location or job type.
- Passport-Style Photos: These are typically required for the visa application and should meet specific guidelines provided by the U.S. consulate.
- I-94 Record: If you’re currently in the U.S., you will need to submit a copy of your most recent I-94 record, which shows your most recent entry to the U.S.
- Employer’s Tax ID and Business License: The employer might need to provide a copy of their Employer Identification Number (EIN) and proof of business operation, which helps confirm the legitimacy of the sponsoring company.
These additional documents can vary depending on your situation, but being prepared with them will ensure your application is as complete as possible.
Also Read: H-1B to EB-1C Green Card: Steps and Requirements
H-1B Visa Electronic Registration Process
The H-1B electronic registration process has simplified the way employers submit petitions for foreign workers. If you’re wondering if an H-1B Visa on Sep 11 is applicable to whom, This is the first step for companies seeking to hire skilled professionals from overseas. The registration system allows employers to enter potential candidates into the lottery for the H-1B visa, increasing transparency and accessibility.
The process is a streamlined system that replaces paper applications. Employers must create an online account with USCIS to submit their candidates for the visa lottery. This online process reduces paperwork and speeds up the registration. The system is designed for employers or their authorized representatives to submit basic information about the applicant, including:
- Company details (name, EIN, location).
- Applicant details (name, passport info, etc.).
- A brief job description that highlights the role’s qualifications and the necessity for specialized skills.
The registration period is typically open in early spring each year. For fiscal year 2025, the registration period begins on March 6, 2025, at 12:00 PM Eastern Time and closes by March 25, 2025, at 12:00 PM Eastern Time.
The registration process is short—about 3 weeks—so it’s crucial to prepare all information in advance to avoid delays.
Criteria for Selection and Filing of Cap-Subject Petitions
Each year, the number of registrations typically exceeds the available H-1B visa slots, which means USCIS holds a lottery. The H-1B visa cap is set at 65,000 visas for regular applicants, with an additional 20,000 visas for those with U.S. master’s degrees or higher (the “master’s cap”). It’s important to note that certain petitions are exempt from the cap, such as those filed for workers at institutions of higher education or affiliated nonprofit entities.
In FY 2025, USCIS received enough registrations to fill the available visa slots, selecting 114,017 beneficiaries in the first round. As needed, additional beneficiaries were selected for the regular cap.
Key statistics for FY 2025 H-1B cap:
- 442,000 unique beneficiaries entered the lottery.
- Before submitting your registration, always check for duplicate entries. If an employer submits multiple registrations for the same beneficiary, all entries will be disqualified. To ensure no duplicates, use the USCIS tool to check for mistakes before you hit submit. Due to strict fraud investigations, the number of eligible unique registrations decreased significantly by 38.6% this year compared to FY 2024.
H-1B Petition Preparation and Filing for Employees
The process of filing an H-1B petition involves several key steps, each critical for the successful approval of the visa. Here’s how it works:
Step 1: Submit the Labor Condition Application (LCA) to the Department of Labor (DOL)
For specialty occupation and fashion model petitions, the employer or agent must first submit an LCA to the DOL for certification. Once certified, the employer can proceed to the next step. For detailed LCA requirements, refer to the DOL’s Foreign Labor Certification page.
Step 2: Submit Form I-129 to USCIS
After obtaining the LCA certification, the employer or agent must file Form I-129 (Petition for a Nonimmigrant Worker) with USCIS. This form should be filed at the appropriate location, either online or via mail.
Step 3: Apply for a Visa and/or Admission
If the Form I-129 petition is approved, the prospective H-1B worker currently outside the U.S. must apply for an H-1B visa at a U.S. Embassy or Consulate. If a visa is required, the worker will attend an interview and submit the necessary documents. Regardless of whether a visa is required, the worker must also apply to U.S. Customs and Border Protection (CBP) for admission into the U.S. in H-1B classification upon arrival.
Tips to Avoid Common Mistakes
- Account Type: Ensure you create the correct type of account for your role.
- Duplicate Entries: Double-check all submissions to avoid mistakes.
- Review All Information: Double-check that all details are accurate and match supporting documents.
By following these guidelines, you’ll streamline the process and avoid common pitfalls.
The H-1B electronic registration system can be tricky, but don’t worry—we’ve got your back. Contact Sweta Khandelwal today. Their team will guide you through the registration process, ensuring everything is in order so you don’t miss out on this important opportunity.
Maintaining H-1B Status and Travel
Once granted an H-1B visa, it’s important to stay compliant with the conditions of your visa. Here’s what you need to keep in mind to maintain your status:
- Work only for your sponsoring employer in the approved position.
- Notify USCIS if there are any changes to your employment, such as a change in job duties, location, or employer. Employers are responsible for notifying USCIS of material changes in the terms and conditions of employment.
- File for extensions or amendments when required (e.g., if your employment situation changes or you need to stay in the U.S. longer than your initial petition allows).
- Abide by the terms of your visa to avoid violating immigration laws.
Necessary Documentation for International Travel
If you plan to travel internationally while on an H-1B visa, ensure you carry the necessary documents, including:
- Valid passport (with at least six months validity).
- H-1B visa stamp in your passport.
- Form I-797 (Approval Notice) to show that your visa is active and approved.
- Proof of employment (job offer letter, pay stubs, or a recent letter from your employer).
Keep in mind that CBP officers may conduct additional screening when you return, so have all necessary documents on hand to avoid delays.
Also Read: Guide to Apply for O-1B Artist Visa in the USA
Family of H-1B Visa Holders
Family members of H-1B visa holders, specifically H-4 dependent spouses, may also be eligible to work in the U.S. under certain conditions.
H-4 visa holders can file Form I-765, Application for Employment Authorization, if:
- The H-1B visa holder is the principal beneficiary of an approved Form I-140 (Immigrant Petition for Alien Worker).
- The H-1B visa holder has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act (AC21).
Don’t risk your status—Contact The Law Offices of Sweta Khandelwal today. Let us take care of the legal details so you can focus on what matters most—your work and your future in the U.S.
Immigration Services Available for H-1B Visa
The Law Offices of Sweta Khandelwal offer comprehensive immigration services tailored to meet the needs of individuals, businesses, and families. Here’s how we can help:
- Personal Services
We provide personalized immigration guidance to H-1B applicants, ensuring your petition is filed correctly and on time. From documentation to petitions, we handle all the details for you.
- Business Services
We assist companies in sponsoring foreign workers for H-1B visas. Our team ensures your organization complies with all legal requirements, including labor condition applications and petitions.
- Family Services
For H-1B visa holders, we help with family-based immigration services, including H-4 visa applications and work authorization for spouses.
Also Read: Changing Employer with an O-1 Visa: Procedure and Challenges
Navigate Your Immigration Journey with Confidence
Conclusion
The H-1B visa process offers incredible opportunities for skilled professionals to live and work in the U.S., but it comes with its share of complexities. From maintaining your H-1B status to understanding travel requirements, there are several steps you need to follow to ensure smooth sailing. If you’re an H-1B holder, the journey doesn’t stop at approval—it’s an ongoing process of compliance and documentation.
As you navigate this journey, remember that you don’t have to do it alone. The Law Offices of Sweta Khandelwal are here to guide you every step of the way, offering expert legal advice on personal, business, and family immigration matters. Contact the Law Offices of Sweta Khandelwal or Sweta Khandelwal directly today to ensure that your H-1B process goes as smoothly as possible.
Disclaimer
Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.
