H-1B Visa

Professional Worker

H-1B Visa – Professional Worker2022-01-03T21:29:12+00:00

E&M Mayock Announces 2022 H-1B Cap Pre-Registration Filing Program

2022 H-1B Professional Visa Season – Sign up for Pre-Registration Lottery Submission Now!

Be prepared for H-1B Cap filings with E&M Mayock’s Pre-Registration Program.
E&M Mayock’s Pre-Registration Program includes a basic H-1B qualification review and USCIS Pre-Registration filing. $500

New USCIS 2022 Pre-Registration Program

Now is the Time to Get Ready!

Get ready for H-1B Cap Season 2022 now.  All 2022 H-1B Cap cases must complete a Pre-Registration process for inclusion.

E&M Mayock’s Pre-Registration Program includes a attorney review and Pre-Registration filing with USCIS Citizenship & Immigration Services.  The all-inclusive fee for this first step is $500.

Please complete our H-1B Inquiry Form if you would like us to move forward with H-1B Cap Pre-Registration.

In 2020, USCIS launched an innovative Pre-Registration program to allow employers to participate in the H-1B lottery – without filing expensive H-1B Visa Petitions.   We gleaned important tips from previous USCIS H-1B Pre-Registration seasons.

What We Learned:

  • Pre-Registration requires tight coordination between employers and attorneys to navigate the cumbersome USCIS Pre-Registration system
  • Employers need attorney assistance with the “simple” registration process, now more than ever, to avoid disqualification through errors in the Pre-Registration process

E&M Mayock’s 2022 H-1B Pre-Registration Program

E&M Mayock has now begun accepting H-1B Cap Pre-Registration cases.  Our Program has been fine-tuned, based on lessons learned in 2020 and 2021, to successfully negotiate the Pre-Registration system and be prepared for swift filing of a strong H-1B petition.  We have simplified the process to allow for lower fees and less unnecessary preliminary case preparation.

Pre-Registration Program:

  • Employers and H-1B Cap Prospect Employees will fill out basic online questionnaires to provide the information required for H-1B Cap Pre-Registration.
  • Attorney will review basic H-1B qualifications, such as: educational credentials, company qualifications, employer / employee relationship and qualifying H-1B specialty occupation position.
  • Initial Attorney Consultation will be scheduled, if required, based on the attorney review.
  • Assistance with submission of Pre-Registration.
  • Tracking of Pre-Registration results.

H-1B Basics:

Today’s H-1B program does NOT require a showing of shortage of American workers.

It is expected that in early March 2022, USCIS Citizenship & Immigration Services will begin accepting H-1B Visa Pre-Registrations.  During this initial registration period, prospective petitioners or their authorized representatives must electronically submit a separate registration naming each foreign national for whom they seek to file an H-1B cap-subject petition.

For the past two years, USCIS has conducted random, luck-based lotteries of all applications submitted in the Pre-Registration period in order to select the Petitioners and Beneficiaries permitted to submit full H-1B Visa Petitions after April 1st.  We do not expect any changes in procedure or selection criteria this year.

The annual quota of 85,000 new H-1B visas includes 20,000 visas set aside for foreign workers who have completed a Masters degree at a U.S. non-profit university.

Last year, participation in the lottery was even more competitive than previous years, given the simplicity and low cost of participating in the Pre-Registration process.  308,613 Pre-Registrations were submitted in 2021. When the first tranche of winners was exhausted, second and third draws were held in July and November 2021.

No one knows how many Pre-Registrations will be filed in 2022.

Full Petition Preparation (after lottery selection) $3,500 + Costs:

Once selected in the H-1B lottery, Legal Fees of $3,500 + Required Government Filing Fees will be required in order to prepare and file a full H-1B Visa Petition with USCIS in the April – June filing window.  Results are usually known by the end of September.  NOTE that students on F-1 OPT Optional Practical Training require special handling, in order to insure “Cap-Gap” continuing work authorization thru September 30th.

Getting Started with Pre-Registration

Please complete our H-1B Inquiry Form  if you would like us to move forward with H-1B Cap Pre-Registration.

If you have any questions, please contact us immediately at 415.765.5111 or H1B@emvisa.com. Thank you! We look forward to working with you to achieve your visa goals.

H-1B Inquiry Form

H-1B Qualifications

The H-1B visa is for workers in specialty occupations, such as: Architecture, Engineering, Mathematics, Physical sciences, Social sciences, Medicine and health, Education, Business specialties, Accounting, Law, Theology, or The Arts.

H-1B visas are available only to workers in occupations requiring highly specialized knowledge, normally acquired through a college education, and to distinguished fashion models. Although this myriad of specialty occupations mentioned above exist to qualify under H-1B qualifications, there are some requirements to successfully obtain your visa:

  • You must be coming to the U.S. to perform services in a specialty occupation and have a college degree (or its equivalent in experience, typically a minimum of twelve years in that specialty field), or be a distinguished fashion model.
  • You must first have a job offer from a U.S. employer that agrees to sponsor you.

The employer must then file an “attestation” with the U.S. Department of Labor that certifies that they will pay the average or “prevailing wage” for the specific type of job in that area (or the actual wage paid to similar workers at that employer, depending on which is the higher of the two).

It is essential also that you have the correct background for the job you are offered. Therefore, if your academic and professional credentials are strong, yet do not match the job, you are not eligible for an H-1B visa in that specific specialty occupation.

The job you are entering must also meet one of the following criteria:

  • A bachelor’s degree of higher degree (or equivalent) is the minimum requirement for entry into the position;
  • The degree requirement is common to the industry, or the duties of the position are so complex that it can be performed only by a person with a degree;
  • The employer normally requires a degree or its equivalent for the position; or
  • The specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with a bachelor’s degree.

H-1B Benefits

  • You can legally work in the U.S. for your sponsor.
  • H-1B visas are typically issued quickly (6 weeks to 3 months).
  • You may travel in and out of the U.S. as long as your visa stamp and status are valid.
  • Visas are available for immediate family members (spouse and/or unmarried children under 21 years of age).

H-1B Restrictions

  • You may work only for the employer that sponsored you. If you change jobs, you must obtain new H-1B status.
  • Employers must have an attestation on file with the U.S. Department of Labor before they can sponsor you for H-1B status.
  • The maximum length of stay in the U.S. under H-1B status is six years. After that time, you must return to your home country (unless you are eligible to apply for another nonimmigrant visa status or plan to apply for permanent residence).
  • Immediate family members may stay in the U.S. with you, but cannot work (unless they are applying for a work visa independently of you).

Validity of an H-1B Visa

Successful H-1B applicants may initially stay in the U.S. for up to three years, and may opt to extend their status for another three years, for a maximum stay of six years.

Related H-1B Visa Blog Posts 

Strategy Tip: Consular Process H-1B to Save FICA Taxes for F-1 Students

How H-1B lotto winners and their employers can save $18,000 or more by keeping STEM OPT until the last minute. Many employers of F-1 Foreign Students are unaware that they need NOT withhold FICA taxes OR make an employer contribution.

USCIS Begins Notifying 2022 H-1B Pre-Registration Winners

USCIS has begun notifying successful H-1B Cap Lottery "winners" and their attorneys via their USCIS online accounts.  If your registration was selected and you are looking for an attorney to file your H-1B petition, please contact E&M Mayock at info@emvisa.com or call 415-765-5111.

H-1B Inquiry Form

H-1B Inquiry Form

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For more information on how to apply for a Temporary Worker Visa, or for assistance with other immigration or employment-based immigration visas, please complete our Client Questionnaire.

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