Changes to the H-1B Temporary Work Visa: What You Need to Know

Recent changes to the H-1B temporary work visa included allowing the transfer of petitions for new employment and the creation of electronic filing of Form I-129. Read the article written by Warren Janssen, Immigration Specialist and retired USCIS Director, to better understand these updates. 

H-1B Temporary Work Visa: Want to know if you are eligible?

H-1B non-immigrant temporary work visas are intended for people who have experience and skills in “Skilled Professions”. This means that these professions require the theoretical and practical application of a set of highly specialized knowledge. They require, at a minimum, a bachelor's degree or higher in the specific specialty (or its equivalent) in order for the person to practice the occupation in the United States.

How to apply for H-1B visa?
To apply for the H-1B visa, a prospective employer must obtain a “Labor Condition Application,” certified by the Department of Labor (DOL), to authorize employment of a non-citizen or permanent resident. This allows the I-129 petition to be filed by the employer with USCIS as soon as the DOL provides authorization.

H-1B Visa Updates: See the Changes

Check out the recent changes to the H-1B visa now:

• H-1B petitions can now be transferred from one job to another whether you leave an employer voluntarily or involuntarily. Therefore, a new petition from a new employer must be filed within 60 days of the original H-1B employer's termination event. For more information, see the  USCIS page  or speak to our experts.
• Additionally, effective April 1, 2024, USCIS created the electronic filing of Form I-129, the petition filed by the applicant's employer. This means D4U can help you with this new and improved presentation method. You can still use paper petitions. They must now be presented at a USCIS “Lock Box” instead of at a Service Center.

Important Reminder About H-1B Visa Fees
As of April 1, 2024, there are new fees associated with most immigration applications and petitions. A new fee is that of the Asylum Program for employment-based claims. See now the USCIS reminder on these fees.

By Warren Janssen, D4U Partner and Domestic Immigration Specialist, Retired USCIS Director