H-1B Visa Denials Dropped In 2021

H-1B Visa application denial rates have dropped significantly in 2021 with only 4% of applications being denied. This was down from a denial rate of 13% in the year before.

The H-1B visa is an employment-based, temporary work, non-immigrant visa. This visa offers companies the opportunity to bring highly skilled, credentialed foreign citizens into the U.S. for employment in a specialty occupation for up to 6 years. After the H-1B expires, the visa holder can reapply.

The company, as the employer, must sponsor the H-1B applicant. These visas are only available for a short period, so the sponsors and applicants must be ready to apply within the allocated window. The list of H-1B occupations is broad, but some level of knowledge and at least a bachelor’s degree or its equivalent is required. Some examples of these specialty occupations include:

• Engineers
• Accountants
• IT Professionals
• Architects
• Educators

And many more.

H-1B Visa Application

The sponsoring employer must submit a Labor Conditions Approval (LCA) to the Department of Labor and register for the H-1B lottery if the application is subject to the H-1B cap. Once the LCA is approved and if the application is selected in the lottery (if necessary), the employer will submit a Form I-129 to USCIS, along with required fees, documentation, and the applicant’s resume and work qualifications.

On March 1st, 2022, the USCIS will begin to accept H-1B Visa applications for the 2023 fiscal year. The 2023 fiscal year begins on October 1st, 2022.

Fees

A general list of H-1B fees include:

• Registration fee – $10
• Base filing fee – $460
• ACWIA fee (for employers with 25 or fewer full-time employees) – $750 OR ACWIA fee (for employers with 26 or more full-time employees) – $1,500
• Fraud Prevention and Detection fee – $500
• Public Law 114-113 fee (only for companies with over 50 employees where more than half of the employees are under H-1B/L1 status) – $4,000
• Premium Processing fee (optional) – $2,500

Obtaining an H-1B visa is often confusing and difficult for the applicant, as well as the employer sponsor. At BridgehouseLaw, we make that process easier by guiding the sponsor every step of the way through the application process. If you would like help in filing for an H-1B, contact us! We would be happy to help.