FY 2025 H-1B visa registration period extended by US: All you need to know

Good news for Indians planning to apply for the H-1B visa in the financial year 2025, as the United States Citizenship and Immigration Services (USCIS) has announced an extension of the initial registration timeframe.

Originally set to conclude on March 22, 2024, the period has now been extended to March 25, 2024. This extension is aimed at accommodating those affected by a temporary system outage, ensuring that all potential registrants have ample time to submit their applications. During this period, both prospective petitioners and their legal representatives must register each beneficiary electronically through a USCIS online account and settle the associated registration fee.

USCIS will announce the selected candidates by March 31, 2024.

The introduction of new myUSCIS organisational accounts on February 28, 2024, has led to an improvement in the application procedure. These accounts are designed to facilitate collaboration within organisations and between legal representatives for H-1B registrations, petitions, and associated forms. To aid in the adaptation to this new process, USCIS has initiated Tech Talks sessions, a platform for query, resolution and guidance.

H-1B visa registration and associated costs

The initial step in the H-1B visa process involves a $10 fee to enter the H-1B lottery. Should an applicant be chosen, the sponsoring employer is required to submit $460 for Form I-129 (Petition for Nonimmigrant Worker). The total expense for securing an H-1B visa can vary significantly. Variables include the company's size, any expedited processing, changes in employment status for the visa holder, and legal representation costs.

Procedure for H-1B visa application

Upon selection for the H-1B visa, the sponsoring employer must initiate the application by submitting a petition on the applicant's behalf.

Labour Condition Application (LCA)

The first step requires the employer to obtain Certification for a Labour Condition Application (LCA) from the Department of Labour (DOL). The LCA aims to ensure the employer offers a fair wage, comparable to that of similar roles in the geographic region, and that the employment conditions will not negatively affect existing employees.

Filing Form I-129

Following LCA Certification, the employer must complete and submit Form I-129, Petition for a Nonimmigrant Worker, to the United States Citizenship and Immigration Services (USCIS), alongside the certified LCA, applicable fees, and additional documentation. Required documents typically include educational qualifications, professional certificates, a CV, an employment offer letter, a support letter, and relevant fees.

After Form I-129 approval

Post-approval of Form I-129, the next steps depend on the applicant's current location.

— For applicants within the United States: Those already in the US under a different visa must wait for their H-1B status activation to commence employment.

— For overseas applicants: Individuals outside the US must undergo consular processing. This involves completing Form DS-160, paying the application fee, and arranging an interview at a nearby US embassy or consulate. Required interview documentation includes a valid passport, the DS-160 confirmation page, a copy of the I-129 petition and I-797 approval, payment receipts, and a passport-sized photograph. Interview questions may cover personal information, job details, experience, employer specifics, and travel history.