# Decentral H-1B Visa Process

## Requirements :
- A job offer from a U.S. employer for a role that requires specialty knowledge
- Proof of a bachelor’s degree or equivalent in that field
- Your employer must show that there is a lack of qualified U.S. applicants for the role

## Cap for H-1B visa :
Before you can enter the United States under the H-1B classification and begin work, you may need to **register with U.S. Citizenship and Immigration Services (USCIS)** and be *selected to apply*.

Because there is a lot of demand for this visa, there is a cap on the number of visas that can be issued each year. Currently, the cap is at **65,000 visas** per financial year. If you have a master’s degree from a U.S. institution, then you’re in luck: there are an extra 20,000 visas available for those who have a master’s degree or higher. If the employer who is sponsoring you is an institution of higher education, a nonprofit organization connected to an institute of higher education, or a government research organization, then the visa cap does not apply.

If you are hoping to file for an H-1B visa and your occupation is subject to the cap, then you will need to register with *USCIS electronically* to enter a **lottery**. To do this, you will need to create an **online account with USCIS**. If you already have a USCIS account, then you will still need to create a separate account for the registration process.

Then, you will need to pay a registration fee and fill in basic information about the company who is sponsoring you, as well as a few details about yourself. Alternatively, an attorney or representative can create an account and register on your behalf.

The registration period only runs for 14 days each year. If you don’t register but your occupation is not exempt from the cap, you will not be able to apply for the H-1B visa.

Once you have registered, you will be able to see your status in your USCIS account. If an attorney or a representative has filed for you, they will be able to see your status in their account.

The account will show your status as one of the following:

- **Submitted**: You have submitted your registration and it is valid.
- **Selected**: You are able to apply for a H-1B visa.
- **Not Selected**: You were not selected to apply for an H-1B visa this time.
- **Denied**: If you register for the chance to apply for an H-1B visa with the same employer multiple times, USCIS will deem all your registrations invalid.
- **Invalidated-Failed Payment**: You registered but your payment didn’t go through.

Once the registration period has finished, USCIS will let you know if you have been selected. **Your registration must be selected if you want to apply for an H-1B visa**, unless you are eligible for an exemption. If you are not selected, USCIS will let you or your representative know once the H-1B cap has been reached that year.

## Visa Process :

Once you have been selected to apply for the H-1B visa, your employer can begin the process by filing a petition on your behalf.

To do this, your employer will need to submit a [Labor Condition Application (LCA)](https://flag.dol.gov/programs/lca)
to the Department of Labor (DOL) for Certification. The purpose of the LCA is to confirm that your employer will pay you the same wage as other similarly qualified workers in the same geographic area, and that your working conditions will not affect other their employees.

Once the LCA has been certified by the DOL, your employer will have to complete [Form I-129](https://www.uscis.gov/sites/default/files/document/forms/i-129.pdf), Petition for a Nonimmigrant Worker, and file both the LCA and the I-129 to USCIS, along with any fees and additional documentation. These other documents may include evidence of your education, any training certificates or professional membership documents if relevant, your resume, a confirmation letter of employment, a letter of support, and any necessary fees.

If your Form I-129 is approved, then there are two options for you, depending on whether you are in the United States already or not.

If you are within the United States on a different visa category, you must wait until your H-1B visa status becomes active in order for you to start working.

If you are outside the United States, then you will need to apply for consular processing. To do this, you will need to complete [Form DS-160](https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/forms/ds-160-online-nonimmigrant-visa-application/ds-160-faqs.html), which will take around 90 minutes to fill in. You will also need to pay the application fee, and schedule an interview at a U.S. embassy or consulate near you.

Once you have arranged an interview, you will need to bring documents such as:

- Your passport. This should be valid for at least six months beyond your intended date of entry to the United States
- A printout of the confirmation page from your Form DS-160.
- A copy of your approved [I-129 petition](https://www.uscis.gov/i-129) and your [I-797 approval](https://www.uscis.gov/forms/filing-guidance/form-i-797-types-and-functions).
- Receipts showing you have paid your application fees.
- A passport-sized photo of you that follows [U.S. State Department requirements](https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/photos.html).

During your interview, you may be asked questions about yourself, the job, your experience, the employer and your travel history.

## Summary
1. **Register for H-1B Visa application :**
you will need to [register online](https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-electronic-registration-process) first. You should keep in mind that being selected in the lottery allows you to apply for a visa for the following financial year.
If you are selected, you and your employer can petition for a H-1B visa on your behalf. You can expect to have around 90 days to apply for your visa, but the filing period and location will be on your H-1B Registration Selection Notice from USCIS. You can apply for your visa up to six months before your visa start date.

2. **Check Lottery results :**
you can check your [USCIS online account](https://myaccount.uscis.gov/users/sign_up). The account will show the status of your application.

3. **File your H-1B Visa :**
your selection notice will let you know which [USCIS address](https://www.uscis.gov/i-129-addresses) you can file your application at

4. **Prepare for interview**

## Expedite H-1B Visa :
premium processing is available for the H1B visa. To request premium processing, you will need to submit [Form I-907](https://www.uscis.gov/i-907), Request for Premium Processing Service, and pay the [filing fee](https://www.uscis.gov/news/premium-processing-fee-increase-effective-oct-19-2020) to USCIS. You can do this at the same time as you file your Form I-129 petition.
If you have already filed your petition, you can request premium processing at a later date by sending your form to the same service center as your original Form I-129.