H1B Visa Updates: New Policies, News, Eligibility Rules & How to Apply

What is the H-1B visa?

The H-1B is a U.S. nonimmigrant visa for foreign workers in “speciality occupations” that require theoretical and practical application of a body of highly specialised knowledge and at least a bachelor’s degree or equivalent in the specific speciality (e.g., engineers, IT, accountants, architects, scientists, etc.). H-1B status allows employers to sponsor foreign nationals to work in the U.S. temporarily (typically up to three years initially, renewable to a maximum of six years in most circumstances). The program is also one of the principal employment-based routes toward lawful permanent residence (green card). (See DOL and USCIS program pages for baseline definitions and requirements.)

Key actors and laws you should know about the H1B Visa

The H-1B visa program operates through the collaboration of multiple U.S. government agencies, employers, and foreign professionals, all guided by a robust legal framework. Understanding the key actors and laws provides a clear picture of how this program functions, ensures compliance, and maintains a balance between foreign talent and U.S. workforce needs.

U.S. Citizenship and Immigration Services (USCIS)—USCIS is the primary body responsible for managing the H-1B visa program. It processes employer petitions, conducts the annual visa lottery when applications exceed the set cap, and oversees extensions, amendments, and compliance for H-1B holders. Through this role, USCIS ensures that all H-1B employment remains lawful and aligns with immigration regulations.

U.S. Department of Labour (DOL)- The DOL safeguards labour standards and wage fairness. Employers must first file a Labour Condition Application (LCA) with the DOL before petitioning USCIS. The department verifies that employers offer prevailing wages and adequate working conditions, thereby protecting both U.S. and foreign workers from exploitation or wage suppression.

U.S. Department of State (DOS)- After USCIS approval, the DOS manages visa issuance through consular processing at U.S. embassies worldwide. It conducts interviews, security screenings, and final eligibility assessments before granting visas, ensuring that applicants meet background and qualification standards for lawful entry into the United States.

U.S. Department of Homeland Security (DHS)- DHS enforces immigration laws through border inspections and compliance monitoring. Its agency, Customs and Border Protection (CBP), checks the entry of H-1B workers into the U.S. DHS also defines regulations governing lawful status, travel, and employment conditions, ensuring adherence to the visa’s terms throughout the stay.

U.S. Employers (Petitioners)- Employers act as petitioners and must prove a legitimate need for specialized foreign talent. They handle filing fees, maintain labour law compliance, and ensure proper employment documentation. Whether large tech firms or startups, these employers depend on skilled professionals to drive innovation and meet market demands.

Foreign Professionals (Beneficiaries)- H-1B applicants must possess at least a bachelor’s degree or equivalent in a specialty occupation. They cannot apply independently but need sponsorship from a U.S. employer. Once approved, they may work for up to three years, extendable to six years, with possible additional extensions during green card processing.

Congress- The U.S. Congress legislates and updates the laws that shape the H-1B program. It determines annual visa caps, defines eligibility criteria, and periodically revises the program to reflect labour market needs. Amendments to the Immigration and Nationality Act (INA) and related reforms have continually refined the program’s structure and protections.

U.S. Department of Justice (DOJ)—The DOJ’s Immigrant and Employee Rights Section (IER) ensures that foreign workers are protected from discrimination based on nationality or immigration status. It enforces fair hiring and employment practices and prevents abuse and exploitation within the H-1B system.

Core Laws and Acts Regulating the H-1B Visa

The Immigration and Nationality Act (INA) of 1952 serves as the foundation for all immigration categories, including the H-1B, defining specialty occupations and eligibility. The Immigration Act of 1990 formally introduced the H-1B category, established the 65,000 annual cap, and reinforced labour protections.
The American Competitiveness and Workforce Improvement Act (ACWIA) of 1998 sought to balance foreign recruitment with domestic training investments, requiring fees that fund U.S. worker training programs. The American Competitiveness in the Twenty-First Century Act (AC21) of 2000 added flexibility, introducing portability between employers and extending stays for workers in green card processes.
The H-1B Visa Reform Act of 2004 strengthened oversight and introduced fraud penalties, alongside a $500 Fraud Prevention and Detection Fee to fund enforcement. In recent years, the U.S. Innovation and Competition Act has proposed increasing visa caps, prioritising advanced degree holders, and modernising the selection system.
Additionally, 8 CFR §214.2(h) regulations outline specific operational rules for petition processing, duration, transfers, and dependent visas, ensuring consistency and legal clarity across H-1B adjudications.

Recent Policy Updates and Executive Actions (2023–2025)

The Electronic Registration System, implemented in 2020, revolutionized the application process by enabling employers to pre-register online, simplifying the lottery system, and reducing paperwork. For FY 2025, DHS and USCIS have proposed merit-based selection reforms aimed at minimizing duplicate registrations and improving transparency.
The H-4 EAD (Employment Authorization for Dependents) rule, introduced in 2015, allows spouses of H-1B holders to work if the principal visa holder is on a path to permanent residency. This measure continues to support family stability and increases workforce participation among skilled dependents.

H-1B cap, exemptions, and the lottery (how it usually worked)

Annual cap: 65,000 regular caps + 20,000 for those with a U.S. master’s degree or higher (commonly “advanced degree exemption”). Certain employers (institutions of higher education, nonprofit research institutions, and affiliated nonprofits or governmental research organizations) are cap-exempt.
Electronic registration: Since FY2020, USCIS has implemented an initial online registration (employers submit brief beneficiary data and pay a registration fee) and run a selection process; only selected registrants can file I-129 petitions for the cap slots. USCIS has continued to refine the registration process and launched an organizational account system in 2024.
Significant recent development: DHS has proposed replacing the pure random lottery with a weighted selection that would favour higher wage levels and higher-paid positions. That would require employers to submit wage level and SOC code information at registration and could materially change selection odds. The proposal is in the Federal Register and is moving through the rulemaking process.

What are the key late-2024 and 2025 amendments, proposals, and policy changes to the H-1B visa program, and why do they matter for employers and foreign professionals?

The H-1B visa program has undergone significant regulatory and policy changes in late 2024 and 2025, reshaping how U.S. employers hire foreign professionals and how foreign workers navigate the process. These updates aim to improve transparency, reduce misuse, and align the visa system with modern labour market needs.

H-1B Modernization / Final Rule (Effective January 17, 2025)- In January 2025, the Department of Homeland Security (DHS) introduced a primary modernization rule to update the H-1B visa framework. The reform enhances program integrity, streamlines adjudication, and clarifies compliance requirements for employers. It offers greater flexibility in hiring and retaining foreign talent while reducing administrative burdens. For employers, this means more explicit regulatory guidance and more predictable adjudication outcomes, whereas foreign professionals benefit from consistent standards and fewer uncertainties surrounding petition approvals and status extensions. Overall, the rule strengthens oversight while promoting efficiency in workforce management.

Beneficiary-Centric Registration System & Weighted Selection Proposals- The U.S. Citizenship and Immigration Services (USCIS) transitioned from an employer-centric lottery to a beneficiary-centric registration model. Under this system, each applicant is entered into the lottery only once, even if multiple employers register them. This change eliminates duplicate filings and improves fairness in the selection process. Alongside this, proposals for a weighted selection process are being reviewed, which would give preference to higher-wage or higher-skilled job offers. Such a system would reward premium salary positions, motivating employers to offer competitive pay while prioritizing top talent in the visa lottery.

Presidential Proclamation & $100,000 Fee (Effective September 21, 2025)- A new presidential proclamation issued in September 2025 introduces a $100,000 supplemental fee on new H-1B petitions filed for beneficiaries outside the United States. Without this payment, entry under H-1B status will be denied. This policy does not affect existing visa holders or renewals and is expected to last 12 months, with potential extensions. The Proclamation also directs DHS and the Department of Labour to raise prevailing wage standards, favouring higher-paid, highly skilled positions. While intended to curb low-wage dependency and program misuse, this measure substantially increases financial pressure on employers and limits accessibility for smaller firms and startups.

Legislative Proposals: The American Tech Workforce Act- Recent legislative initiatives, such as the American Tech Workforce Act, aim to overhaul the H-1B system by significantly increasing the minimum salary threshold from $60,000 to $150,000 and reducing reliance on programs like Optional Practical Training (OPT). These efforts reflect a political push toward restricting the number of low-wage visa entries while prioritising highly paid professionals in tech and specialised industries.

Why do these changes matter?

For employers, these reforms mean higher costs, stricter compliance, and an evolving selection system that prioritizes wage levels. Startups and smaller firms may face difficulty sponsoring overseas talent due to the $100,000 fee, potentially prompting a shift toward remote hiring or alternative visa categories. For foreign professionals, the reforms create barriers to entry and favour those with higher salaries or advanced degrees. Lower-wage applicants, particularly in academia and nonprofit sectors, may find fewer opportunities. Legal challenges to these rules remain ongoing, introducing further uncertainty. Overall, the 2024–2025 changes mark a decisive shift toward a merit- and wage-based H-1B system focused on curbing abuse while favouring top-tier talent.

What has changed recently regarding the H-1 B visa?

In September 2025, the White House published a presidential action, and DHS moved quickly to propose sweeping changes to how H-1B visas are allocated and administered. Most notably, a proposal to weight the H-1B lottery toward higher-paid/higher-skilled positions and a very controversial executive measure introducing a hefty one-time fee on new petitions. These developments are in motion: some are formal proposals in the Federal Register, while others (like the new fee) have generated litigation and fast-moving implementation guidance.

How does the H-1B registration and selection process work under the new rules?

What actually happens, step-by-step process-

1. Employer prepares and submits an electronic registration- During the announced registration window, the petitioner creates an online account, pays the registration fee, and submits basic data for each beneficiary (including a passport/travel document). Each registration must be accurate because it is the basis for any later petition.

2. The system deduplicates to a single beneficiary entry—USCIS counts unique beneficiaries rather than multiple employer entries for the same person, which prevents duplicate filings for one individual and reduces “gaming” of the system. This is the core of the beneficiary-centric approach that is now in use.

3. USCIS conducts the selection (lottery) among unique beneficiaries- USCIS runs the selection in the order required by law (regular cap pool followed by advanced-degree exemption, unless a new weighted selection is implemented). Currently, selections are made from the pool of unique beneficiaries; however, DHS/USCIS has proposed and is moving toward wage-weighted selection options that would give higher chances to higher-paid offers. Expect the method to evolve if and when those rules finalize.

4. Selected registrations are notified, and firms file full petitions- USCIS notifies employers whose registered beneficiary was selected. Employers then have the specified filing window (typically 90 days) to submit a complete Form I-129 petition with supporting evidence, fees, and required documentation. Missing the window or providing incomplete evidence risks denial.

5. Petition adjudication, integrity checks, and outcome—USCIS adjudicates the petition on the merits, which may include Fraud Detection and national Security (FDNS) reviews, requests for evidence, or site visits. The DHS final rule also tightened standards around employer–employee relationships and evidence expectations, so adjudicators are looking more closely at substantive documentation.

New Expectations and Practical Takeaway-

For employers, expect stricter registration accuracy (passport details, exact job info), stronger documentation of prevailing-wage and actual employer–employee control, faster petition filing after selection (90-day clock), and the potential need to offer higher wages if a wage-weighted selection becomes final—plan for audits/site visits and budget for higher compliance costs.
For beneficiaries: expect only one registration to count, greater emphasis on correct passport/travel data, possible reduced odds for lower-wage roles if wage weighting is adopted, and more predictable but stricter evidence requirements once selected. Prepare employer sponsors to file promptly and thoroughly.

Eligibility criteria in detail- What USCIS looks for in I-129

The U.S. Citizenship and Immigration Services (USCIS) carefully considers several eligibility factors when reviewing an H-1B petition via Form I-129 to ensure the employer and the foreign worker (beneficiary) meet the program's legal and regulatory requirements. The scrutiny focuses on job qualifications, employer-employee relationships, and compliance with U.S. labour standards.

Speciality Occupation Requirement-

§ The offered position must qualify as a speciality occupation, meaning it requires theoretical and practical application of a highly specialised body of knowledge and at least a bachelor’s degree or higher (or its equivalent) in a specific field related to the job.

§ USCIS examines whether the job duties are complex enough to require specialized education. Evidence may include detailed job descriptions, industry standards, or documentation showing that similar positions in the company or industry require such qualifications.

Educational Qualification of the Beneficiary-

§ The foreign professional must hold at least a U.S. bachelor’s degree or higher in the field relevant to the job. If the degree is foreign, it must be evaluated for U.S. equivalence.

§ USCIS often requests transcripts, degree certificates, and credential evaluations to verify that the beneficiary’s education aligns directly with the specialty occupation. Relevant work experience can sometimes substitute for formal education under the “three-for-one” rule (three years of specialized experience equals one year of college education).

Employer-Employee Relationship-

§ USCIS assesses whether a valid employer-employee relationship exists and will continue throughout the H-1B validity period. The employer must have the right to hire, pay, supervise, and fire the beneficiary.

§ This becomes especially important for staffing companies or remote positions. Evidence may include employment contracts, organizational charts, work itineraries, and proof of supervision or reporting structure.

Labour Condition Application (LCA) Compliance-

§ The employer must receive a certified Labour Condition Application (LCA) from the U.S. Department of Labour before submitting Form I-129. The LCA guarantees that hiring the H-1B worker won't negatively impact the working conditions of American workers and that the business will pay the prevailing rate for the occupation and area.

§ USCIS cross-verifies the details of the LCA, such as wage levels, worksite location, and job title, with the I-129 form to ensure consistency.

Availability of Work and Non-Speculative Employment-

§ The petition must show that real, non-speculative work exists for the beneficiary for the entire requested period. USCIS may request client letters, contracts, or project documentation to confirm ongoing employment opportunities, especially in consulting or third-party placement scenarios.

Maintenance of Status (for Transfers or Extensions)-

§ For beneficiaries already in the U.S., USCIS checks whether the individual has maintained a valid immigration status before filing the H-1B petition. Gaps in employment or violations of prior visa terms can lead to denials.

Proper Filing and Supporting Documentation-

§ Finally, USCIS ensures that the petition is completed correctly, signed, and accompanied by all required evidence and filing fees. Standard documents include the employer’s FEIN verification, company tax records, offer letters, job descriptions, educational transcripts, and LCA copies.

Many student start preparing for the H-1B visa quite in advance of their academic life for the opportunity to obtain a USA visa. In fact, the choice of the appropriate student visa in the early stages has far-reaching significance in terms of future career directions. An awareness of the difference between M-1 and F-1 visas options assumes special significance for college students contemplating training courses vs. academic courses before entry into the USA.

Fees, costs, and timing, including recent fee developments)

· Standard Fees & Costs (Pre-2025 Baseline)- Before the 2025 amendments, H-1B visa fees consisted of several mandatory and optional charges. The registration fee was set at US$215 per beneficiary, while the Form I-129 petition filing fee stood at around US$780 for standard employers. Small employers and nonprofit organizations paid a reduced rate, typically US$460. The ACWIA (training) fee is US$750 for businesses with up to 25 employees and US$1,500 for those with 26 or more. Additionally, employers were required to pay a US$500 Fraud Prevention & Detection fee. Large employers—those with over 50 U.S. employees where more than half were on H-1B or L-1 visas—had to contribute an extra US$4,000 under Public Law 114-113. Optional Premium Processing was available at US$2,805, ensuring 15-day adjudication.

· Timing and Processing Windows-The H-1B registration process opens for a short, pre-announced period during which employers submit beneficiary details. After registration closes, USCIS conducts a lottery to select eligible candidates. Employers whose registrations are chosen have approximately 90 days to file the complete Form I-129 petition with the necessary documentation and applicable fees. The adjudication phase may involve Requests for Evidence (RFEs), site inspections, and fraud checks before final approval or denial.

· Recent and New Fee Developments (2025)- Under the H.R. 1 Reconciliation Bill, effective July 22, 2025, USCIS increased filing fees for various forms, requiring compliance with new rates or facing rejection. More significantly, a presidential proclamation introduced a one-time US$100,000 supplemental fee effective September 21, 2025, applicable to new H-1B petitions only. This rule excludes renewals, amendments, or petitions filed before the effective date. It also directs the Departments of Homeland Security (DHS) and Labour (DOL) to propose higher wage prioritization for skilled positions.

· Implications and Practical Considerations- The new supplemental fee drastically increases employer costs, especially for companies hiring from abroad. Filing before the cutoff date allows avoidance of the additional fee, making timing crucial. Employers must ensure fee accuracy for petitions postmarked after July 22, 2025, to prevent rejections. While Premium Processing remains an option, the overall cost of securing an H-1B worker has surged, likely influencing employer hiring strategies and potentially triggering legal challenges to the new fee framework.

H-1B Visa Fee Comparison: Before vs After 2025 Updates

Fee Type	Before 2025	After 2025 (New Rules)	Effective Date	Who Pays / Applies To	Notes & Key Changes
Electronic Registration Fee	$10 (introduced 2020)	$215	April 2025 (FY 2026 registration cycle)	Employer (per beneficiary)	Major increase to deter duplicate or frivolous registrations.
Form I-129 Filing Fee	$460	$780 (standard employers)	July 22, 2025	Employer	Increased under H.R. 1 Fee Rule; must use correct fee or petition rejected.
ACWIA Training Fee	$750 (≤25 employees) / $1,500 (≥26 employees)	Unchanged	—	Employer	Funds U.S. workforce training programs; mandatory for all new petitions.
Fraud Prevention & Detection Fee	$500	$500 (unchanged)	—	Employer	Still required for all initial petitions and change-of-employer filings.
Public Law 114-113 Fee	$4,000 (large H-1B/L-1 employers)	$4,000 (unchanged)	—	Employers with 50+ U.S. employees and 50%+ in H-1B/L-1 status	Applies mainly to large tech/service firms.
Premium Processing Fee	$2,500	$2,805	February 26, 2025	Optional (Employer or Beneficiary)	Guarantees USCIS decision in 15 calendar days.
New Supplemental Fee	—	$100,000	September 21, 2025	Employer (for new petitions filed outside U.S.)	Presidential proclamation fee; applies only to new H-1B entries, not renewals.
H-4 Dependent EAD Fee	$410	$470	July 22, 2025	Beneficiary’s spouse	Reflects USCIS cost-recovery adjustment.
Biometric Fee (if required)	$85	$85 (unchanged)	—	Beneficiary	Still applies to certain security or identity checks.

Timeline Summary of Recent Fee Developments

Date	Change / Policy Update	Description / Impact
April 2025	H-1B registration fee raised to $215	Major cost increase for employer registrations in the lottery.
July 22, 2025	USCIS's new fee schedule under H.R. 1	New I-129, EAD, and other form fees are effective; incorrect fees → rejection.
August 21, 2025	Enforcement of new fees	USCIS rejects any petitions filed with outdated fee amounts.
September 21, 2025	$100,000 supplemental fee begins	Applies to new H-1B petitions for beneficiaries outside the U.S. for 12 months.
Ongoing (2025–2026)	DHS and DOL proposed wage rulemaking	Plans to increase prevailing wages and prioritize higher-paid, highly skilled roles.

Impact of the Latest Proposals on H-1B Visa Stakeholder Groups

The late-2024 and 2025 H-1B visa reforms have far-reaching implications across multiple stakeholder groups. Each reform — from the modernization rule to the $100,000 supplemental fee and the shift toward wage-based selection — reshapes how employers, foreign professionals, educational institutions, and the U.S. economy engage with skilled immigration.

Large tech employers: Higher selection weights for higher wages may favour established firms that pay higher salaries. However, the new $100k fee (if sustained) could create added cost pressure and operational disruption. Litigation is underway.
Startups and smaller employers: Smaller companies could be disadvantaged if selection favours higher pay; they must consider alternative strategies (increased wages, cap-exempt hires, remote placements in cap-exempt institutions).
Beneficiaries: Those with higher wage offers or advanced degrees may see improved odds under weighted selection. However, litigation and rule changes can add uncertainty to timing and cost.

Practical employer checklist to prepare

Audit job classifications & wages: Ensure SOC codes and wage levels are defensible and documented. If DHS finalizes wage-weighted selection, correct SOC and wage choice at registration is crucial.
Plan budgets: Include potential new fees (monitor litigation on the $100k fee) and rising prevailing wages.
Strengthen third-party placement documentation, including site contracts, supervision structures, and itineraries. USCIS scrutiny is high for consulting models.
Use experienced immigration counsel, especially for multi-state workplaces and complex placements. Attorneys can help tailor job descriptions to meet specialty occupation tests and prevailing wage alignment.
Track regulatory updates: Set alerts for Federal Register notices from DHS and DOL; changes may be rapid and consequential.

What do you do if you are an H-1B beneficiary?

Documentation: Keep degree certificates, evaluations, passport copies, prior employment records, pay stubs, and copies of petitions.
Understand portability: When changing employers, confirm that the new employer filed I-129 and you have documentation; travel during pending transfers has risks — consult your attorney.
Green card strategy: Discuss timing with your employer early; priority date retrogression affects many applicants from India and China.
Plan for uncertainty: Given litigation over fees and proposed rules, consider contingency plans (cap-exempt roles, remote work in other countries, or alternate visa categories if needed).

What are the common mistakes you should avoid when getting an H1B Visa?

Incomplete or inaccurate petitions- Submitting forms with missing information, incorrect dates, or inconsistent details can lead to delays, RFEs, or denials. Accuracy is critical for both registration and Form I-129 filing.

Missing deadlines—Failure to submit registration or a petition within the prescribed window can result in missed opportunities, especially in lottery-based selection.

Insufficient documentation- Not providing proof of speciality occupation, degree equivalency, or employer-employee relationship can trigger RFEs or denials.

Noncompliance with LCA requirements—Employers must comply with prevailing wage and workplace condition rules; ignoring these obligations can invalidate the petition.

Duplicate registrations—Under the new beneficiary-centric system, submitting multiple registrations for the same beneficiary under different employers can create complications.

Ignoring policy updates—Failure to monitor fee changes, supplemental fees, or new rules may result in rejected petitions or financial penalties.

Conclusion-

In conclusion, the H-1B visa remains one of the most significant pathways for skilled foreign professionals to work in the United States, driving innovation, diversity, and global competitiveness. However, with evolving policies, new fee structures, and heightened compliance requirements in 2025, both employers and applicants must stay informed and proactive. Understanding the eligibility criteria, registration process, and legal nuances can make a decisive difference in successful filings. As the U.S. continues to balance immigration reforms with workforce needs, the H-1B program is likely to see further refinements. Staying aligned with official USCIS updates, consulting legal experts, and adhering to deadlines are essential steps to navigate this dynamic visa landscape effectively and ensure long-term professional success in the U.S.

FAQs on H1B Visa-

Q1: Is the new wage-weighted lottery final?

Ans- As of October 2025, it is a DHS proposed rule in the Federal Register, and the rulemaking process has not been completed; proposals can change. Employers should prepare but not assume the final text until rulemaking is complete.

Q2: Is the $100,000 fee currently required?

Ans- The administration announced a $100,000 one-time fee for new petitions in September 2025; however, that action is facing lawsuits, and the policy’s final status is subject to court decisions. Monitor agency guidance closely.

Q3: Can an H-1B worker start work for a new employer immediately after filing a transfer?

Ans- Generally, yes, under portability rules if the new employer files a nonfrivolous I-129 and the beneficiary is in lawful H-1B status. There are nuanced exceptions that confirm with counsel.

Q4: What are the new H-1B registration timelines for FY 2026?

Ans: The registration window typically opens in March and runs for two to three weeks. Under the updated system, each beneficiary must have a unique passport or travel document number to prevent duplicate entries. Employers must ensure accuracy and timely submission to remain eligible for the lottery.

Q5: How long can someone stay in the U.S. on an H-1B visa?

Ans: The standard H-1B validity is three years, extendable up to six years in total. Extensions beyond six years may be possible if the worker is in the process of obtaining permanent residency through an approved I-140 petition or other qualifying immigration steps.

Q6: Are remote or hybrid work arrangements allowed for H-1B employees?

Ans: Yes, but the employer must comply with Labour Condition Application (LCA) requirements for every work location. Significant remote work outside the listed worksite may require filing an amended petition with USCIS to maintain compliance.

Q7: Can H-1B dependents (H-4 visa holders) work in the U.S.?

Ans: H-4 dependents can apply for Employment Authorization Documents (EAD) if the H-1B principal has an approved I-140 or is pursuing green card processing. EAD holders can then work legally in the U.S. without employer sponsorship.

Q8: What happens if an H-1B worker is laid off or their employment ends?

Ans: The H-1B worker typically has a 60-day grace period (or until visa expiration, whichever is shorter) to find a new employer, change visa status, or depart the U.S. Timely filing of a new petition within this period is essential to maintain lawful status.

Q9: Can H-1B workers change employers multiple times?

Ans: Yes, there’s no limit to the number of transfers, as long as each new employer files a valid H-1B petition. The worker can begin employment with the latest company upon USCIS receipt of the filing, provided prior H-1B status remains valid.

Q10: What are the most common reasons for H-1B petition denials or RFEs?

Ans: Common reasons include insufficient evidence of a “specialty occupation,” lack of employer-employee relationship, inconsistent wage documentation, or incomplete LCAs. Maintaining precise documentation and legal compliance can significantly reduce denial risks.