H-1B Registration: the Work That Belongs to Autumn

Registration is a lottery with a short window. Job descriptions, wage levels and candidate eligibility are decided months before it opens.

Reviewed by Ekaterina Fitenko, Esq. — Florida Bar #1064536. With 20+ years of experience in the legal field, she advises Russian- and Ukrainian-speaking clients on immigration filings and case strategy, in English and Russian.

Why the Work Is Autumn Work

The registration window is short and the filing period that follows selection is also short. Everything that takes weeks — position analysis, wage determination, degree evaluations, candidate documents — has to exist before either window opens, or selection becomes a deadline you cannot meet.

Who Is Cap-Subject

Most H-1B petitions count against the annual numerical limit, but some do not: qualifying institutions of higher education and affiliated nonprofit and research organisations are cap-exempt, and a candidate who already holds cap-subject H-1B status may not need a new registration at all.

Sorting candidates into these groups first is what prevents a company from spending the season on a registration it did not need, or missing one it did.

The Position Has to Be a Specialty Occupation

The role must require theoretical and practical application of highly specialized knowledge and at least a bachelor's degree or equivalent in a specific specialty. A description written for recruitment purposes rarely says that; a description written as evidence does.

The recurring defect is a requirement stated as a degree in any field, which does not satisfy the standard and cannot be repaired after filing.

Wage Level Is Decided With the Duties

The wage level has to be consistent with the responsibilities described. Choosing a level to reduce cost and then describing senior duties produces a contradiction inside the employer's own filing. Deciding both together, in the autumn, avoids a choice made under time pressure in the spring.

Foreign Degrees and Equivalency

Where a candidate's degree was awarded abroad, an equivalency evaluation may be needed, and where the field does not map cleanly onto the position, the connection has to be argued with evidence. Both take time and neither is a formality.

Frequently Asked Questions

When should H-1B preparation start?

In the autumn preceding the cap season. Position analysis, wage determination, degree evaluations and candidate documents all take weeks, and both the registration and filing windows are short.

Which employers are exempt from the cap?

Qualifying institutions of higher education and affiliated nonprofit and research organisations. Their timetable is different because they are not tied to the registration season.

Can we require a bachelor's degree in any field?

Not for this purpose. The position must require a degree in a specific specialty; a requirement of any degree does not establish a specialty occupation.

Can we pick the lowest wage level?

Only if it matches the duties described. A junior level attached to senior responsibilities contradicts the employer's own filing and is read that way.

What happens if our registration is selected?

A complete petition must be filed within the designated period. That is why the petition materials are assembled before selection rather than after it.

How much is the initial consultation?

$200 for 30 minutes, in English or Russian. Call (305) 315-3425 or email fitenkolaw@gmail.com to schedule, or start with the intake form.

This article is informational only and is not legal advice. Immigration rules, fees and processing times change; confirm current requirements with the agency or with counsel before relying on anything here.