Health Care Employers: Act Now to Take Advantage of H-1B Visa Program

The fiscal year (FY) 2023 H-1B cap season is quickly approaching. Employers in the health care industry should decide now whether they want to take advantage of the H-1B visa program by temporarily hiring foreign nationals in specialty occupations.

The online registration process and lottery selection rules for the FY 2022 cap season will stay the same for FY 2023. The Trump administration’s proposed H-1B final rule that would have changed the H-1B selection process from a random lottery to one that favors higher wages was set aside by the courts last year and will not be implemented.

A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent. Common specialty occupations in the health care industry include:

• • Audiologists
  • Chiropractors
  • Cytotechnologists
  • Dietitians
  • Genetic counselors
  • Medical technologists
  • Nutritionists
  • Occupational therapists
  • Physical therapists
  • Physician assistants
  • Physicians
  • Psychologists
  • Recreational therapists
  • Speech language pathologists
  • Optometrists
  • Podiatrists

This year’s online H-1B visa registration period runs from noon EST on March 1 to noon EST on March 18. It only costs $10 to register per prospective employee, and employers can submit registrations for up to 250 prospective employees. USCIS will randomly select registrants and send selection notices by March 31. Selected registrants will then have 90 days to submit an H-1B petition to USCIS, along with additional fees and supporting evidence. If the H-1B petition is approved, employees can begin working as early as Oct. 1.

Please contact Brandon Davis or Laura Buck of Phelps’ Immigration team if you have any questions or need compliance advice or guidance.