Apply for an H-1B Visa

The H-1B visa is a popular U.S. work visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. This non-immigrant visa is highly sought after due to its association with high-skilled job opportunities, particularly in technology, engineering, finance, healthcare, and academia.

What is the H-1B Visa?

The H-1B visa is designed for professionals working in fields that typically require a bachelor's degree or higher. It enables employers to hire international talent to fill specialized roles when qualified U.S. workers are unavailable.

Key Highlights:

Employer-sponsored visa for specialty occupations
Valid for an initial period of up to three years
Extension possible for a maximum of six years
Subject to an annual cap (65,000 standard and 20,000 additional for U.S. master's degree holders)

H-1B Visa Application Process

Applying for a J-1 visa involves several steps:

1. Registration for the H-1B Lottery

»Employers must register online with USCIS during the annual registration period.
»If demand exceeds the cap, USCIS conducts a random lottery.

2. Filing the Petition

»Selected employers file Form I-129 (Petition for a Nonimmigrant Worker) with supporting documentation.
»An approved LCA must accompany the petition.

3. Visa Stamping and Entry

»If the petition is approved, the beneficiary may apply for an H-1B visa at a U.S. consulate and enter the U.S. to begin employment.

H-1B Visa with approved stamp on US flag background

H-1B Visa Eligibility Requirements

To qualify for the H-1B visa, both the employee and employer must meet specific criteria:

For the Employee:

★Must hold at least a bachelor's degree or equivalent in a relevant field
★The job must require a degree typical to the position
★Foreign degrees must be evaluated for U.S. equivalency

For the Employer:

★Must submit a Labor Condition Application (LCA) with the U.S. Department of Labor
★Must offer a wage that is equal to or higher than the prevailing wage for that role

H-1B Visa Cap and Lottery System

The H-1B program is subject to an annual cap:

»65,000 visas for regular applicants
»20,000 visas reserved for applicants with U.S. master's degrees or higher

Due to high demand, USCIS typically receives far more petitions than available visas, resulting in a lottery selection process.

Duration, Extensions, and Renewals

»Initial Validity: Up to 3 years
»Extensions: Up to 6 years total
»Beyond 6 years: Possible under certain conditions, such as pending green card processing

H-1B Portability and Transfers

H-1B workers can change employers under the portability rules:

»New employer must file a new H-1B petition
»Worker can begin work once USCIS issues a receipt notice

H-1B Visa Benefits

»Opportunity to live and work in the U.S. legally
»Eligible for dependents (H-4 visa) who may study in the U.S.
»Certain H-4 spouses can apply for work authorization
»Can serve as a pathway to a Green Card (permanent residency)

H-1B Visa Limitations and Considerations

»Tied to employer sponsorship—job loss can affect legal status
»Strict compliance with job role, employer, and location
»Not all employers are eligible to sponsor H-1B workers
»Subject to annual cap, so not guaranteed even if eligible

Why Work with an Immigration Attorney?

The H-1B process involves legal, procedural, and strategic considerations. Working with a qualified immigration attorney can help:

»Ensure timely and accurate filings
»Improve chances of approval
»Strategize for H-1B cap-exempt options or green card transition