H1B Visa Overview
The H-1B visa is a nonimmigrant work visa that allows U.S. employers to hire foreign
workers with specialized skills to
work in the United States for a specific period of time. Typically, the roles
require a bachelor’s degree or equivalent.
Occupations that qualify for the H-1B visa are typically in fields such as
technology, finance, engineering,
architecture, or more.
H-1B Visa Eligibility
In order to be eligible for the H1B visa, you will need:
A valid job offer from a U.S. employer for a role that requires
specialty knowledge
Proof of a bachelor’s degree or equivalent experience in that field
Your employer must show that there is a lack of qualified U.S.
applicants for the role
Understanding the H-1B Visa Cap
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 limited number of visas that can be issued each year.
The H-1B 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.
First, your employer will need to submit a Labor Condition
Application (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 employees.
Once the LCA has been certified by the DOL, your employer will have
to complete Form I-129, “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, 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.
Frequently Asked Question
The H-1B lottery electronic registration for FY 2025 will run
from March 6 to March 22, 2024. NOTE: The dates vary each
year, so be sure to check USCIS’ information page for the exact
dates for the upcoming fiscal year.
To see if you are eligible to file for an H-1B visa, you can
check your USCIS online account. The account will show the
status of your application. The employer or attorney who
registered for the H-1B should also get a notification in an
email telling them if their registration was selected in the H1B
visa lottery.
Yes, premium processing is available for the H1B visa. To
request premium processing, you will need to submit Form
I-907, Request for Premium Processing Service, and pay the
filing fee 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.
Having a valid visa allows you to go to a U.S. port of entry and
request entry to the U.S.. If you leave the U.S. for
travel and return, as long as your H-1B visa is still valid, you
may be able to be admitted on H-1B status. You may wish
to bring evidence of your employment or your visa validity with
you to present at the border.
If your H1B visa is subject to the cap, you will need to
register online 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.
The H-1B visa is valid for three years and can be extended for
up to six.
It depends. If your spouse holds an H-4 visa, they may be able
to apply for employment authorization if you, the H-1B
visa holder, is on track to get a green card
The government sets a cap on the number of H-1B visas it issues
each year. Currently, the cap is 65,000 visas per fiscal
year, with 20,000 additional visas available for those who have
a master’s degree or higher.
