You may have typed an Immigration Question like “How can I work in the U.S.?” into a search engine, and chances are you have come across the H-1B visa. This nonimmigrant visa plays a key role in the U.S. workforce, helping employers bridge skill gaps by bringing in global talent.
This blog explains H-1B visa requirements, including the H-1B Registration Process, the H-1B Cap, and the H-1B Lottery.
What Is the H-1B Visa?
The H-1 visa is a nonimmigrant classification that temporarily allows U.S. employers to employ foreign professionals in specialty occupations. These jobs typically require at least a bachelor’s degree and include engineering, IT, finance, and healthcare fields.
It also covers:
- Exceptional merit service roles in Department of Defense (DOD) cooperative research and development projects (H-1B2)
- Fashion models of distinguished merit or ability (H-1B3)
What are the Benefits of an H-1B Visa?
For employers, the H-1 visa means access to a global pool of highly skilled workers. For foreign nationals, it opens doors to valuable international experience and a potential pathway to permanent residency.
Key Benefits:
- U.S. employers remain competitive by filling specialized roles.
- Employees get the chance to live and work legally in the U.S.
- Dual intent allows H-1B holders to pursue a green card while on a temporary visa.
The H-1B visa may be your stepping stone to a green card. Connect with an Immigration Question attorney today for assistance.
What are H-1B Visa Requirements?
To qualify for an H-1B visa, the job and the candidate must meet specific criteria.
For Employers:
- Specialty Occupation:
The role must require specialized theoretical and practical knowledge, usually in IT, medicine, architecture, or engineering. A minimum of a bachelor’s degree is typically required.
- Labor Condition Application (LCA):
Employers must file an LCA with the Department of Labor, attesting that:
- The foreign worker will be paid the prevailing wage.
- The hire won’t negatively impact U.S. workers.
- No strikes or layoffs are occurring in the occupation.
Note: H-1B2 (DOD) applicants are exempt from the LCA requirement.
- Employer Sponsorship & Petition Filing:
Employers must:
- Submit Form I-129 (Petition for a Nonimmigrant Worker) to USCIS.
- Complete the H-1B Registration Process if subject to the H-1B Cap.
- Demonstrate a legitimate employer-employee relationship.
For Employees:
- Educational Qualifications: You must have a bachelor’s degree (or its equivalent) in a relevant field. Foreign degrees may need evaluation for U.S. equivalency.
- Job Offer: A legitimate job offer from a U.S. employer for a specialty occupation is required.
- Work Experience: Relevant work experience may strengthen your case depending on the role.
- Licensing: If your field requires a state-specific license (e.g., medicine, law, or engineering), you must typically obtain it before petition approval.
What Is a Specialty Occupation?
A job qualifies as a specialty occupation if it meets at least one of these:
- Requires a bachelor’s degree or higher
- Degree requirement is standard in the industry
- Job duties are complex enough to need a degree
- The employer typically requires a degree for the position
The applicant must also meet at least one of the following:
- Hold a U.S. bachelor’s (or higher) degree in the specialty.
- Have equivalent education or experience recognized as meeting the U.S. standard.
What is the H-1B Registration Process & Lottery?
A frequently asked Immigration Question is how the H-1B Lottery works. Here is a step-by-step breakdown.
- Job Offer and Employer Registration
- Employer identifies a qualified candidate for a specialty occupation.
- During the registration window, the employer submits an electronic registration for the H-1B candidate via the myUSCIS portal.
- H-1B Lottery
- If registrations exceed the annual H-1B Cap (currently 85,000), USCIS randomly selects candidates through a lottery system.
- Labor Condition Application
- Once selected, the employer files an LCA with the Department of Labor to certify wages and working conditions.
- Petition Filing
- Employer prepares and files Form I-129 with the certified LCA and supporting documents (resume, proof of qualifications, job offer letter, etc.)
- USCIS Processing
- USCIS reviews the petition.
- They may issue a Request for Evidence (RFE) before deciding.
- Visa Interview
- If the candidate is outside the U.S., they must attend a visa interview at a U.S. consulate after submitting Form DS-160.
- Entry to the U.S.
- Upon visa approval, the candidate can enter the U.S. up to 10 days before the job starts.
- Customs and Border Protection (CBP) will verify eligibility at the port of entry.
What is the H-1B Visa Cap?
The H-1B visa program is subject to an annual cap:
- 65,000 regular cap
- 20,000 additional spots for applicants with U.S. master’s degrees or higher
If the number of registrations exceeds the cap, the H-1B Lottery determines which applicants can move forward.
Final Thoughts
The H-1 visa process can feel overwhelming, especially with the H-1B Lottery and Cap limitations. However, employers and foreign professionals can succeed with the correct information and extensive preparation.
Visit Immigration Question today to connect with an immigration attorney and increase your chances of success.
FAQs About the H-1B Visa
What happens when children of H-1B holders turn 21?
They may “age out” of H-4 dependent status and must change status (e.g., F-1 visa) or leave the U.S.
Can spouses of H-1B holders work?
Certain H-4 visa holders (spouses) may apply for work authorization if the H-1B holder has an approved I-140 immigrant petition.
How many years can I stay in the USA with an H-1B visa?
The initial period of stay is three (3) years. Stay can be extended for three (3) years, allowing a maximum stay of six (6) years.
Is the H-1B a green card?
The H-1B is not a green card. It is a “dual intent” visa, which allows holders to pursue permanent residency while legally working in the U.S.
Who can sponsor an H-1B visa?
Only U.S. employers can sponsor an H-1 visa.
Can I switch employers while on an H-1B visa?
You can change employers while on an H-1B visa. However, the new employer must file a new H-1B petition.
Do I need to go through the lottery again if I change jobs?
If you have already been selected for the H-1B Lottery and hold H-1B status, you do not need to go through the lottery again when switching employers.
