The H-1B visa program is an important part of the U.S. economy, helping U.S. employers hire skilled foreign workers in specialized jobs. Whether you’re an employer seeking top talent or an individual looking to work in the U.S., understanding the H-1B visa process is key. This easy-to-follow guide will explain everything from eligibility requirements to how to apply, and how it connects to U.S. law and visas.
What is the H-1B Visa?
The H-1B visa is a non-immigrant visa that lets U.S. employers hire foreign workers for temporary jobs in specialty occupations. These jobs usually require a bachelor’s degree or higher in a specific field.
Key Points About the H-1B Visa:
- Specialty Occupation: The job must require specialized knowledge and at least a bachelor’s degree in a related field.
- Employer Sponsorship: A U.S. employer must sponsor the foreign worker and submit petitions to U.S. Citizenship and Immigration Services (USCIS).
- Annual Cap: There is a limit on how many H-1B visas can be issued each year. If applications exceed this limit, a lottery is held.
- Lottery System: If more applications are received than the cap allows, a lottery randomly selects which applications will be processed.
- Duration: The H-1B visa is valid for three years but can be extended.
- Dual Intent: H-1B visa holders can apply for permanent residency (green card) while on the visa.
Benefits for Employers:
- Access to highly skilled workers from around the world
- Fill gaps in the U.S. workforce
- Stay competitive in a global economy
Benefits for Employees:
- Work in the U.S. in your area of expertise
- Gain international work experience
- A potential path to permanent residency (green card)
Is the H-1B a Green Card?
The H-1B visa is not a green card, but it can be a stepping stone toward getting one. The H-1B visa allows “dual intent,” meaning holders can apply for a green card while on the visa. However, you must go through a separate process to obtain a green card.
Updates for U.S. Graduates and DACA Recipients
In mid-2024, the Biden administration introduced changes to make the visa process faster, especially for U.S. college graduates and DACA recipients. Key updates include:
- Faster Processing: Quickened processing for skilled workers, including DACA recipients, with job offers.
- Waiver Clarifications: Updated guidelines for faster processing for certain applicants.
- Expanded Eligibility: U.S. graduates and DACA recipients now have more opportunities, with potential eligibility in non-STEM fields as well.
- Faster Interviews: For most overseas applicants, interview wait times are now shorter.
H-1B Visa Requirements
To qualify for an H-1B visa, both the job and the worker must meet certain criteria.
For the Employer:
- Specialty Occupation: The job must require specialized knowledge and at least a bachelor’s degree.
- Labor Condition Application (LCA): Employers must submit an LCA to the U.S. Department of Labor, ensuring fair wages and working conditions.
- Sponsorship: The employer must submit Form I-129 to USCIS and, if necessary, complete the electronic registration for the H-1B lottery.
For the Employee:
- Educational Qualifications: The worker must have a degree (or equivalent experience) in the field related to the job.
- Job Offer: A legitimate job offer in a specialty occupation is required.
- Work Experience: Relevant work experience may be necessary in some cases.
- Licensing: If required for the job, the employee must have the appropriate state license.
H-1B Specialty Occupations
To qualify as a specialty occupation, the job must typically require a bachelor’s degree or higher. Here are the criteria:
- Position Criteria: The job must require education, industry standards, complexity, or employer practice that demands a degree.
- Employee Qualifications: The worker must have a degree, training, or experience equivalent to a U.S. bachelor’s degree in the required field.
Understanding the H-1B Visa Cap
If the number of applications exceeds the annual cap, USCIS holds a lottery to select which applications will be processed.
How Long Does the H-1B Visa Take?
The application process can vary, but here’s a general timeline:
- Lottery Process: If there’s a cap, USCIS conducts a lottery after the registration period in March.
- Petition Filing: Selected applicants have about 90 days to submit their full petitions.
- Processing Time: Regular processing takes a few months, but premium processing (for an extra fee) speeds it up to about 15 calendar days.
H-1B Visa Costs
- H-1B Registration: $215 to enter the lottery.
- Form I-129 Filing: Employers pay $780 or $460 for small businesses and nonprofits.
How to Apply for an H-1B Visa
The application process includes several steps:
- Employer’s Job Offer: The employer determines the need for a specialized worker and finds a candidate.
- H-1B Registration: During the registration period, the employer submits an electronic registration.
- Labor Condition Application (LCA): If selected, the employer submits an LCA to the Department of Labor.
- I-129 Petition: The employer files the Form I-129 petition with USCIS.
H-1B Visa Interview and Approval
- If You’re Outside the U.S.: You’ll attend an interview at a U.S. embassy or consulate.
- If You’re Inside the U.S.: No interview is required for a change of status.
- Approval Notice: Once approved, you can start working with the employer on the specified start date.
H-1B Visa Stamp and Re-entry
If you leave the U.S., you will need an H-1B visa stamp to return. This is done through an interview at a U.S. embassy or consulate.
What to Bring to the H-1B Interview:
- A valid passport.
- Your approved I-129 petition and I-797 approval notice.
- Proof of payment for application fees.
- A passport-sized photo meeting U.S. requirements.
Next Steps: From H-1B to Green Card
After getting the H-1B, many aim to transition to a green card:
- PERM Labor Certification: The first step in the green card process.
- I-140 Petition: Petition for permanent residency.
- I-485 Adjustment of Status: The final step to become a permanent resident.
H-1B FAQs
When Can I Register for the H-1B Lottery?
Check the USCIS website each year for exact registration dates.
Can I Expedite the Process?
Yes, premium processing allows faster decision-making for an additional fee.
Can My Family Join Me?
Yes, spouses and children under 21 can come on H-4 visas. Spouses may also apply for work authorization.
How Long Can I Stay on the H-1B Visa?
The H-1B visa is valid for three years, with possible extensions up to six years.
This guide covers the basics of the H-1B visa, but keep in mind that immigration law can be complex. If you have more questions or need help, it’s a good idea to speak with an immigration attorney or use online resources to guide you through the process.
