Visas 101
The H-1B Visa Breakdown
What is the H-1B Visa?
The H-1B visa allows U.S. employers to hire foreign workers in specialty occupations. It is a non-immigrant visa, meaning it is temporary, and you must return home when your visa expires.
Key Facts
Visa Type: Non-immigrant work visa
Duration: Initially up to 3 years, extendable to 6 years
Lottery System: Potential applicants register for entry into a lottery pool from which USCIS randomly select 65,000 people to apply.
Employer Sponsorship Required: Individuals cannot apply for an H-1B visa on their own.
Examples of specialty occupations include fields such as architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts.
H-1B visas have an annual cap of 65,000, and the number of visa applicants typically exceeds the number of available visas. Before you can apply for an H-1B visa, you must register with USCIS during an annual 2-week window (usually in March or April). USCIS then randomly selects registrations to proceed to the full H-1B petition and application stage. Not all H-1B visas are subject to the annual cap. Petitions filed by government, nonprofits, and other educational institutions are exempt. Plus, an additional 20,000 H-1B visas are issued for applicants with a master’s degree (or higher) to work in U.S. educational institutions. For more info on the H-1B visa cap visit the USCIS website.
Who is eligible for the H-1B Visa?
To be qualify for the H-1B visa, both the Worker and the Employer must meet specific criteria:
The Worker must:
Hold a bachelor’s degree (or higher) in a specific field directly related to the offered position.
If the degree is from an institution outside the US it may need to be evaluated to check that it's equivalent to a U.S. degree.
In some cases a bachelor's is not required if you have equivalent education, training, and/or experience, and recognition of expertise through progressively responsible positions in the field.
Have a job offer from a U.S. employer for a specialty occupation.
Have work experience: Depending on the specific occupation and degree, you may be required to demonstrate relevant work experience in the field.
Have Licensing: If the occupation requires a license to practice in the state where the employee will work, the employee typically must have that license before the H-1B petition can be approved.
Maintain a residence outside the US that you intend to return to once your visa expires.
The Employer must:
Demonstrate the job qualifies as a Specialty Occupation, requiring:
Theoretical and practical application highly specialized knowledge, and;
A bachelor’s degree (or equivalent) in a directly related specific specialty.
Labor Condition Application (LCA): The employer must file an LCA with the U.S. Department of Labor, certifying the following:
The H-1B worker will be paid at least the same as similar workers or the local prevailing wage—whichever is higher.
Hiring the H-1B worker will not negatively affect the working conditions of similar U.S. workers.
There is no ongoing strike, lockout, or layoff at the job site when filing the LCA.
H-1B Visa Cost
The cost to register for the H-1B lottery is $215 USD.
The cost to file Form I-129 is $730 USD. The employer is responsible for paying for Form I-129 (Petition for Nonimmigrant Worker). This fee is discounted to $460 USD for small employers and nonprofits.
Beyond Form I-129, the cost to get an H-1B visa can vary depending on the company’s size, the cost to expedite the application, and whether the H-1B applicant is changing employers. For a full fee breakdown visit the USCIS website.
How to Apply for the H-1B Visa: Step-by-Step
The H-1B visa application process involves several steps, which must be completed in a specific order. Here’s a detailed breakdown of the process:
Secure a Job Offer
A US employer must be willing to sponsor you on an H-1B visa. The employer must prove that the job is a specialty occupation and be willing to file the H-1B petition on your behalf.
H-1B Lottery Registration
You or your employer creates a myUSCIS account and submits an electronic registration for the H-1B visa during the annual 2-week window, usually in March or April.
USCIS conducts a lottery to select registrations.
If selected in the lottery, registrants are notified via their myUSCIS account and invited to file a full H-1B petition. H-1B petitions must be filed by the employer within 90 days of receiving an invitation.
Labor Condition Application (LCA)
If selected in the lottery, the employer submits a Labor Condition Application (LCA) to the Department of Labor (DOL).
The employer will need to provide evidence of the job offer, the employee's (beneficiary's) qualifications, and their ability to pay the required wage. A Prevailing Wage Determination (PWD) from the DOL establishes the minimum salary the employer must pay the H-1B worker, ensuring fair compensation and protecting U.S. workers.
The DOL typically certifies the LCA within 7 working days.
H-1B Petition Preparation and Filing
Your Employer prepares and submits Form I-129 (Petition for a Nonimmigrant Worker), which includes the certified LCA, fees, and supporting documentation.
Supporting documents may include proof of your education, professional membership (if relevant), your resume, a employment confirmation letter, and any necessary fees.
The complete petition package is then filed with USCIS
USCIS Processing
USCIS reviews the petition
They may issue a Request for Evidence (RFE) if additional information is needed
USCIS approves or denies the petition
Consular Processing (for those outside the U.S.)
Once your Form I-129 is approved, your employer receives an I-797 Approval Notice, and you can then apply for an H-1B visa.
If you are already in the US and are changing status to H-1B (e.g., from F-1 student status), USCIS processes the change of status without a consular interview. If you are outside the US or will need to travel internationally and re-enter the US on your H-1B status, you will need to complete the following steps to undertake a consular interview:
Submit Form DS-160 (Online Nonimmigrant Visa Application)
Pay Application Fee
Pay the visa application fee
Print the payment confirmation as proof of payment.
Document Preparation
Upload the required documents. At a minimum, these include:
Completed Form DS-160
Form I-797 Approval Notice
Visa application payment receipt
Passport with at least six months validity
Passport photo
Evidence you intend to depart the US after your trip (e.g., a return plane ticket, proof of ties to your home country, and/or employment contract)
Schedule an Interview
Schedule and attend a visa interview at a U.S. embassy or consulate.
At the interview, a consular officer will review your application. Your fingerprints will be taken and you may be asked questions about the your background, job offer, and intentions in the U.S.
The officer will decide whether to approve or deny the visa application.
Depending on your nationality there may be visa a issuance when your visa is approved.
Visa Stamping
If the interview is successful, the H-1B visa stamp will be placed in the applicant's passport.
With the H-1B visa stamp, the individual can re-enter the U.S. on their authorized H-1B status
Admission to the U.S
Once your visa is approved, you can travel to the US up to 10 days before the start of H-1B employment.
At the port of entry, a Department of Homeland Security (DHS) official will decide on your admission to the US.
Begin Employment
You can start working for the sponsoring employer on or after the start date specified in the petition.
For more information on how to apply for your visa, including how to schedule your visa appointment, click here.
What to Bring to the H-1B Interview
Your passport. This should be valid for at least 6 months beyond your date of entry into the United States.
A printout of the confirmation page from your DS-160 Form.
Your appointment confirmation page and the documents listed in the appointment confirmation letter.-
A copy of your approved I-129 petition and your I-797 approval notice.
Receipts showing that you have paid your application fees.
A passport-sized photo of you that meets the U.S. State Department requirements
Evidence you intent to depart the U.S. after your trip, e.g., a return plane ticket, proof of ties to your home country, or your employment contract.
After your interview, you can track the status of your H-1B visa application on the U.S. Consular Electronic Application Center (CEAC) website. Once approved, you’ll receive your passport with the H-1B visa stamp either by mail or by picking it up directly from the consulate.
H-1B Stamping
An H-1B visa stamp is a physical visa stamp placed in your passport by a U.S. embassy or consulate outside the US. It necessary for people to enter or re-enter the U.S. on their H-1B visa.
If you obtained H-1B status through an application filed from within the U.S. (called a “change of status”):
You do not automatically receive an H-1B visa stamp in your passport.
You receive an H-1B approval notice (Form I-797), which lets you live and work in the U.S
However, this notice does not allow re-entry if you leave the country.
To travel internationally and re-enter to the US on H-1B status:
You must get an H-1B visa stamp by attending an interview at a U.S. embassy or consulate.
A consular officer will review your documents and confirm your eligibility.
In summary, the H-1B visa stamp is needed for international travel and re-entry to the US on your H-1B visa, while the approval notice (Form I-797) lets you to live and work in the U.S. on H-1B status.
What Happens Next?
For many H-1B visa holders, the H-1B visa is just a step in the process to obtaining permanent residency (Green Card). Here’s an outline of the process for adjusting your visa status from an H-1B to a Green Card, as well as some things to consider, such as your dependents and time frame:
Green Card Application Process:
PERM Labor Certification
I-140 Immigrant Petition for Alien Worker
I-485 Adjustment of Status or Consular Processing
Delays: The green card process can face significant delays, particularly for applicants from high-demand countries like India and China. These delays are mainly caused by annual per-country caps on employment-based green cards.
Dependents and “Aging Out”
Children of H-1B visa holders risk "aging out" of dependent status if they turn 21 before the parent’s green card is approved, as they may no longer qualify as a dependent for immigration purposes.
If aged out, these young adults may need to switch to a different visa status (such as F-1 student visa) or leave the country.
The Child Status Protection Act (CSPA) provides some protection against aging out, but it does not cover all scenarios and can be complicated to navigate.
Work Authorization for Dependents: H-4 visa holders (spouses of H-1B visa holders) can apply for the right to work if the their H-1B spouse has started the process obtaining a Green Card, which usually involves having an approved I-140 immigrant petition.
Maintaining Status: While applying for a Green Card, it's important that H-1B visa holders continue to follow all visa rules and maintain valid H-1B status throughout the process.
Bonus Tips
Here are some common questions you can expect in your visa interview:
Have you held any U.S. visas in the past?
Why is a Bachelor’s degree necessary for this position?
What specialized skills do you have in your field of expertise?
What is the expected salary for this role?
Can you walk us through your previous work experience?
Why does this role require specialized knowledge or skills?
Have you worked in the United States before?
Can you describe the company you’ll be working for and explain why you want to join them?
What are your plans after your visa expires?
What is the role you’ve been offered, and what will your responsibilities be?
What did you study, and how is it connected to the requirements of this job?
