The H1-B visa is designed for individuals in specialty occupations who want to temporarily live and work in the United States. However, the H1-B visa can be a bit complicated, so we’ll walk you through the details and how to apply.
It’s important to note that there are a limited number of H1-B visas awarded each year. The H1-B visa filing period usually opens on April 1st for employment starting on October 1st of the same year.
Who is eligible for an H1-B visa?
The H1-B visa is a temporary work visa designed for foreign professionals with specialized knowledge and skills. If you're a tech whiz, a marketing guru, or an expert in your field, this could be your ticket to working in the U.S. Essentially, it allows U.S. employers to hire foreign workers in specialty occupations.
What qualifies as a “specialty occupation”?
Specialty occupations are roles that require a high level of specialized knowledge, usually obtained through a bachelor's degree or other form of higher education. This could include roles in IT, engineering, healthcare, finance, and more. If you've got the skills and the credentials, you've met the first requirement for the H1-B visa.
What is the H1-B visa lottery?
The United States government sets a cap for the number of H1-B visas awarded each year. There are usually more applications than available slots, and as a result, a lottery system is used to randomly select petitions that will be processed for further consideration.
There are two main caps for H1-B visas: the regular cap and the advanced degree cap. The regular cap is set at 65,000 visas, and an additional 20,000 visas are available under the advanced degree cap for individuals with a U.S. master's degree or higher.
If the number of petitions received exceeds the cap, a random lottery is conducted to select the petitions that will be processed. First, the lottery is conducted for the advanced degree cap. Any unselected petitions from this pool are then added to the general pool, and a second lottery is conducted to select the remaining petitions.
Petitioners whose applications are selected in the lottery are notified by the U.S. Citizenship and Immigration Services (USCIS). Those not selected in the lottery are returned, along with their filing fees.
Note: certain petitions, such as those filed by institutions of higher education and certain nonprofit entities, are exempt from the annual cap.
Can I bring family members on an H1-B visa?
Yes! The H1-B visa allows you to bring your spouse and unmarried children under the age of 21 with you. They can even attend school in the U.S. if they choose. They’ll need to separately apply for the H-4 visa, which is specifically for dependents of H1-B visa holders.
How long is an H1-B visa?
The H1-B visa is typically granted for an initial period of three years, but you can extend it for another three, and there’s potential for more extensions depending on your circumstances.
The H1-B Application Process
- Find a US employer.
Before anything else, secure a job with a U.S. employer willing to sponsor your H1-B visa. The position should fall under the category of a "specialty occupation" and typically requires a bachelor's degree or higher.
- Your employer files a Labor Condition Application (LCA).
This application includes information about your job including wages, working conditions, and location for your position.
- Your employer submits form I-129 petition.
Once the LCA is approved, your employer files Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS). This form outlines the specifics of the job and your qualifications. USCIS may request additional documentation.
If your I-29 petition is approved, you’ll receive a Form I-797, Notice of Action, indicating that your petition was accepted. If there are any issues, USCIS may issue a Request for Evidence (RFE) seeking more information. You can learn more about RFEs here.
- Consular Processing or Change of Status
If you're outside the U.S., you'll need to undergo consular processing at a U.S. embassy or consulate in your home country. If you're already in the U.S., you can apply for a change of status using Form I-539. Consular processing requires attending a visa interview.
Bring all required documentation to the visa interview, including your Form I-797, valid passport, visa application forms, and supporting evidence of your qualifications.
- Approval and entry
If approved, you'll receive an H1-B visa stamp in your passport. If you changed your status within the U.S., you'll receive an updated Form I-797. You can then work for the sponsoring employer in the designated specialty occupation.
Remember, the H1-B visa process can be complex, and it's crucial to stay informed and seek professional guidance when necessary. We’re here to help you with all of your visa filing needs, so feel free to reach out to us here.
