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    H-1B Visa

What Is an H-1B Nonimmigrant Visa?

The H-1B visa is an employment-based, nonimmigrant visa designed to help U.S. employers hire foreign professionals with highly specialized knowledge. It targets “specialty occupations” that typically require at least a bachelor’s degree or equivalent experience. The H-1B is unique as a “dual intent” visa, meaning holders can pursue permanent residency (a green card) while on a temporary visa, offering a potential path to long-term opportunities in the U.S.

This visa is ideal for well-educated individuals with a job offer from a U.S. employer in fields requiring advanced skills, such as IT, engineering, medicine, or academia. However, the process involves a competitive lottery due to an annual cap, making careful preparation essential. USA Visa Now can assist employers and applicants in navigating the H-1B requirements to secure approval.

Although the H-1B is a nonimmigrant visa, it is a dual-intent visa, meaning holders may pursue permanent residency (a green card) without violating the terms of their status.

Eligibility for the H-1B Visa

To qualify for an H-1B visa, both the applicant and the employer must meet strict USCIS and DOL requirements. Below are the key eligibility criteria.

Position Requirements

The job must qualify as a “specialty occupation,” meaning it requires a bachelor’s degree or higher (or equivalent experience) in a specific field. Examples include engineers, doctors, researchers, accountants, and IT professionals. USCIS also recognizes fashion models of distinguished merit as eligible under this category.

Applicant Requirements

The applicant must meet educational or experiential criteria to qualify for the position:

U.S. bachelor’s degree or higher from an accredited university, relevant to the specialty occupation.

For foreign degrees, an evaluation is needed to confirm equivalence to a U.S. degree.

If lacking a degree, 3 years of relevant work experience can substitute for each year of university education

Employer Requirements

The U.S. employer must meet specific obligations to sponsor an H-1B worker:

Provide an official job offer demonstrating a legitimate business need.

Have the financial ability to pay the prevailing wage, as determined by the DOL.

Comply with DOL regulations, including posting a notice of filing and ensuring no strikes or lockouts exist in the field.

Pay return transportation costs if the H-1B worker is terminated early.

H-1B Visa

H-1B Visa Cap and Lottery

The H-1B visa is subject to an annual cap of 85,000 visas, allocated through a lottery system. This cap is divided into two categories:

  • 65,000 visas for applicants with a bachelor’s degree or higher.
  • 20,000 additional visas for those with a U.S. master’s degree or higher (who are also eligible for the first round, increasing their chances).

Certain employers are cap-exempt, including institutions of higher education, nonprofit research organizations, and governmental research entities. These organizations can apply for H-1B visas at any time without participating in the lottery.

Application Process

The H-1B visa process involves multiple steps, starting with employer registration and ending with the employee beginning work. Below is a step-by-step guide.

Employer Registration

Employers must register for the H-1B lottery during the annual registration period, typically in March, by submitting an electronic registration for each beneficiary.

Lottery Selection

USCIS conducts a random lottery to select beneficiaries from the registrations. Selected employers are notified and can proceed with the petition.

Labor Condition Application (LCA)

The employer submits a Labor Condition Application (LCA) to the DOL, certifying compliance with wage and working condition requirements, such as paying the prevailing wage.

Petition Filing (Form I-129)

The employer files Form I-129 (Petition for a Nonimmigrant Worker) with USCIS, including the approved LCA, supporting documents, and filing fees.

USCIS Review and Decision

USCIS reviews the petition, which can take several months unless premium processing is requested. If approved, the beneficiary is notified.

Visa Stamping

If the beneficiary is outside the U.S., they apply for an H-1B visa at a U.S. consulate. Those already in the U.S. can begin work upon approval.

Start Work

H-1B holders typically begin employment on October 1, the start of the fiscal year, and can work for up to 3 years (extendable to 6 years).

We represent individuals and employers in all types of H-1B petitions, including H-1B Cap, Cap-Exempt, Transfers, Amendments, Concurrent Employment, and Extensions.

Attorney Fee Structure

  • H-1B Cap (New Registration):

    • Registration Fee: $300

    • If selected in the lottery: $2,495

  • Cap-Exempt / Transfer / Amendment / Concurrent / Extension:

    • Attorney Fee: $2,500

H-4 Visa:

  • Attorney Fee: $1,000 (primary applicant)

  • Additional Dependents: $400 each

H-4 EAD:

  • Attorney Fee: $500 per applicant

How to Get Started – Simple 3-Step Process

  1. Request a Retainer
    Fill out a quick form to request your your personalized H-1B Retainer Agreement.
    Request Retainer Agreement

  2. Sign and Begin
    After we receive your signed agreement and attorney fee, we’ll set up your secure client portal. You’ll complete your questionnaire and upload all required documents.

  3. We Prepare & File
    We handle the prevailing wage request, LCA, and USCIS forms, then complete and file your petition. We track your case and provide updates through final approval.

  • Form I-129: $460 (base filing fee for H-1B petition, paid by employer)
  • Fraud Prevention and Detection Fee: $500 (required for new petitions or first extensions, paid by employer)
  • ACWIA Training Fee: $1,500 (26+ employees) or $750 (25 or fewer employees, paid by employer)
  • Form I-907 (Optional Premium Processing): $2,805 (for faster processing, paid by employer or employee)
  • Public Law 114-113 Fee (if applicable): $4,000 (for certain H-1B dependent employers, paid by employer)
  • Visa Application Fee (if outside the U.S.): $205 (for visa stamping, typically paid by employee)
  • Form I-129: Petition for a Nonimmigrant Worker, filed by the employer with USCIS.
  • H Classification Supplement: A required attachment to Form I-129 for H-1B petitions.
  • H-1B Data Collection and Filing Fee Supplement: Details filing fees and petitioner information.
  • Form ETA-9035 (LCA): The approved Labor Condition Application, filed online with the DOL.
  • Form I-907 (Optional): For premium processing, with a $2,805 fee, to expedite USCIS review.
  • Form G-28 (if applicable): Notice of Entry of Appearance if an attorney is representing the petitioner.
  • Supporting Documents: Job offer letter, proof of the beneficiary’s qualifications (e.g., degree or work experience evaluation), and employer financials.
H-4 Visa for Family Members

H-4 Visa for Family Members

The H-4 visa allows family members of H-1B visa holders to join them in the United States. This visa is specifically for dependents, including the spouse and unmarried children under 21 years of age, providing them the opportunity to live in the U.S. while the H-1B holder works. The H-4 visa is tied to the H-1B visa’s validity, meaning its duration aligns with the primary visa holder’s authorized stay, typically up to 3 years, and can be extended if the H-1B visa is extended.

Eligibility for the H-4 Visa

To qualify for an H-4 visa, the dependent must be:

The spouse of an H-1B visa holder, or an unmarried child under 21.

Sponsored by the H-1B visa holder, who must provide proof of the family relationship (e.g., marriage certificate for a spouse, birth certificate for a child).

Benefits and Limitations

The H-4 visa offers several benefits but also comes with restrictions:

Residency

H-4 holders can live in the U.S., attend school, and open bank accounts.

Work Authorization

H-4 spouses may apply for an Employment Authorization Document (EAD) if the H-1B holder has an approved I-140 (employment-based green card petition) or has extended their H-1B status beyond 6 years under AC21 provisions. Children on H-4 visas cannot work.

Travel

H-4 holders can travel in and out of the U.S. with a valid visa, but they must maintain their dependent status.

Applying for an H-4 visa involves submitting Form I-539 (Application to Extend/Change Nonimmigrant Status), along with supporting documents like the H-1B holder’s approval notice and proof of relationship. The process can be complex, especially when seeking work authorization. USA Visa Now can assist in preparing and filing H-4 applications, ensuring your family can join you in the U.S. without delays.

Common Challenges and How to Avoid Them

The H-1B process can be competitive and complex, with several potential challenges that may delay approval or lead to denial.

Lottery Selection

With only 85,000 visas available annually, the lottery is highly competitive. Master’s degree holders have a higher chance, but selection is not guaranteed.

Prevailing Wage Compliance

Employers must pay the prevailing wage, which can be costly. Failure to comply can lead to petition denial or DOL penalties.

Requests for Evidence (RFE)

USCIS may issue an RFE if the petition lacks sufficient evidence, such as proof of the specialty occupation or the employer-employee relationship. Responding effectively is key.

Changing Immigration Policies

H-1B regulations can change, affecting eligibility or processing. Staying updated is crucial to ensure compliance with current rules.

Frequently Asked Questions

How Long Can I Stay on an H-1B Visa?

H-1B holders can stay for up to 3 years, extendable to 6 years. Extensions beyond 6 years may be possible under certain conditions (e.g., pending green card applications).

Can my family join me in the U.S. on an H-1B visa?

Yes. Your spouse and unmarried children under 21 years old can apply for H-4 dependent visas. In some cases, H-4 spouses can also apply for work authorization if certain conditions are met, such as having an approved I-140 employment-based green card petition.

What happens if I am not selected in the H-1B lottery?

If you are not selected, you will not be able to file an H-1B petition that year. You may explore alternative visa options such as the L-1, O-1, TN, E-3, or others, depending on your nationality and qualifications.

Can I Apply for a Green Card While on an H-1B Visa?

An employer can sponsor an H-1B employee for a green card through employment-based categories like EB-2 or EB-3. The process usually involves labor certification (PERM) and filing an immigrant petition (Form I-140), followed by an adjustment of status application.

Can I change employers while on an H-1B visa?

Yes. You can transfer your H-1B to a new employer by filing a new H-1B petition. You can often begin working for the new employer as soon as USCIS issues a receipt notice confirming they received the new petition.

Can I travel outside the U.S. while on H-1B status?

Yes. You can travel internationally, but you must have a valid H-1B visa stamp in your passport to re-enter the U.S. If your visa has expired, you must apply for a new visa at a U.S. consulate abroad before returning.

What is Premium Processing for an H-1B petition?

Premium Processing is an optional USCIS service that guarantees adjudication of an H-1B petition within 15 business days for an additional fee. It speeds up the processing of Form I-129 but does not affect the lottery selection process.

Are there any employers exempt from the H-1B cap?

Yes. Certain employers, including universities, nonprofit research organizations, and governmental research institutions, are exempt from the annual H-1B cap. They can file H-1B petitions at any time without entering the lottery.

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