The H-1B visa is one of the most competitive U.S. work visa routes for graduate-level professionals in specialty occupations. It allows U.S. employers to sponsor foreign nationals to work temporarily in roles requiring specialised knowledge and at least a bachelor’s degree or equivalent. This article explains how the H-1B program works, including the cap system, exemptions, eligibility rules, petitioning requirements, and the application process.
Section A: Overview of the H-1B Visa
1. What is the H-1B Visa?
The H-1B is a nonimmigrant classification enabling U.S. employers to hire overseas nationals in “specialty occupations” that require theoretical and practical application of highly specialised knowledge. It is a petition-based visa: the U.S. employer (the petitioner) must file Form I-129 with U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker (the beneficiary).
2. What is the H-1B Visa Cap?
Congress imposes an annual limit on new H-1B approvals. Each fiscal year, 65,000 visas are available under the “regular cap” and an additional 20,000 under the “advanced degree exemption” for beneficiaries with U.S. master’s or higher degrees. Of the 65,000, up to 6,800 are set aside for H-1B1 visas under the Chile and Singapore Free Trade Agreements. Any unused H-1B1 numbers return to the next year’s H-1B cap.
In addition, H-1B petitions for workers performing services in Guam or the Commonwealth of the Northern Mariana Islands are exempt from the cap until 31 December 2029.
Because registrations far exceed annual availability, USCIS operates a beneficiary-centric registration and lottery system. Each unique beneficiary may be entered once; USCIS then allocates selections across the regular cap and advanced degree exemption. Only selected registrants may proceed to file full petitions.
3. H-1B Visa Cap Exemptions
Some petitions are exempt from the numerical cap and may be filed at any time of year, including:
- Beneficiaries previously counted toward the cap within the last six years, with H-1B time still available.
- Employment at an institution of higher education, or a related or affiliated non-profit entity.
- Employment at a non-profit research organisation or a governmental research organisation.
Cap-exempt eligibility must be proven by the petitioner. For example, an accredited non-profit university licensed under the Higher Education Act of 1965, or a research entity classified as tax-exempt under the Internal Revenue Code, can sponsor without regard to the cap. In some cases, a private employer may claim cap-exemption if the H-1B worker will mainly perform duties at a qualifying cap-exempt institution and the work is directly tied to its mission.
4. H-1B Visa Validity Period
Initial H-1B approvals are usually granted for up to three years and may be extended to a maximum of six years. Extensions beyond six years can be available where the beneficiary is in the process of obtaining permanent residence (for example, with a pending or approved I-140 or labor certification).
Employers may request start dates no earlier than the beginning of the relevant fiscal year (October 1) and up to six months in advance of the requested start date. This provides flexibility for workforce planning.
5. Benefits of the H-1B Visa
The H-1B route offers access to U.S. opportunities in technology, engineering, healthcare, finance, and other specialised fields. Employers typically provide competitive pay and benefits, and visa holders gain valuable professional and cultural experience.
Spouses and unmarried children under 21 may accompany on H-4 visas. Certain H-4 spouses qualify for employment authorisation (EAD) if the principal H-1B worker has an approved I-140 or is eligible for extensions beyond six years under AC21 provisions.
As a dual-intent visa, H-1B status can serve as a pathway to permanent residency through employer sponsorship.
Section B: H-1B Visa Eligibility Requirements
1. Educational Requirement
To qualify for an H-1B visa, the beneficiary must demonstrate at least the equivalent of a U.S. bachelor’s degree in the specialty field. USCIS accepts:
- A bachelor’s or higher degree from a U.S. institution required by the role.
- A foreign degree determined to be equivalent to a U.S. bachelor’s or higher degree.
- An unrestricted state license, registration, or certification authorising full practice of the specialty occupation in the intended state of employment.
- A combination of education, specialised training, and progressively responsible experience equivalent to a U.S. bachelor’s degree, with documented recognition of expertise.
Where work experience is relied on, the petitioner must submit detailed evidence, such as evaluations by qualified experts and letters from previous employers, to prove equivalence to a U.S. degree.
2. Specialty Occupation Requirement
The offered position must qualify as a “specialty occupation.” By USCIS definition, the role must meet one or more of the following criteria:
- A bachelor’s or higher degree (or equivalent) is normally the minimum entry requirement.
- The degree requirement is common in the industry, or the position is so complex or unique that only an individual with a degree can perform it.
- The employer normally requires a degree or equivalent for the position.
- The duties are so specialised and complex that they are usually associated with attainment of a bachelor’s or higher degree.
Examples of specialty occupations include IT professionals, engineers, scientists, doctors, lawyers, and researchers. Some fields, such as general business or marketing roles, may require particularly strong evidence that the position demands specialised knowledge.
3. Employer Sponsorship
H-1B visas are employer-driven. A U.S. employer must act as sponsor and file the petition on behalf of the foreign worker. Obligations include:
- Offering a role that qualifies as a specialty occupation.
- Obtaining a certified Labor Condition Application (LCA) from the Department of Labor, attesting to wage and working condition protections.
- Paying the H-1B worker the higher of the actual wage paid to similar employees or the prevailing wage for the occupation in the geographic area.
- Filing Form I-129 with USCIS, including supporting evidence of the role and worker’s qualifications.
- Paying the applicable USCIS and statutory filing fees.
- Maintaining compliance with H-1B rules, including record-keeping, notice obligations, and reporting material changes in employment.
Note: There is no flat $60,000 minimum salary for H-1Bs. The $60,000 figure applies only in determining whether H-1B-dependent employers must make additional recruitment attestations. The controlling standard is always the prevailing wage or actual wage, whichever is higher.
Section C: How to Apply for an H-1B Visa
1. Step-by-Step Application Process
Applying for an H-1B visa generally involves four main stages:
- Electronic registration of each beneficiary during the USCIS registration window.
- Filing and certification of a Labor Condition Application (LCA) with the Department of Labor (DOL).
- Filing Form I-129 with USCIS if the registration is selected.
- Consular processing and visa interview abroad, unless the worker is changing status inside the U.S.
Step 1: Electronic Registration
Employers must register each prospective H-1B beneficiary electronically with USCIS during the designated registration period, usually in March. The registration fee is $215 per beneficiary.
USCIS now operates a beneficiary-centric system. Each unique individual receives one entry, preventing duplicate registrations. USCIS allocates selections to meet both the regular cap and advanced degree exemption.
If the number of registrations exceeds available visas, USCIS conducts a random lottery. Advanced degree holders are first considered for the 20,000 “master’s cap,” and any not selected are then included in the regular lottery. Only employers with selected registrations may proceed to file full petitions. USCIS notifies selections via online accounts and grants a 90-day filing window.
Step 2: Labor Condition Application (LCA)
Before filing Form I-129, the employer must obtain a certified LCA from the DOL. In the LCA, the employer attests that:
- The H-1B worker will be paid at least the prevailing wage or actual wage, whichever is higher.
- Hiring the H-1B worker will not adversely affect the working conditions of similarly employed U.S. workers.
- No strike, lockout, or work stoppage exists in the occupation at the worksite.
- Notice of the LCA has been or will be provided to other workers in the same occupation.
LCAs are submitted electronically and are typically reviewed within seven business days.
Step 3: Filing Form I-129
Once the LCA is certified, the employer files Form I-129, Petition for a Nonimmigrant Worker, with USCIS. Only petitions linked to valid and selected registrations will be adjudicated under the cap.
The petition package must include the certified LCA, evidence of the worker’s qualifications, job offer details, and payment of the applicable filing fees. USCIS may issue a Request for Evidence (RFE) if additional documents are needed. Employers may optionally request premium processing (Form I-907) for expedited adjudication within 15 calendar days.
Step 4: Visa Interview or Change of Status
If the beneficiary is outside the United States, they must apply for an H-1B visa at a U.S. Embassy or Consulate using Form DS-160 and attend an interview. The consular officer assesses eligibility and, if approved, issues the visa stamp. Admission to the U.S. is still subject to Customs and Border Protection at the port of entry.
If the beneficiary is already in the U.S. in another status, USCIS may approve a change of status without requiring a consular interview. However, if the worker later travels abroad, they must obtain a visa stamp before re-entering.
2. H-1B Visa Fees
The H-1B filing fees are as follows:
- Electronic registration fee: $215 per beneficiary
- Base Form I-129 filing fee: $780 (large employers), $460 (small employers and nonprofits)
- ACWIA training fee: $750 (≤25 employees) or $1,500 (≥26 employees)
- Fraud prevention and detection fee: $500
- Public Law 114-113 fee: $4,000 (applies to employers with 50+ employees where more than 50% are in H-1B or L-1 status; only for initial filings or change of employer, not extensions)
- Asylum Program Fee: $600 (large employers), $300 (small employers), $0 (nonprofits)
- Premium processing (optional): $2,805 (15-calendar-day action)
Certain nonprofit entities and educational institutions are exempt from the ACWIA fee. Premium processing expedites adjudication but does not affect overall visa availability.
Section D: H-1B Supporting Documents
An H-1B petition must be supported by comprehensive evidence to demonstrate the eligibility of both the employer and the foreign worker. The following documentation is typically required:
1. Educational Credentials
Copies of diplomas, transcripts, and degree certificates showing that the beneficiary meets the minimum educational requirement. If the qualifications are from outside the U.S., a credential evaluation may be required to confirm equivalency. Certified translations must be provided for documents not in English.
2. Employment Offer Letter
A formal offer of employment from the sponsoring U.S. employer setting out job title, duties, salary, benefits, and duration of employment. The letter helps establish that the offered role is a specialty occupation.
3. Certified Labor Condition Application (LCA)
A copy of the LCA certified by the Department of Labor, confirming compliance with wage and workplace attestation requirements. This is a mandatory part of every H-1B petition.
4. Form I-129, Petition for a Nonimmigrant Worker
The completed and signed petition form, with all relevant supplements, must be included. This is the core petition document filed with USCIS by the employer.
5. Passport
A valid passport for the beneficiary, extending at least six months beyond the intended period of stay in the United States.
6. Photographs
Recent passport-style photographs meeting the U.S. Department of State’s specifications.
7. Resume or Curriculum Vitae (CV)
A detailed CV outlining the worker’s professional background, including education, work history, skills, and achievements.
8. Specialty Occupation Documentation
Supporting materials to show the role qualifies as a specialty occupation. This may include detailed job descriptions, industry standards, professional licenses, or expert letters.
9. Work Experience Letters
Letters from previous employers verifying duties, responsibilities, and length of employment, particularly if experience is being used to demonstrate equivalence to a bachelor’s degree.
10. Employer Evidence
Corporate documents establishing the petitioner’s good standing, such as financial statements, business licenses, or annual reports. These demonstrate the employer’s ability to support the H-1B worker.
Section E: Visa Approval and Beyond
1. H-1B Visa Approval
If USCIS approves the H-1B petition, it issues Form I-797 Notice of Action. Beneficiaries outside the United States must then secure a visa stamp at a U.S. consulate or embassy before traveling. Those inside the United States in valid status may change to H-1B without consular processing, though they will require a visa stamp for any future re-entry.
Admission to the U.S. is always at the discretion of Customs and Border Protection (CBP). Workers should carry their I-797 approval notice, valid passport, and a supporting letter from their employer confirming the job offer when seeking entry.
2. Visa Conditions
Employment is strictly limited to the sponsoring employer and role described in the approved petition, unless a new petition is filed. H-1B workers may:
- Begin work with a new employer once the new petition is filed (H-1B portability).
- Work for multiple employers if each files a separate H-1B petition (concurrent employment).
If employment ends, the visa holder typically has a 60-day grace period to secure a new sponsor, change status, or depart the U.S.
3. Employment Rights
H-1B workers are entitled to fair treatment under U.S. labor laws. Employers must:
- Pay at least the prevailing or actual wage, whichever is higher, as certified in the LCA.
- Provide benefits and working conditions on par with those offered to U.S. workers in similar roles.
- Comply with record-keeping and public access requirements relating to the LCA.
4. Extending H-1B Status
Initial H-1B approval is typically for up to three years, with extensions permitted to a maximum of six years. Extensions beyond six years may be available where a labor certification or I-140 immigrant petition is pending or approved.
A limited in-country visa renewal pilot was introduced in 2024, allowing certain H-1B principals to renew their visa stamp without consular processing. This remains a pilot program and is not guaranteed to continue permanently.
5. Path to Permanent Residency
H-1B status is dual intent, meaning holders can pursue permanent residency while maintaining nonimmigrant status. Most transition through employer-sponsored EB-2 or EB-3 immigrant petitions.
The employer typically files a PERM labor certification to show no qualified U.S. workers are available for the role, followed by Form I-140. After approval, the worker may file for adjustment of status or consular processing when a visa number is available.
Section F: Tips for H-1B Visa Applicants
1. Preparing Documentation
A well-prepared petition reduces the risk of delays or Requests for Evidence (RFEs). To strengthen your application:
- Start early: Begin gathering evidence months before filing deadlines.
- Stay organised: Maintain a clear checklist and keep records in order for easy reference.
- Check accuracy: Ensure all forms, dates, and names are correct and consistent across documents.
- Provide clear copies: Submit legible, properly formatted documents with certified translations where needed.
- Highlight key evidence: Make it easy for adjudicators to see how you meet eligibility standards.
- Over-document: Include supplementary letters, certifications, or awards to reinforce eligibility.
- Follow instructions: Adhere strictly to USCIS and consular guidance on formatting and submission.
2. Interview Preparation
If a visa interview is required, preparation is vital. Consider these points:
- Research the process: Understand the H-1B pathway, from registration to petition to interview.
- Review your case: Be familiar with your petition details and be ready to explain your job duties and qualifications.
- Practice common questions: Expect queries about your role, purpose of travel, intended stay, and family ties.
- Be truthful: Provide honest, consistent answers. Misrepresentation risks denial.
- Stay composed: Approach the interview confidently, answering concisely without unnecessary detail.
- Dress appropriately: Choose conservative, professional attire.
- Show respect: Maintain courtesy towards the officer, even if asked challenging questions.
- Positive attitude: Demonstrate commitment to compliance and genuine professional intent.
Section G: Common H-1B Myths Debunked
Misconceptions about the H-1B visa can create confusion for employers and workers alike. Understanding the facts ensures realistic expectations and informed decisions.
Myth: H-1B visa holders take jobs from U.S. workers.
Fact: Most H-1B petitions do not require proof that no U.S. workers are available. However, employers must pay prevailing wages and comply with labor protections to avoid undercutting the domestic workforce. Additional recruitment obligations apply only to H-1B-dependent or willful violator employers, unless the worker is exempt by salary level or advanced degree.
Myth: H-1B workers are paid less than U.S. employees.
Fact: By law, H-1B workers must receive at least the higher of the prevailing wage or the actual wage paid to comparable employees. This prevents wage undercutting.
Myth: Transition to a green card is simple.
Fact: Many H-1B holders pursue permanent residency, but the process is complex and often lengthy. It typically requires labor certification, an immigrant petition, and either adjustment of status or consular processing, depending on visa availability.
Myth: The H-1B is mainly used by outsourcing companies for cheap labor.
Fact: While outsourcing firms do use H-1Bs, many visas go to highly skilled professionals across technology, healthcare, engineering, finance, and other sectors. These workers contribute significantly to U.S. innovation and competitiveness.
Myth: Any H-1B holder can start a business in the U.S.
Fact: H-1B holders may establish businesses, but they can only work for entities that file and obtain approved petitions on their behalf. Unauthorized self-employment is not permitted and may affect status.
Myth: H-1B visas are unlimited.
Fact: Congress sets strict annual limits: 65,000 regular cap visas, 20,000 advanced degree exemptions, plus limited exemptions for specific employers and locations. Demand consistently exceeds supply, and most applicants must go through the lottery.
Section H: Summary
The H-1B visa is the primary U.S. immigration route for skilled foreign professionals in specialty occupations. It offers access to career growth, competitive pay, cultural exchange, and, for some, a pathway to permanent residency. However, the program is subject to strict numerical limits and high demand, making selection through the registration lottery highly competitive.
For employers, success depends on timely compliance with registration, filing, and labor condition obligations. For applicants, accurate documentation and adherence to process requirements are critical to avoid delays or denials. Even with strong cases, many qualified candidates are not selected due to the annual cap.
Where selection is not achieved, alternative visa categories may be available depending on the worker’s profile, employer needs, or long-term immigration goals. Employers and applicants should evaluate all options carefully to ensure workforce needs and compliance requirements are met.
Section I: Assistance with the H-1B Visa
The H-1B visa process is highly regulated and competitive, requiring precise compliance at each stage. From employer sponsorship and labor condition filings to registration, petitions, and interviews, the program involves multiple government agencies and strict deadlines.
Employers and workers should ensure petitions are complete, properly documented, and aligned with USCIS and Department of Labor requirements. Given the complexity and frequent rule changes, many businesses and individuals benefit from seeking professional legal advice to safeguard applications and consider alternative routes where appropriate.
Section J: H-1B FAQs
What is an H-1B visa?
The H-1B is a nonimmigrant visa that allows U.S. employers to hire foreign workers in specialty occupations requiring specialised knowledge and at least a bachelor’s degree or equivalent.
What are the eligibility criteria?
Applicants must have a job offer from a U.S. employer in a specialty occupation, meet the educational or equivalent work experience requirement, and be sponsored by the employer through a certified LCA and approved petition.
What is the process for obtaining an H-1B visa?
The process involves electronic registration, possible lottery selection, filing a certified LCA, submitting Form I-129 with USCIS, and, if outside the U.S., applying for a visa stamp at a consulate before entry.
How long does processing take?
Timelines vary depending on USCIS workload, lottery outcomes, and whether premium processing is used. Employers should plan months in advance of the intended start date.
Is there an annual cap?
Yes. There are 65,000 regular H-1Bs and 20,000 advanced degree exemptions each fiscal year, plus limited exemptions for certain employers and regions such as Guam and the Northern Mariana Islands. Demand routinely exceeds supply.
Can I change employers?
Yes. Under portability rules, H-1B workers can start with a new employer once that employer files a nonfrivolous petition with USCIS. The new role must still meet H-1B eligibility requirements.
Can I bring my family?
Spouses and children under 21 may accompany the principal worker on H-4 visas. Certain H-4 spouses may apply for employment authorization if the principal worker is far enough along in the green card process.
Can I transition to permanent residency?
Yes. Many H-1B workers pursue employment-based green cards (EB-2 or EB-3). This involves PERM labor certification, employer filing of Form I-140, and adjustment of status or consular processing.
Can I apply if I am already in the U.S.?
Yes. Workers in certain visa categories may be able to change status to H-1B from within the U.S. if they meet eligibility and cap requirements. If selected, USCIS will adjudicate the change of status petition without requiring the worker to leave the country.
Section K: Glossary of H-1B Visa Terms
| H-1B Visa | A nonimmigrant visa allowing U.S. employers to hire foreign workers in specialty occupations requiring specialised knowledge. |
| Specialty Occupation | A role requiring theoretical and practical application of highly specialised knowledge, usually needing a bachelor’s degree or higher in a specific field. |
| Employer Sponsorship | The process where a U.S. employer files a petition on behalf of a foreign worker seeking H-1B classification. |
| Labor Condition Application (LCA) | A filing with the Department of Labor certifying wage levels and working conditions for H-1B employment. |
| Form I-129 | The Petition for a Nonimmigrant Worker, filed with USCIS to request H-1B classification for a beneficiary. |
| USCIS | U.S. Citizenship and Immigration Services, the agency within the Department of Homeland Security that adjudicates H-1B petitions. |
| Lottery System | The random selection process USCIS uses when registrations exceed the annual statutory cap for H-1Bs. |
| Annual Cap | The numerical limit on H-1B visas each fiscal year: 65,000 regular cap plus 20,000 for advanced U.S. degree holders, with specific carve-outs and exemptions. |
| PERM Labor Certification | The process employers must complete to sponsor a worker for permanent residence, demonstrating no qualified U.S. workers are available for the role. |
| Adjustment of Status | The process of applying for permanent residence while inside the U.S., often used by H-1B holders pursuing a green card. |
| Consular Processing | Applying for an immigrant visa at a U.S. consulate abroad, typically required if outside the United States when seeking a green card. |
| Dependent Visa | The H-4 visa, which allows spouses and children under 21 of H-1B workers to reside in the United States. |
| Prevailing Wage | The minimum wage set by the Department of Labor for a given occupation and geographic location, used to protect U.S. labor standards. |
| Employment Authorization Document (EAD) | A card issued by USCIS authorising certain nonimmigrants, such as eligible H-4 spouses, to work in the United States. |
| Green Card | A colloquial term for the Permanent Resident Card, granting indefinite lawful status to live and work in the United States. |
Section L: Additional Resources
| U.S. Citizenship and Immigration Services (USCIS) | https://www.uscis.gov/ Official government agency responsible for adjudicating H-1B petitions and publishing policy updates. |
| U.S. Department of Labor (DOL) | https://www.dol.gov/ Certifies Labor Condition Applications (LCAs) and sets prevailing wage standards for H-1B workers. |
| U.S. Department of State – Visa Information | https://travel.state.gov/content/travel/en/us-visas.html Provides details on nonimmigrant visa categories, DS-160 applications, and consular processing guidance. |
| American Immigration Lawyers Association (AILA) | https://www.aila.org/ Professional association of immigration attorneys offering resources and advocacy on U.S. immigration law. |
