US H-1B specialty occupation visa

H-1B Visa

The H-1B visa is for an individual in an occupation that demands the theoretical and practical application of a body of highly specialized knowledge and a bachelor's degree or higher in the specific specialty or its equivalent.

Who it's for

The H-1B suits foreign professionals who have a firm job offer from a US employer for a role that genuinely requires specialised, degree-level knowledge.

It is widely used across technology, engineering, healthcare, finance, research and higher education.

• Professionals with a relevant bachelor's degree or higher (or equivalent experience)
• Workers whose US role qualifies as a specialty occupation
• People who may later want to apply for a green card, thanks to dual intent

Eligibility

Both the job and the worker must meet defined standards. The position must qualify as a specialty occupation, and the worker must hold the specific qualifications the role demands.

• The job normally requires at least a bachelor's degree (or equivalent) in a specific specialty
• The worker holds that degree, or an equivalent combination of education and experience
• The employer will pay at least the required wage for the role and location
• Where the cap applies, the worker's registration was selected in the lottery
• The employer has an approved Labor Condition Application from the Department of Labor

How to apply

The H-1B is an employer-driven, multi-step process. Timing matters, because cap-subject cases run on an annual cycle.

After a petition is approved, a worker who is outside the US applies for the visa itself at a US embassy or consulate using the DS-160 form, while a worker already in the US in another status may instead change status through the petition.

• Employer registers the worker electronically and pays the $215 registration fee during the registration window
• If selected in the lottery, the employer obtains a certified Labor Condition Application (LCA) from the Department of Labor
• The employer files Form I-129 petition with USCIS
• Once approved, the worker applies for the visa (DS-160, fees, interview) or requests a change of status
• The petition-based MRV visa application fee is $205 for H category applicants

The cap and the lottery

Most H-1B jobs count against the annual cap of 65,000, with a further 20,000 set aside for holders of a US master's degree or higher. When registrations exceed these limits - which they consistently do - USCIS selects registrations at random.

Only employers whose registration is selected may file a full petition. Cap-exempt employers, such as institutions of higher education and certain non-profit and government research organisations, can file at any time without going through the lottery.

Validity, extensions and family

An H-1B is usually granted for up to three years and can be extended to a general maximum of six years. Time can sometimes be recaptured or extended further where a green-card application is well advanced.

A worker's spouse and unmarried children under 21 may apply for H-4 dependant status to accompany them. H-4 holders may study, and some H-4 spouses can apply for work authorisation in limited circumstances.

Benefits of a H-1B Visa

• You can work legally in the United States.
• You can freely travel in the United States.
• Your immediate family can also qualify for a visa. While in the United States, your children can go to school, and your spouse can apply for an EAD employment authorization document, permitting them to work legally in the United States.

Understanding the H-1B Visa Limit

You may need to register with U.S. Citizenship and Immigration Services (USCIS) and be selected to apply before entering the United States under the H-1B classification and begin working.

Due to the high demand for this visa, there is an annual limit on the number of visas awarded. The current limit is 65,000 visas every fiscal year. If you have a master's degree or above from a U.S. institution, you're in luck: an additional 20,000 visas are available to people with a master's degree or higher. The visa cap does not apply if your sponsoring employer is an institution of higher education, a non-profit organization affiliated with an institution of higher education, or a government research organization.

If you wish to apply for an H-1B visa and your occupation is subject to the cap, you must electronically register with USCIS to enter a lottery. To accomplish this, you must register an online account with USCIS. Even if you currently have a USCIS account, you must create a second account to complete the registration process.

Then, you will be required to pay a registration fee and provide information about yourself and the company sponsoring you. A lawyer or representative may also open an account and register on your behalf.

Each year, the registration period is limited to fourteen days. If you fail to register and your occupation is not exempt from the cap, you cannot apply for an H-1B visa.

H1B Visa Required Documents

Once you have arranged an interview, you will need to bring supporting documents such as:

• Valid passport. This has to be good for at least six months after the day you want to enter the United States.
• A copy of the Form DS-160's confirmation page printed out.
• A duplicate of your I-797 approval and your I-129 petition approval.
• Receipts attesting to your payment of the application costs.
• A photo of yourself the size of a passport that complies with U.S. State Department guidelines.

When Can I Start a H-1B Visa Application?

If your H1B visa is subject to a quota, you must register online beforehand. Remember that if you are picked in the lottery, you can apply for a visa for the following fiscal year.

H-1B Visa Procedure

After being selected to apply for an H-1B visa, your employer can initiate the process by submitting a petition on your behalf. For certification, your employer must file a Labour Condition Application (LCA) to the Department of Labour (DOL). The LCA aims to confirm that your company will pay you the same wage as similarly qualified workers in the same geographic area and that your working conditions will not negatively impact other employees.

Once the LCA has been certified by the DOL, your employer must complete Form I-129, Petition for a Non-immigrant Worker, and submit it, along with the LCA and any applicable fees and supporting evidence, to USCIS.

These additional documents may include proof of your schooling, any training certificates or professional membership paperwork, your résumé, a letter of employment confirmation, a letter of support, and any applicable costs. If your Form I-129 is granted, you have two alternatives, depending on whether or not you are already in the United States.

If you are in the United States under a different visa category, you cannot begin working until your H-1B visa status becomes valid. You must request consular processing if you are outside of the United States. To accomplish this, you must complete Form DS-160, which will take approximately 90 minutes.

Currently, H-1B visa holders are eligible to apply for a green card. However, there could be significant delays.

This means that any children who migrated with you may lose their visa status, which is related to your H-1B visa, upon reaching the age of majority. If they turn 21 before their green card is issued, they will need to apply for another visa, such as a student visa, to remain in the country. The Biden administration may eliminate this restriction and make it simpler for H-1B visa holders' dependents to obtain work permits.

How long is an H1B visa good for?

The H-1B visa is a work authorization visa for specialty occupations with a maximum stay of six years. The initial stay length for H-1B visa holders is three (3) years, with extensions of up to three (3) years allowed after that.