H1B visa

The H-1B visa is a non-immigrant work visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. It is one of the most sought-after visas for professionals in science, technology, engineering, mathematics (STEM), finance, healthcare, and other highly skilled fields.

Eligibility

To qualify for an H-1B visa, the applicant must:

• Have a job offer from a U.S. employer.
• Hold a bachelor’s degree or higher (or equivalent work experience) in a specialized field.
• Work in an occupation that requires specialized knowledge, such as:

Information technology Engineering Medicine Finance Mathematics Architecture

• The employer must file a Labor Condition Application (LCA) with the U.S. Department of Labor (DOL) to certify that the foreign worker will not negatively impact U.S. workers.

Application Process

The H-1B visa process involves several steps:

1. Employer Sponsorship

A U.S. employer must offer a specialty occupation job and agree to sponsor the employee.

2. Labor Condition Application (LCA)

The employer submits an LCA to the U.S. Department of Labor (DOL), ensuring:

• The foreign worker will receive wages equal to or higher than the prevailing wage for the occupation.
• Hiring the foreign worker will not negatively impact U.S. workers.

3. Filing Form I-129 (H-1B Petition)

After the LCA is approved, the employer submits Form I-129 (Petition for a Nonimmigrant Worker) to U.S. Citizenship and Immigration Services (USCIS).

4. H-1B Lottery Selection (If Subject to Cap)

Due to high demand, USCIS conducts an H-1B visa lottery for applicants subject to the annual cap:

• Regular Cap: 65,000 visas per fiscal year.
• Master’s Cap: Additional 20,000 visas for applicants with a U.S. master’s degree or higher.

5. USCIS Approval

If selected in the lottery, USCIS reviews the petition and, if approved, issues an Approval Notice (Form I-797).

6. Visa Stamping (If Outside the U.S.)

If the applicant is outside the U.S., they must:

• Apply for an H-1B visa at a U.S. consulate or embassy.
• Attend a visa interview.
• Obtain a visa stamp in their passport.

H-1B Visa Duration

• The initial H-1B visa is granted for up to 3 years.
• It can be extended for an additional 3 years, reaching a maximum of 6 years.
• Certain H-1B holders in the process of obtaining a green card (permanent residency) may be eligible for further extensions under the American Competitiveness in the Twenty-First Century Act (AC21).

H-1B Visa Cap and Exemptions

Each fiscal year, the U.S. government issues 85,000 new H-1B visas:

• Regular Cap: 65,000 visas.
• Master’s Cap: 20,000 additional visas for U.S. advanced degree holders.
• Cap-Exempt Employers: Some organizations are exempt from the cap, including:

Universities and affiliated nonprofit organizations. Nonprofit research institutions. Government research institutions.

H-1B Portability (Job Transfers)

H-1B visa holders can change employers without losing status under the H-1B portability rule:

• A new employer must file an H-1B transfer petition.
• The employee can begin working with the new employer upon USCIS receipt of the petition.
• No need to go through the H-1B lottery again.

Dependents (H-4 Visa)

• The spouse and unmarried children (under 21) of an H-1B visa holder may apply for an H-4 visa.
• H-4 visa holders can live and study in the U.S.
• Certain H-4 spouses (if the H-1B holder is on the green card path) may apply for H-4 EAD (Employment Authorization Document) to work legally.

Common Issues and Challenges

• H-1B Lottery Rejections – Many applicants do not get selected due to the high demand.
• Job Layoffs – H-1B holders must find a new employer within 60 days if they lose their job.
• Visa Processing Delays – USCIS processing times can be lengthy.
• H-1B Extensions & Green Card Backlogs – Some nationalities (e.g., Indian and Chinese applicants) face longer waits for green card processing.

Alternatives to H-1B Visa

If an applicant is not selected for an H-1B visa, they may explore:

• H-1B1 visa – Available for citizens of Chile and Singapore.
• L-1 visa – For intra-company transfers.
• O-1 visa – For individuals with extraordinary ability.
• TN visa – For citizens of Canada and Mexico under NAFTA.
• EB-2 visa or EB-3 visa – Employment-based green cards.

Recent Changes and Updates

• H-1B Registration System: USCIS introduced an electronic registration system to streamline the H-1B lottery.
• Higher Scrutiny: Increased RFEs (Requests for Evidence) and denials in certain occupations.
• Proposed Changes: Periodic updates to wage requirements and labor rules.

See Also

• U.S. Citizenship and Immigration Services (USCIS)
• Department of Homeland Security (DHS)
• Work visa
• Green card
• OPT (Optional Practical Training)
• Visa policy of the United States