H1-B Visa Guide
Author
Alma Team
Last Updated
Feb 4, 2025
Who may be qualified?
Tech Professionals, Business & Finance Specialists, Academics & Researchers
Date Published
Dec 10, 2024
Introduction
What is an H-1B visa?
The H-1B visa is a non-immigrant work visa that enables U.S. employers to hire foreign professionals for specialty occupations—roles that require advanced knowledge in specific fields and at least a bachelor’s degree (or its equivalent) in that specific or related field. This program acts as a bridge between global talent and U.S. businesses, allowing employers to fill roles where skilled domestic workers are scarce.
Specialty Occupation Defined:
A specialty occupation isn’t just any professional role—it must meet specific criteria to qualify. These jobs require:
- Theoretical and Practical Application: Advanced knowledge in a specialized field.
- Advanced Degree Holders: If you have a master's degree or higher, you're off to a good start. But remember, it's not just about the degree – it's about how you use it.
Examples of Specialty Occupations:
- Technology: Developing algorithms for AI systems or securing infrastructure in cybersecurity roles.
- Healthcare: Biostatisticians working on public health data or medical researchers conducting clinical trials.
- Engineering: Designing renewable energy systems or managing large-scale infrastructure projects.
- Finance: Creating predictive financial models as quantitative analysts.
Employers must also demonstrate that the role is genuinely specialized and cannot be performed by someone without this level of expertise. For example, a "data analyst" role requiring advanced econometric modeling qualifies, but a generic data entry job does not.
Who is eligible for an H-1B visa?
For Employees (Beneficiaries):
Foreign professionals must demonstrate they are qualified for the role through:
Education
A four year bachelor’s or higher degree in a field related to the job. If no degree is available, applicants may use work experience to meet the requirement (three years of experience equates to one year of education).
Specialized Skills
Foreign professionals must provide clear evidence of their ability to meet the role's specialized requirements. Here’s how they can demonstrate this:
- Professional Experience:
If formal education isn’t sufficient, USCIS allows candidates to substitute work experience for education. For example, a professional with nine years of progressive work experience in machine learning could meet the equivalent of a bachelor’s degree in computer science (three years of experience equals one year of education). - Certifications: Industry-recognized certifications, such as AWS Certified Solutions Architect or PMP, can bolster a case when formal education or work experience doesn’t fully match the role’s requirements.
- Additional Evidence: Letters from past employers, proof of technical contributions, patents, or awards can serve as strong supporting documents.
For Employers (Petitioners):
Employers must satisfy several requirements, including:
Job Classification
A four year bachelor’s or higher degree in a field related to the job. If no degree is available, applicants may use work experience to meet the requirement (three years of experience equates to one year of education).
Prevailing Wage Compliance
The prevailing wage ensures H-1B workers are compensated fairly and prevents wage suppression in the U.S. labor market. Employers must pay at least this minimum wage, which is calculated based on the job role, required qualifications, location, and level of expertise.
- Job Role and Description:
Employers must submit detailed job descriptions that align with standard occupational classifications provided by the U.S. Department of Labor (DOL). - Geographic Location:
Wages are determined by the job's location, reflecting cost-of-living variations. For example, a software developer in San Francisco will have a higher prevailing wage than one in St. Louis. - Skill Levels:
The DOL classifies jobs into four wage levels:
Level 1 (Entry-Level): 0-2 years of experience, typically under supervision.
Level 2 (Qualified): 2+ years of experience and independent judgment.
Level 3 (Experienced): Advanced knowledge and supervisory responsibilities.
Level 4 (Highly Specialized): Expert-level knowledge with leadership responsibilities.
Employers may also use independent wage surveys to determine prevailing wages, especially for roles not adequately covered by standard classifications.
Labor Condition Application (LCA)
Employers must file an LCA with the Department of Labor, attesting that the worker’s employment won’t negatively affect U.S. workers’ wages or conditions.
Benefits of an H-1B visa
For Employees:
- US Career Opportunities: The visa provides foreign professionals with the chance to work in the world's largest economy and gain valuable career experience.
- Pathway to Permanent Residency: H-1B visa holders can pursue green cards through employer sponsorship, offering a long-term option to live and work in the U.S.
- Flexibility: H-1B visa holders can change employers or roles through the portability process, allowing career mobility within the constraints of visa regulations.
For Employers:
- Access to Global Talent: The H-1B program helps U.S. companies address skill shortages, particularly in technical and scientific fields.
- Pathway to Permanent Residency: H-1B visa holders can pursue green cards through employer sponsorship, offering a long-term option to live and work in the U.S.
Employers must also demonstrate that the role is genuinely specialized and cannot be performed by someone without this level of expertise. For example, a "data analyst" role requiring advanced econometric modeling qualifies, but a generic data entry job does not.
Understanding the H-1B Program
H-1B Cap and Lottery System
The H-1B visa program is subject to an annual cap, making it highly competitive:
- Regular Cap: 65,000 visas are available each fiscal year.
Master’s Cap: An additional 20,000 visas are reserved for individuals holding advanced degrees (master’s or higher) from U.S. institutions.
Demand consistently surpasses supply. For example, in FY2025, USCIS received 479,953 registrations were selected. Visas are allocated through a random lottery system, which can leave many employers and workers uncertain about their prospects.
This unpredictability makes it critical for employers to submit well-prepared registrations and, where possible, explore alternatives such as cap-exempt options.
Cap-Exempt Employers: An Alternative Route?
Certain employers are exempt from the annual H-1B cap, allowing them to bypass the lottery system entirely. This flexibility can be a game-changer for workers and organizations alike.
Who Qualifies as a Cap-Exempt Employer?
- Institutions of Higher Education: Universities and colleges hiring professors, researchers, or staff for roles directly tied to academic functions.
- Non-Profit Organizations Affiliated with Higher Education: Hospitals, research institutions, or foundations closely connected to universities. For instance, a medical researcher employed by a university-affiliated hospital would qualify.
- Non-Profit Research Organizations: Independent research institutions conducting fundamental or applied research in science, technology, or other fields.
- Governmental Research Organizations: Federal, state, or local government entities focused on advancing public-interest research.
What Sets Cap-Exempt Employers Apart?
- Year-Round Hiring: Unlike cap-subject employers, cap-exempt organizations can file H-1B petitions at any time of the year. This eliminates the time constraints imposed by the lottery system.
- Unlimited H-1B Visas: These employers are not restricted by the annual visa cap, making them ideal for positions in critical fields like healthcare and academic research.
- Eligibility for Concurrent H-1Bs: An H-1B worker employed by a cap-exempt organization can concurrently work for a cap-subject employer without being subject to the lottery for the second role.
Examples of Cap-Exempt Scenarios:
- A software developer working on a federally funded AI research project at a university-affiliated lab.
- A physician conducting groundbreaking clinical trials at a non-profit hospital tied to a medical school.
- A postdoctoral researcher joining an independent think tank focused on environmental science.
These exemptions are vital for fields where workforce shortages are acute, such as STEM, healthcare, and education. They also provide opportunities for professionals to contribute to socially impactful work that might otherwise go unstaffed due to lottery limitations.
Dual Intent and Pathways to Permanent Residency
The H-1B visa stands out because it allows dual intent, enabling foreign professionals to work temporarily in the U.S. while pursuing permanent residency (a green card).
How Dual Intent Works:
- H-1B workers can apply for a green card without jeopardizing their temporary visa status.
- They can renew or extend their H-1B status beyond the six-year limit if their green card application is pending.
Pathways to Green Card:
Most H-1B holders transition to green cards through the EB-2 or EB-3 categories, often requiring a PERM labor certification. Those already in the U.S. can file for AOS to remain
Those already in the U.S. can file for AOS to remain in the country while their green card application is processed.
H-1B Application Process
For Employers
The application process for employers involves multiple steps, from preparing a comprehensive job description to filing the petition with USCIS. This section outlines the key responsibilities and considerations for employers sponsoring an H-1B worker.
Step 1: Determine Eligibility and Role Requirement
Before initiating the H-1B process, employers must:
- Confirm the Position Qualifies as a Specialty Occupation:
The job must require at least a bachelor’s degree in a specific field of study. For example, a software engineering role typically requires a degree in computer science, software engineering, or a related field. - Identify the Prevailing Wage:
Use the Department of Labor’s (DOL) wage database or an independent wage survey to determine the minimum wage for the role based on job title, location, and skill level. - Assess the Employee’s Qualifications:
Verify the prospective employee meets educational and professional requirements, including necessary degrees, certifications, and work experience.
Step 2: File the Labor Condition Application (LCA)
The Labor Condition Application (LCA) is a critical document submitted to the DOL to ensure compliance with wage and workplace standards.
What Employers Must Attest to in the LCA:
- Wages: The employee will be paid at least the prevailing wage for the role.
- Working Conditions: Hiring the foreign worker will not adversely affect the working conditions of similarly employed U.S. workers.
- Notice to Employees: Employers must inform existing employees of the LCA by posting notices at the job site.
Processing Time:
The DOL certifies LCAs within 7 business days. Employers should account for this timeline when planning H-1B filings. If the Employer is a new employer incorporated within the previous 12 months, they must register the EIN with the Department of Labor before filing the LCA. EIN registration typically takes 1-3 business days.
Step 3: Prepare and File Form I-129
Once the LCA is certified, employers can file Form I-129, the Petition for a Nonimmigrant Worker, with USCIS. This petition includes:
- Certified LCA: The DOL-certified LCA must be attached.
- Supporting Evidence:
- Detailed job description.
- Proof of employee qualifications (e.g., degree evaluations, certifications).
- Evidence the job qualifies as a specialty occupation. - Filing Fee:
- Base Fee: $460 for small employers or $780 for larger employers
- Fraud Prevention Fee: $500.
- ACWIA Training Fee: $750 for small employers, $1,500 for larger employers.
- Premium Processing Fee (Optional): $2,500 for expedited 15-day processing.
- Asylum Program Fee: $300 for small employers and $600 for larger employers.
Step 4: Wait for USCIS Decision
USCIS reviews the petition and issues one of the following outcomes:
- Approval: The employee can begin the visa application process or change their status if already in the U.S.
- Request for Evidence (RFE): USCIS may request additional information to verify the role or the employee’s qualifications.
- Denial: Reasons include insufficient documentation or the role not meeting specialty occupation criteria.
Employers should respond promptly to RFEs to avoid delays or denials.
For Employees
The application process for employees depends on whether they are already in the U.S. or applying from abroad. This section provides a detailed overview of the steps involved.
Step 1: Confirm Your Qualifications
Employees should ensure they meet all eligibility criteria, including:
- Education:
A bachelor’s degree (or higher) in a field directly related to the job.
If educated outside the U.S., a credential evaluation will likely be required to confirm the degree’s equivalence. - Experience and Skills:
Documented work experience, professional licenses, or certifications that align with the job requirements.
Step 2: Provide Supporting Documents
Employees must submit the following to the employer or attorney for the H-1B petition:
- Passport: Valid for the duration of the visa.
- Educational Credentials: Degree certificates, transcripts, and credential evaluations.
- Proof of Work Experience: CV, Resume or Letters from previous employers detailing roles, responsibilities, and accomplishments.
- Professional Certifications: If applicable, certifications like PMP, AWS, or state-specific licenses.
Step 3: Apply for a Visa (If Outside the U.S.)
Once USCIS approves the H-1B petition, employees outside the U.S. must apply for a visa at a U.S. consulate unless they already have a valid H1B visa in their passport
Steps to Follow:
- Complete Form DS-160: The online visa application form.
- Pay the Visa Fee: Typically $185, though fees vary by classification and country.
- Schedule a Visa Interview: Book an appointment at a U.S. embassy or consulate in your home country.
Prepare for the Visa Interview. Bring the following documents:
- A copy of the approved Form I-797 (Notice of Action).
- Your original passport.
- Copies of your educational and work credentials.
- Employment offer letter and job description from your U.S. employer.
- Evidence of ties to your home country (if applicable).
What Happens During the Interview?
The consular officer will ask questions about your job, qualifications, and plans in the U.S. A successful interview results in visa stamping, allowing you to travel to the U.S.
Step 4: Change of Status (If Already in the U.S.)
For employees already in the U.S. on another visa status (e.g., F-1 or L-1), an H-1B approval may automatically grant a change of status. In this case, there’s no need to visit a consulate or leave the country.
Step 5: Prepare for Your U.S. Entry
If applying from outside the U.S., once your visa is stamped, you can travel to the U.S. up to 10 days before your employment start date. At the port of entry, present:
- Your H-1B visa and passport.
- A copy of the approved Form I-797.
- Your employment offer letter.
The Customs and Border Protection (CBP) officer will issue an I-94 record, indicating your authorized period of stay in the U.S.
H-1B Visa Timelines
The H-1B visa process follows a strict annual timeline, with specific deadlines for employers and employees to meet. Understanding these timelines is crucial to ensure a smooth application process and avoid missed opportunities.
Regular H-1B Cap Timelines
The regular H-1B process for cap-subject employers revolves around the fiscal year (October 1 to September 30). Here’s a step-by-step breakdown:
Registration Period
- Employers register online with USCIS during a designated period (usually two to three weeks in March).
- Each registration requires a $215 fee and includes basic information about the employer and employee.
Lottery Results Announced
- After the registration period closes, USCIS conducts the H-1B lottery to select 85,000 beneficiaries (65,000 under the regular cap and 20,000 under the master’s cap).
- Employers are notified of the lottery results, and selected applicants can proceed to file full petitions.
Petition Filing Period
- Employers have 90 days from the lottery results to file Form I-129, the H-1B petition, with USCIS.
- Petitions must include all required documentation, such as the certified LCA and proof of the employee’s qualifications.
Start Date
- Employers have 90 days from the lottery results to file Form I-129, the H-1B petition, with USCIS.
- Petitions must include all required documentation, such as the certified LCA and proof of the employee’s qualifications.
Cap-Exempt H-1B Timelines
Cap-exempt employers, such as universities and non-profit research organizations, are not bound by the annual cap or lottery deadlines. They can file H-1B petitions year-round.
- No waiting for the fiscal year to begin.
- Immediate start dates for approved employees.
- Flexibility to meet urgent hiring needs.
Processing Times
The time required to process an H-1B visa depends on whether premium processing is used and the volume of applications at USCIS.
LCA Certification (7 business days)
The Department of Labor is required to certify the LCA within 7business days.
Petition Review (2-6 months)
USCIS processes Form I-129 petitions in approximately 2 to 6 months, depending on workload and service center.
Employers can expedite the process by paying a $2,500 premium processing fee. USCIS guarantees a response (approval, denial, or Request for Evidence) within 15 business days.
Employees applying for an H-1B visa at a U.S. consulate can expect additional processing for visa stamping, typically 1-4 weeks depending on the consulate’s workload.
Extensions and Amendments
H-1B holders may need to file for extensions or amendments during their stay in the U.S.:
- Extensions:
- Filed when the initial H-1B period (up to three years) is nearing expiration.
- Total H-1B duration cannot exceed six years unless tied to a green card application.
- Amendments:
- Required when there are significant changes to the job, such as a new location, salary adjustment, or job title.
Common Causes of Delays
- RFEs (Request for Evidence): USCIS may require additional information to verify eligibility, leading to a 90-day response period.
- Administrative Processing: Visa applicants may face delays during consular processing for additional background checks.
- Backlogs: USCIS and consulates can experience processing backlogs, particularly during high-demand periods.
Planning Ahead
Key Tips for Employers and Employees
Start Early:
- Employers should begin preparing job descriptions, LCAs, and supporting documents months before the H-1B registration window opens.
- Employees should gather educational credentials, work experience letters, and certifications well in advance.
Monitor Deadlines:
- Keep track of registration, lottery, and petition filing dates to avoid missing critical deadlines.
Consider Alternatives:
- For employees not selected in the lottery, employers can explore cap-exempt options or alternative visa categories like O-1 or L-1 visas.
Premium Processing:
- Use premium processing for urgent cases or time-sensitive employment start dates.
Frequently Asked Questions
- The position must qualify as a specialty occupation requiring advanced knowledge and a minimum of a bachelor’s degree in a related field.
- The employee must meet educational and professional requirements, demonstrated through degrees, certifications, or equivalent experience.
Yes, but the applicant must prove their qualifications through a combination of work experience, training, and certifications. Typically, three years of work experience is considered equivalent to one year of academic study, so someone without a university degree will need 12 years of progressive work experience to qualify for the H1B.
No, there are no age restrictions. Eligibility is based solely on the position and the applicant’s qualifications.
- Standard processing takes 2-6 months after filing Form I-129. Premium processing guarantees a decision within 15 business days.
- Employees applying from outside the U.S. may require additional time for visa stamping and administrative processing.
No. Employees must wait for USCIS approval unless they qualify for cap-gap relief or other transitional provisions like H-1B portability.
- Employers can refile the petition if the denial was due to missing documentation or errors.
- Employees not selected in the lottery or denied for other reasons may explore alternative visa options like O-1, L-1, or TN visas.
Lottery selection rates vary yearly based on demand. For FY2024, USCIS received 780,884 registrations for 85,000 visas, resulting in a selection rate of approximately 11%. H1B registration applicants that have a US Master’s Degree are entered twice in the lottery and have a higher selection rate.
No. Duplicate filings by the same employer are prohibited. However, different employers can file separate petitions for the same employee, which is allowed. Only one petition will be selected per beneficiary.
Yes. Cap-exempt employers, such as universities and affiliated non-profits, can file H-1B petitions at any time without being subject to the lottery. Also only new H1B employees must register for the lotery, if you are requesting an extension or have not yet reached the 6 year cap limit on your existing H1B, you are cap exempt and do not need to register for the lottery again.
The initial validity is up to three years, with an option to extend for an additional three years.
Extensions beyond six years are possible if an I-140 petition has been approved for the benefit of
the H1B worker.
Yes. Cap-exempt employers, such as universities and affiliated non-profits, can file H-1B petitions at any time without being subject to the lottery. Also only new H1B employees must register for the lotery, if you are requesting an extension or have not yet reached the 6 year cap limit on your existing H1B, you are cap exempt and do not need to register for the lottery again.
Yes. H-1B portability allows employees to begin working with a new employer as soon as the new petition is filed, even while it is pending.
Employees have a 60-day grace period to find a new employer, file a new petition, or change their immigration status. After this period, they must leave the U.S.
Yes. Dependents (spouse and children under 21) can apply for H-4 visas.
H-4 spouses may apply for employment authorization (EAD) if the H-1B holder has an approved I-140 petition (green card application) or is extending beyond six years under AC2 provisions.
Extensions are available if the green card process has started:
- One-year extensions are granted if the PERM labor certification or I-140 petition is pending for more than 365 days.
- Three-year extensions are possible with an approved I-140 petition.
Yes, but employers must file an amendment if there are material changes to the job, such as a new work location, job title, or salary adjustment.
H-1B holders cannot self-petition, but they can work for their own company if:
- The company is a separate legal entity.
- An independent board oversees their employment, ensuring the employer-employee relationship.
Yes, but re-entry requires a valid H-1B visa stamp and necessary documentation, including the approved I-797 and employment verification.
Concluding thoughts
The H-1B visa represents a unique opportunity for skilled foreign professionals and U.S. employers to collaborate in addressing critical workforce needs. It enables businesses to tap into global talent and remain competitive while providing employees with access to unparalleled career opportunities in the U.S. Despite its challenges—such as the annual lottery, compliance requirements, and complex timelines—the program remains a vital pathway for innovation, economic growth, and long-term professional success. By understanding the nuances of the H-1B visa process and leveraging expert guidance, both employers and employees can maximize their chances of success and contribute meaningfully to their fields.
As we wrap up this guide, let's recap the key points about the H-1B visa:
- Specialty Occupations: The H-1B visa is designed for roles requiring advanced knowledge and a bachelor’s degree in a relevant field.
- Annual Lottery: Cap-subject H-1B applications are limited to 85,000 visas annually, with selection determined by a random lottery.
- Cap Exemptions: Employers like universities and non-profits can bypass the lottery and file year-round.
- Dual Intent: H-1B holders can pursue permanent residency while maintaining their temporary visa status.
- Employer Compliance: Employers must meet prevailing wage requirements and file a Labor Condition Application (LCA).
- Expedited Processing: Premium processing speeds up decisions but requires meticulous preparation to avoid errors or delays.
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