If you want to work in the United States as a skilled professional, the H-1B visa could open the door for you. The H-1B visa lets you work in a specialty occupation in the U.S. if you have a job offer and at least a bachelor’s degree in a field related to the job. Knowing the basic rules and steps before you apply can help you avoid problems and save time.
This visa is very popular, but the process to get it is competitive and follows strict guidelines. You need to meet several conditions and provide specific documents to be eligible. With high demand and limited spots, understanding all requirements is key before starting your application.
Key Takeaways
- You need a job offer and a degree related to the job for an H-1B visa.
- The application process has strict rules and deadlines.
- Careful preparation can improve your chance of success.
Understanding the H-1B Visa
The H-1B visa allows you to work in the U.S. if you have special skills or knowledge. Employers must meet strict rules to sponsor this type of visa, and there are limits on how long you can stay.
What Is the H-1B Visa?
The H-1B visa is a non-immigrant visa for people with specialized skills or higher education, such as those in technology, science, or engineering. U.S. employers apply for this visa to hire foreign workers when they cannot find a qualified American for the job.
To get this visa, the job must need specific knowledge and usually require at least a bachelor’s degree or higher. The visa is employer-sponsored, which means you cannot apply for it without a job offer.
There is a cap on the number of new H-1B visas available each year. Because of this, there is a lottery system if the number of applications exceeds the cap. More information can be found about the H-1B visa on the Boundless website.
Types of Eligible Occupations
Only certain jobs qualify for the H-1B visa. These jobs are called “specialty occupations.” They include positions in fields like IT, engineering, mathematics, science, finance, and health care.
Common eligible fields:
- Information Technology (software engineers, developers, analysts)
- Engineering (civil, mechanical, electrical)
- Sciences (researchers, chemists, biologists)
- Health care (doctors, nurses, pharmacists)
- Business and finance (accountants, financial analysts)
Fashion models of “distinguished merit and ability” can also qualify for the H-1B visa, although this is less common. The position you are offered must need specialized skills and often requires a degree or proof of similar experience, as explained on the USCIS page.
Duration and Extensions
The standard initial H-1B visa period is three years. Employers can apply to extend your stay for up to six years total. If your employer files for an employment-based green card before your fifth year, you may be able to stay even longer while your application is processed.
If you leave your job, your visa will no longer be valid unless you transfer to another eligible employer. When the maximum time ends, you must leave the U.S. or switch to another visa type.
Extensions and changes need to be approved by the government. For more detailed rules, you can review the Department of Labor’s H-1B page.
Eligibility Requirements for Applicants
To apply for a U.S. H-1B visa, you need to meet several rules set by immigration authorities. Your level of education, the type of job offered, and the employer’s role all affect your eligibility.
Educational Qualifications
You must have at least a bachelor’s degree or its equivalent to be considered for an H-1B visa. The degree must be from an accredited school and directly related to the job you want. If your degree is from a school outside the U.S., you will need to show that it matches a U.S. bachelor’s degree in the same field.
If you do not have a bachelor’s degree, you may qualify if you have enough work experience in your field. Usually, three years of relevant work experience can count as one year of college. Documentation such as transcripts, diplomas, and proof of experience will be required. For more details, see the USCIS page on H-1B Specialty Occupations.
Specialty Occupation Criteria
Only certain jobs qualify for H-1B visas. Your job must require the use of specialized knowledge gained from higher education. The position must usually demand at least a bachelor’s degree or higher in a specific area. Examples of jobs include engineers, scientists, computer programmers, and healthcare professionals.
The employer must show that the job needs specialized skills and that the degree requirement is standard in that field. If the company has special requirements above the norm, they will need to provide extra evidence. Learn more about what counts as a specialty occupation at the U.S. Department of Labor H-1B Program.
Employer Sponsorship
An H-1B visa is employer-driven. You cannot apply on your own. Your potential employer must first offer you a job and then submit a petition to the U.S. government on your behalf. This involves filing Form I-129 and going through the H-1B registration process.
The employer must show they will pay you at least the prevailing wage for your job and follow all program rules. Jobs must be full-time or part-time professional roles, not temporary or casual positions. More information on the steps employers must follow can be found at the Berkeley International Office H-1B FAQ.
Application Process and Timeline
Applying for an H-1B visa requires careful planning, the right paperwork, and strict attention to deadlines. You need to meet employer and government requirements at every stage to avoid delays or mistakes.
H-1B Lottery System
The H-1B visa is capped every year. This means only a set number of visas are given out. You first need to register during the official USCIS registration period. The selection is random if there are more registrations than available slots, which is common.
USCIS generally opens the registration process in March. The registration period typically lasts at least 14 days. Employers or their representatives submit electronic registrations on your behalf. If selected, you can proceed to the next steps.
Required Documentation
You and your employer must provide specific documents. The main form is Form I-129, which is your petition for a nonimmigrant worker. Your employer also needs to submit a Labor Condition Application (LCA) approved by the Department of Labor.
Other documents usually include a copy of your passport, proof of your degree, transcripts, and a job offer letter. You may also need to submit your resume, professional licenses, and immigration documents if you were in the U.S. before. Each document must be clear and complete to minimize delays.
Step-by-Step Application Procedures
1. Employer Registration: Your employer creates a USCIS online account and submits your registration.
2. Lottery Selection: If chosen in the lottery, your employer receives a notice.
3. Labor Condition Application (LCA): The employer files an LCA with the Department of Labor. This shows your pay will meet prevailing wage requirements.
4. Submit Petition: Once the LCA is certified, your employer files Form I-129 and supporting materials with USCIS.
5. USCIS Review: USCIS examines your petition. They may ask for more information through a Request for Evidence (RFE).
6. Final Steps: If your petition is approved, you may apply for a visa at a U.S. consulate if you are outside the U.S.
For a more detailed guide, see this step-by-step process.
Processing Times
USCIS gives at least 90 days to apply after lottery selection. Regular processing times can vary from two to six months. You can pay extra for premium processing and receive a decision in about 15 calendar days.
Delays may happen if documents are missing or if USCIS requests more information. If your petition is approved, visa processing at a U.S. consulate can add extra weeks, mainly depending on the country. Keep all documents organized and respond quickly to any requests to keep your timeline on track.
Key Considerations Before Applying
Your H-1B journey depends on factors like employer type, family status, and plans for a green card. Knowing the facts about these points helps you prepare your application and make informed decisions.
Cap Exempt vs. Cap Subject Employers
The H-1B program limits the number of new visas each year. Cap subject employers are part of this limit, so if you apply through these employers, your case enters a lottery system. Only a set number of visas are issued every year. If you are not selected, you must wait until the next cycle.
Cap exempt employers are not affected by the annual cap. These are often universities, nonprofit research groups, or government research organizations. If you work for a cap exempt employer, you can apply any time of year. This makes your application process more predictable, as you do not have to rely on the lottery.
Here’s a quick comparison:
| Employer Type | Subject to Cap? | Examples | Application Timing |
|---|---|---|---|
| Cap Subject | Yes | Private companies | Once per year (lottery) |
| Cap Exempt | No | Universities, Research | Any time |
Learn more about types of H-1B employers and the cap at the USCIS guide on the H-1B process.
Dependents and H-4 Visas
Your immediate family members—spouse and children under 21—may come with you on H-4 dependent visas. The H-4 visa allows your dependents to live, study, and sometimes work in the U.S. Spouses of H-1B holders can apply for work authorization only if you meet certain requirements, such as having an approved I-140 petition for permanent residence.
Children on H-4 visas cannot work, but they can attend school. H-4 visa holders do not qualify for federal student aid, and their immigration status depends on your own. If you lose your H-1B status, your dependents may lose their status too. It is important to plan for their legal stay and future options carefully.
Transitioning to Permanent Residency
An H-1B visa is a dual intent visa. This means you can apply for a green card (permanent residency) while holding H-1B status. Starting the green card process early is critical, especially because it can take several years.
Most employers will sponsor you for permanent residency through an employment-based petition. The green card process involves several steps, including PERM labor certification, the immigrant petition (I-140), and adjusting your status to permanent resident (I-485). If you want your family to stay with you, they will also need to adjust their status.
Your H-1B time is generally limited to six years. If your green card process is not finished by then, you may be able to extend your H-1B status in special cases. Find detailed information about green card options on the Boundless H-1B visa guide.