H-1B VISA

The H-1B Visa: An Overview

The H-1B visa allows U.S. employers to employ foreign workers in specialty occupations. These occupations typically require specialized knowledge and a bachelor's degree or its equivalent in the relevant field.

Annual Cap and Lottery System

Each year, the U.S. government sets a limit on the number of H-1B visas issued. The cap is currently at 65,000 for applicants with a bachelor's degree, plus an additional 20,000 for those holding a master's degree or higher from a U.S. institution. Because of high demand, a lottery system is used to select the recipients of these visas.

Application Process

The application process for an H-1B visa begins with a registration period in March, where employers submit details of the prospective employee. In 2024, the registration fee for employers was $10, but that is anticipated to increase to $215 in 2025. Following registration, the lottery takes place, and successful applicants can then proceed with their visa petitions.

Key Requirements

For a successful H-1B petition, several documents and attestations are required, such as:

  1. Proof of Employment: This includes a letter from the employer or recent pay stubs.

  2. Educational Qualifications: Copies of degrees, certifications, or licenses relevant to the position.

  3. Prevailing Wage Determination: Obtained from the Department of Labor, this ensures the H-1B worker is paid at least the same as others in similar roles locally.

  4. Labor Condition Application (LCA): Filed with the Department of Labor, the LCA certifies that the employer will pay the prevailing wage and that hiring an H-1B worker won't adversely affect U.S. workers.

Visa Costs and Fees

Employers are responsible for various fees associated with the H-1B visa process. You may opt for Premium Processing (a service guaranteeing a decision within 15 business days), for an additional fee of $2,805.

H-1B FAQs

  • In most cases, the initial duration of an H-1B visa is three years. However, it can be extended for up to a maximum of six years. After this period, the worker must leave the United States for at least one year before being eligible to apply for another H-1B visa.

    Additionally, some workers may be eligible for an extension beyond the six-year limit under certain circumstances – for example, if their employer has filed for a green card (permanent residency) on their behalf.

  • Yes. It is a dual intent visa, which means you can obtain or continue in a given nonimmigrant status even where steps have been taken to obtain U.S. permanent residence (a green card).

    Of course, you would also have to meet the requirements for the green card. Consult with a lawyer for more details.