H-1B Visa
Ultimate Guide
Navigating the H-1B lottery and petition process requires precision. Our comprehensive guide helps you understand everything from eligibility to obtaining your stamping.
What is an H-1B Visa?
The H-1B is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. A "specialty occupation" is one that requires the theoretical and practical application of a body of highly specialized knowledge, and a bachelor's degree or higher in the specific specialty.
Common H-1B fields include architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts.
Key Features
- Dual Intent: Allows you to apply for a Green Card.
- H-4 Dependents: Spouses and children can join you.
- Portable: You can transfer your visa to a new employer.
- 6-Year Limit: Initially 3 years, extendable to 6.
The H-1B Process
A step-by-step roadmap to your U.S. work authorization.
Registration
Employers register prospective employees in the USCIS electronic portal in March.
The Lottery
If registrations exceed the cap, USCIS conducts a random selection process.
LCA Filing
The employer files a Labor Condition Application (LCA) with the Dept. of Labor.
Petition Filing
A full Form I-129 petition is filed with USCIS for the selected candidate.
Document Checklist
Ensure you have the following ready for your attorney review:
- Copy of Passport
- University Diploma
- Transcripts
- Resume / CV
- Experience Letters
- Offer Letter
- I-94 Record
- Prior Approval Notices
Important Cap Info
The Regular Cap is set at **65,000**.
The Master's Exemption provides an additional **20,000** spots for those with a degree
from a U.S. institution.
**Cap-Exempt Employers:** Certain universities, non-profit research organizations, and
government research organizations are not subject to the lottery.
Frequently Asked Questions
Can I work for multiple employers?
Yes, you can have multiple concurrent H-1B petitions, but each employer must file their own petition and pay the requisite fees.
What if my lottery registration is not selected?
You may explore other options such as the O-1 visa (extraordinary ability), L-1 visa (intra-company transfer), or returning to school on an F-1 visa.
How long does it take to get an H-1B?
The registration happens in March. Selection notices are usually out by April. Filing happens between April and June. The earliest start date is October 1st of that same year.
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