The first step to an approved H-1B visa is the employer submission of a Labor Condition Application (LCA) to the Department of Labor (DOL).

H-1B Visa

H-1B VISA

The H-1B visa is a non-immigrant visa category in the U.S., allowing employers to temporarily hire foreign workers in specialized occupations.

It is designed to address labor shortages in specific fields, including science, technology, engineering, and mathematics (STEM) industries. The H-1B visa program is crucial in attracting skilled foreign talent to the U.S. workforce and filling specialized job openings in key sectors. It offers a pathway for temporary employment and potential permanent residency for eligible foreign workers. Speak to an experienced immigration attorney about the H-1B process.

To qualify for an H-1B visa, the foreign worker must have a job offer from a U.S. employer and possess the necessary education, experience, and skills. The position must be a specialty occupation and meet prevailing wage requirements to ensure fair compensation.
H-1B visas are typically granted for an initial period of up to three years, with the possibility of an extension for a maximum total stay of six years. Extensions beyond the six-year limit may be possible under certain circumstances.
The annual cap on the number of H-1B visas issued is 65,000 visas, and an additional 20,000 visas for individuals with advanced degrees from U.S. institutions. Some employers, such as universities and nonprofit research organizations, are exempt from this cap. Due to the high number of people applying for this visa type, the process often converts to a lottery system.
H-1B visa holders may pursue lawful permanent residency (green card) while on the visa. This dual intent feature allows visa holders to temporarily work and live in the U.S. while seeking permanent residency. Timing for this is critical, so speaking with an experienced immigration attorney early in the process is crucial.
H-1B visa holders can bring their spouses and unmarried children under 21 to the U.S. as dependents on H-4 visas. H-4 visa holders can study in the U.S. but typically cannot work, although some recent eligibility changes have been made.

The H-1B visa is employer-sponsored, meaning the employer must initiate the application process and file a petition with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker.
Employers must pay H-1B visa holders the prevailing wage for their occupation and location to prevent wage suppression and unfair competition.
H-1B visa holders can change employers by transferring their sponsorship, provided the new employer follows the proper legal procedures.
H-1B visa holders seeking permanent residency may apply for employment-based green cards, extending their stay in the U.S. beyond the six-year limit. For most circumstances, this process is also employer-sponsored, so the employer must initiate the application process and file the petition with the appropriate agencies.

H-1B APPLICATION PROCESS

The application process for an H-1B visa involves several steps and typically begins with the U.S. employer who intends to hire a skilled foreign worker. Remember that the employer must register for the H1B process and be selected in the lottery to complete these steps. If selected, the following steps would follow.

Employer Sponsorship

01

The process starts with the U.S. employer offering a job to a foreign worker in a specialized occupation. The employer must be willing to sponsor the H-1B visa and comply with all legal requirements.

Labor Condition Application (LCA)

02

Before filing the H-1B petition with the U.S. Citizenship and Immigration Services (USCIS), the employer must submit a Labor Condition Application (LCA) to the Department of Labor (DOL). The LCA ensures that the employer will pay the prevailing wage for the occupation in the specific geographic area and that working conditions for U.S. workers will not be adversely affected.

Form I-129 Petition

03

The U.S. employer submits Form I-129, Petition for a Nonimmigrant Worker, to the USCIS. This petition includes detailed information about the job, the foreign worker's qualifications, and the terms and conditions of employment. It also requires supporting documentation and filing fees.

USCIS Processing

04

USCIS reviews the H-1B petition to verify its accuracy and compliance with all requirements. This can take several months, and premium processing is an option for expedited processing for an additional fee.

Visa Application

05

If the applicant is outside of the U.S. a consular process for visa issuance is required. Once USCIS approves the H-1B petition, the foreign worker can apply for the H-1B visa at a U.S. consulate or embassy in their home country. They must attend an interview and provide the necessary documentation, including the approved I-129 petition and a valid job offer.

Arrival in the U.S.

06

If the visa application is approved, the foreign worker will receive an H-1B visa stamp in their passport, allowing them to enter the United States.

Visa Issuance

07

Upon arrival in the U.S., the H-1B visa holder can start working for the sponsoring employer, as indicated in the petition. They must maintain valid H-1B status throughout their stay.

Potential Extensions & Green Card

08

H-1B visa holders can apply for extensions and pursue employment-based green cards to transition to permanent residency, allowing them to stay in the U.S. beyond the initial H-1B visa period.

It's essential for both the employer and the foreign worker to ensure they meet all eligibility criteria, provide accurate information, and adhere to legal requirements throughout the application process to increase the chances of a successful H-1B visa application. Additionally, the process may vary depending on specific circumstances, so consulting with an immigration attorney or expert is advisable to navigate any complexities.

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TYPICAL H-1B TIMELINE

The timeline for applying for an H-1B visa can vary depending on several factors, including the fiscal year, the applicant's circumstances, and government processing times. It's important to note that the H-1B visa program operates on an annual quota, and the application window typically opens on April 1st for employment starting on October 1st of the same year. Therefore, employers and foreign workers should plan well in advance and know the specific deadlines and requirements applicable to their situation. Additionally, processing times and quotas can change, so staying updated with the latest immigration regulations is crucial.

The U.S. employer identifies the need for an H-1B worker. The employer may start recruiting and interviewing potential foreign workers. The employer must file a Labor Condition Application (LCA) with the Department of Labor (DOL), which can take a few weeks for approval.
Per H-1B regulations, processing can begin six months prior to the requested start date. The employer prepares and submits the H-1B petition (Form I-129) to the U.S. Citizenship and Immigration Services (USCIS). USCIS processing times for the petition review can vary but often take several months. Premium processing (for an additional fee) can expedite this step to 15 calendar days.
USCIS reviews the H-1B petition, requests additional information, and issues an approval notice.
Once the H-1B petition is approved, the foreign worker can apply for an H-1B visa at a U.S. consulate or embassy in their home country. Visa processing times vary by location and may take several weeks to a few months.

After receiving the H-1B visa, the foreign worker can travel to the U.S. Some workers may choose to arrive just before their job start date, while others may arrive earlier to get settled.
The foreign candidate can begin working for the sponsoring employer on the specified job start date.