Understanding the H-1B Visa Process

What is the H-1B visa?

The H-1B is a nonimmigrant work visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. A "specialty occupation" generally requires at least a bachelor's degree (or equivalent) in a specific field related to the job. Common H-1B occupations include software engineers, financial analysts, architects, physicians, university professors, and research scientists.

The H-1B is one of the most widely used employment-based visa categories and is often a stepping stone toward permanent residency (a green card). Understanding the process, timeline, and requirements is essential for both employers considering sponsorship and professionals seeking opportunities in the United States.

Eligibility requirements

To qualify for H-1B status, three core requirements must be met:

• Specialty occupation: The position must require a bachelor's degree or higher in a directly related field. USCIS evaluates whether the role genuinely requires specialized knowledge, not just whether the employer prefers a degreed candidate.
• Qualified worker: The foreign worker must hold the required degree or its equivalent. Equivalency can sometimes be established through a combination of education and progressive work experience, typically evaluated by a credentials agency.
• Employer-employee relationship: There must be a valid employer-employee relationship where the employer has the right to control when, where, and how the work is performed. This requirement has implications for staffing companies and consultants placed at third-party worksites.

The sponsoring employer must also file a Labor Condition Application (LCA) with the Department of Labor, attesting that the H-1B worker will be paid the prevailing wage for the occupation in the geographic area of employment and that hiring a foreign worker will not adversely affect the working conditions of similarly employed U.S. workers.

The H-1B lottery

Congress has capped the number of new H-1B visas at 65,000 per fiscal year, with an additional 20,000 reserved for applicants holding a U.S. master's degree or higher. Because demand consistently exceeds supply, USCIS conducts an annual electronic registration lottery.

Here is how the process typically works:

• Registration window (March): Employers submit electronic registrations on behalf of prospective H-1B workers during a designated period, usually in early to mid-March. The registration fee is $215 per beneficiary.
• Lottery selection (late March): USCIS randomly selects enough registrations to meet the cap. Selected registrants are notified and given a filing window.
• Petition filing (April–June): Selected employers have at least 90 days to file the full H-1B petition (Form I-129) with supporting documentation.
• Start date (October 1): Approved H-1B workers can begin employment on October 1, the start of the new fiscal year.

If you are not selected in the lottery, you cannot file a cap-subject H-1B petition for that fiscal year. However, there are important exceptions.

Cap-exempt employers

Not all H-1B petitions are subject to the annual cap. The following employers can file H-1B petitions at any time without going through the lottery:

• Institutions of higher education (universities and colleges)
• Nonprofit organizations related to or affiliated with institutions of higher education
• Nonprofit research organizations
• Government research organizations

Workers employed by cap-exempt entities can later transfer to cap-subject employers, but that transfer would be subject to the cap unless the worker has previously been counted against it within the past six years.

Filing timelines and duration

H-1B status is initially granted for up to three years and can be extended for a total of six years. Beyond six years, extensions may be available if the worker has an approved immigrant petition (I-140) or if a PERM labor certification has been filed at least 365 days prior to the six-year limit.

Processing times vary. Regular processing can take four to eight months. Premium processing, available for an additional fee ($2,805), guarantees a response from USCIS within 15 business days.

What employers should know

• Start early. The registration window opens in March, but preparation should begin months earlier. The LCA alone takes seven to ten business days to certify.
• Budget for costs. Employer filing fees typically range from $2,000 to $6,000 or more depending on company size, premium processing, and attorney fees. Employers cannot pass filing costs to the worker.
• Maintain compliance. H-1B employers must keep a public access file, pay the prevailing wage, and notify USCIS of any material changes in employment conditions.
• Plan for the long term. If the goal is permanent residency, consider starting the green card process (PERM labor certification) soon after the H-1B is approved. Indian and Chinese nationals face particularly long wait times due to per-country limits.

Practical tips for H-1B workers

• Keep all approval notices, I-94 records, and pay stubs organized and accessible.
• Notify your attorney promptly if your job duties, location, or salary change, as an amended petition may be required.
• If you change employers, the new employer must file a new H-1B petition. You can start working for the new employer once the petition is filed (portability provision).
• Travel outside the U.S. requires a valid H-1B visa stamp in your passport. If your visa stamp has expired, you will need to schedule a consular appointment before returning.
• Spouses on H-4 status may be eligible for work authorization (EAD) if the H-1B holder has an approved I-140.

Next steps

The H-1B process involves strict deadlines, detailed documentation, and ongoing compliance obligations. Whether you are an employer exploring sponsorship for the first time or a professional seeking to understand your options, early planning and experienced legal guidance can make a significant difference in the outcome.

At AKT Immigration, we help employers and professionals navigate every stage of the H-1B process, from initial registration through extensions and green card planning.