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H-1B Work Visa

H-1B Visa Overview

The H-1B visa is a popular work visa in the United States, established to attract highly skilled foreign professionals across various sectors, including roles such as software developers, engineers, doctors, physical therapists, hotel managers, accountants, financial analysts, and management analysts, among others.

Each year, 65,000 H-1B visas are available for professionals, with an additional 20,000 set aside for individuals who hold a master's degree or higher from approved institutions. Due to high demand, the number of applications often exceeds the quota. The application process begins in early March, with USCIS accepting electronic applications. Given the large volume of applications, a lottery system is used by the end of March to select candidates. The selection rate typically ranges from 25 to 50 percent, depending on the number of applications. Successful applicants must complete their applications by the end of June.

Typically, H-1B visas are issued for an initial period of three years, starting on October 1st. To qualify, applicants must hold a bachelor’s degree or higher (or an equivalent foreign degree) in a field related to the job. Alternatively, candidates can show 12 years of progressive experience. A USCIS officer will assess whether the job qualifies as a specialty occupation and whether the applicant can perform the required duties. The H-1B employer must file a Labor Condition Application (LCA) with the Department of Labor, adhering to all specified conditions.

The steps to obtain an H-1B visa include:To qualify for an EB-1 visa, individuals can prove their eligibility as Persons of Extraordinary Ability, allowing them to immigrate to the U.S. without needing an employment offer. Unlike other categories, this does not require the PERM filing process, resulting in faster processing times.

  • Finding a U.S. employer willing to sponsor you.
  • Once you accept an offer, the employer gathers necessary documents such as your resume, passport copies, degree certificates, transcripts, and job experience letters.
  • The employer hires an immigration lawyer to prepare the H-1B visa petition, including job details, salary, and supporting documents.
  • The lawyer reviews the case with the employer, ensuring all documents are in order.
  • After finalizing the case, the lawyer instructs the employer to post the LCA notice and file the LCA with the Department of Labor.
  • The law firm then prepares Form I-129, other required forms, and a petition letter, and obtains credential evaluations if needed.
  • It generally takes about 7 days to receive a certified LCA, after which the signed forms are submitted to USCIS.
  • H-1B cap-subject petitions are registered with USCIS from March 1st to March 20th, with the complete petition to be filed within 90 days if selected in the lottery.
  • Annually, about 65,000 H-1B visas are available, plus an extra 20,000 for U.S. master’s degree holders.
  • H-1B transfers, extensions, and amendments are filed year-round and are not subject to the lottery.
  • Initial filing fees range from $1,710 to $2,460, with an additional $4,000 fee for some employers. A $2,500 premium processing fee is optional.
  • Receipt notices are typically received within 2 to 3 weeks, or within 2 weeks with premium processing.
  • USCIS may approve the H-1B visa or request additional evidence, with processing times between 4 to 6 months.
  • Upon approval, applicants can start working in the U.S. or apply for a work visa at a U.S. Embassy or Consulate.
  • For embassy/consulate applications, complete Form DS-160, pay fees, and attend an interview where the Consular Officer will verify the petition and assess your background and credentials.
  • Relevant government agencies include USDOL's ETA, USCIS, the Department of State, and the Wage and Hour Division.
  • Consider consulting a specialized law firm, such as Dyprocs, for assistance at 844-495-5487.

To qualify for an H-1B visa, both the employer and employee must meet specific criteria:


1. US Employer Requirement:

  • The petitioner must be a U.S. employer.
  • The employer should maintain an employer-employee relationship, with the authority to hire, fire, pay, supervise, and control the worker's tasks.
  • The employer must have a federal tax identification number issued by the IRS.

2. Specialty Occupation Position:

  • The position must be a specialty occupation requiring a highly specialized knowledge base.
  • The job should require at least a bachelor’s degree or its equivalent.
  • Specialty occupations can include fields such as architecture, engineering, mathematics, physical or social sciences, medicine and health, education, law, theology, arts, and others.

3. Worker Qualifications:

  • The employee must meet the qualifications for the offered position.
  • Workers should have at least a bachelor’s degree in a related field.
  • Acceptable qualifications include a U.S. bachelor's degree or its foreign equivalent, equivalent education/training/experience, certification by a recognized association, or a combination of education, training, and experience deemed equivalent by USCIS.

4. H-1B Visa Availability:

  • H-1B visas must be available for the petition to proceed.

5. Labor Condition Application (LCA):

  • The petitioning employer must obtain a certified LCA from the Department of Labor (DOL).

6. H-1B Petition Approval:

  • USCIS must approve the H-1B petition, confirming all eligibility criteria are met.
H-1B Transfer:

An H-1B transfer allows an employee to move from one employer to another, provided they follow the correct procedures and submit a transfer petition to USCIS. The employee must not resign from their current job until the H-1B transfer petition is approved, as USCIS processing can take up to eight weeks.

For a valid H-1B transfer, the applicant must show they maintained valid H-1B status at the time of filing. If the H-1B employment involves working at a client site via a third party, the sponsoring company must provide supporting documentation, such as an end client letter, contract, purchase order, and other relevant documents, to establish the employer-employee relationship and effective control. Additional evidence, such as employment agreements, benefits information, performance reviews, and communication records, may also be required.

H-1B Cap:

The H-1B visa program has an annual cap of 65,000 visas. However, there are exceptions:

  • 6,800 visas are allocated for the H-1B1 program for Chile and Singapore citizens under free trade agreements. Unused visas are transferred to the regular H-1B cap for the next fiscal year.
  • The advanced degree exemption applies to beneficiaries with a master’s degree or higher from a U.S. institution.
  • Certain employers and workers may qualify for cap-exempt status, including higher education institutions, non-profits affiliated with such institutions, non-profits or government research organizations, and workers in Guam or the Commonwealth of Northern Mariana Islands (CNMI) if the petition is submitted before December 31, 2029.
  • Previous H-1B visa holders are exempt from the cap. USCIS processes extensions and changes of employment for cap-exempt H-1B holders.
H-1B Validity Periods:

The H-1B visa is intended for temporary workers in specialty occupations, with a maximum stay of six years. After six years in H-1B status, individuals must stay outside the U.S. for one year before being eligible for another H-1B visa, which is also limited to a six-year maximum.


Extensions beyond six years may be granted under specific conditions. Workers must be in the process of obtaining an employment-based visa or permanent residency. Due to high demand for employment-based visas, applicants may face delays and may qualify for incremental extensions of one or three years. Eligibility for these extensions requires a pending Form I-140, labor certification request, or petition for permanent resident status, and continued compliance with H-1B requirements.


USCIS provides grace periods for specific situations. There is a ten-day grace period at the beginning and end of an H-1B validity period, allowing employees to prepare for starting employment or leaving the U.S. If employment ends before the H-1B period concludes, a grace period is granted.

Labor Condition Application:

The first step in filing an H-1B petition involves submitting a Labor Condition Application (LCA) and obtaining certification from the Department of Labor. Certification of the LCA is required before filing an H-1B petition.


The LCA ensures that employers pay foreign workers at least the prevailing wage rate and provides working conditions equivalent to those of U.S. workers in similar positions. Employers must notify the union bargaining representative (if applicable) or all employees about the LCA submission.

Common Issues with H-1B Request for Evidence (RFE) Notices:

USCIS may issue an RFE when additional evidence is needed to adjudicate an H-1B case. Common RFE issues include:

  • 1. Specialty Occupation:Insufficient evidence that the job qualifies as a specialty occupation.
  • 2. Employer-Employee Relationship:Lack of proof of a valid employer-employee relationship.
  • 3. Availability of Work:Failure to demonstrate the employer has qualifying assignments for the entire requested period.
  • 4. Beneficiary Qualifications:Inability to establish that the beneficiary meets the qualifications for the specialty occupation.
  • 5. Maintenance of Status:Failure to prove the beneficiary’s current immigration status.
  • 6. Labor Condition Application (LCA):Inadequate or incorrect LCA documentation.
  • 7. AC21 and Six-Year Limit:Failure to establish eligibility for AC21 benefits or H-1B extensions beyond six years.
  • 8. Itinerary:Missing dates and locations of services in the H-1B petition itinerary.
  • 9. Filing Fee:Failure to provide evidence of paying all required filing fees.

For further assistance, please contact at 844-495-5487.