The H-1B visa is a non-immigrant work visa that allows U.S. companies to employ foreign workers for jobs in specialty occupations requiring specialized knowledge and a bachelor’s-degree or higher. These include technology, engineering, and medicine. Three years is the usual grant for such a visa, with extensions possible up to six years.
Step 1: Secure a Sponsoring Employer
For any visa, the applicant must first obtain a job offer from a U.S. employer, a company willing to sponsor the visa application of the candidate. Not all employers provide sponsorship, so it is better to list those that know and are amenable to the H-1B process.
Step 2: Employer Files a Labor Condition Application (LCA)
Your employer must file a Labor Condition Application (LCA) with the U.S. Department of Labor. The LCA attests that your employment does not adversely affect U.S. workers and that you will receive a wage according to U.S. labor market standards.
Step 3: Employer Submits Form I-129
Once LCA is certified, your employer would file Form I-129, Petition for a Nonimmigrant Worker, with the United States Citizenship and Immigration Services (USCIS). This petition is accompanied by supporting documents, namely your job offer letter, educational qualifications, and proof that the employer can pay your salary.
Step 4: Enter the H-1B Lottery (If Applicable)
The H-1B visa is subject to a maximum of 65,000 visas issued annually, plus another 20,000 for applicants holding advanced degrees from U.S. institutions. If applications exceed the cap, a lottery determines which petitions will be processed. It is vital to submit your petition before the lottery, usually conducted in April.
Step 5: Await Petition Approval
If chosen in the lottery, USCIS shall then consider the petition. The length of time for processing can vary from several weeks to a few months. Premium processing can speed up this review.
Step 6: Apply for the H-1B Visa at a U.S. Consulate
After your petition has been approved, you must apply for an H-1B visa at a U.S. consulate or embassy located in your home country. This application process entails completing a DS-160 form for a nonimmigrant visa application, paying the visa fee, and attending a visa interview. Required documents include your I-797 approval notice, passport, job offer letter, and educational certificates.
Step 7: Enter the United States
Once your visa has been approved, you can make your way to the U.S., generally no earlier than ten days before your employment start date. At the port of entry, U.S. Customs and Border Protection officers will review your documents before permitting you to enter the country.
Specific updates, considerations, and scenarios
The Department of Homeland Security has updated the procedures for the H-1B lottery, online filing, and petition-filing fees with USCIS. Most importantly, there has been a shift to more beneficiary-oriented selection, restricting selection by any individual beneficiary to one per lottery, thus ensuring fairness. The changes also permit choice of start date flexibility for employers post-October 1, while increased integrity safeguards require true passport information to fend off fraud.