H-1B visa program plays a important role in the U.S. economy, allowing American companies to hire highly skilled foreign workers in specialized occupations. Employer looking to bring in top talent or a foreign national seeking to work in the United States, understanding the H-1B visa process is essential. Every aspect of the H-1B visa, from eligibility requirements to application procedures and beyond.

What is H-1B Visa?

H1-B Visa is a nonimmigrant Visa which is designed to allow U.S. employers to employ foreign nationals in specialty occupations in the United States of America for a specified period. People from outside U.S. who are looking for employment need to have a H1-B Visa under the Immigration and Nationality Act. 

H-1B Lottery

You May Read

holland america cruises

Holland America Opens Bookings for 2026-27 South America & Antarctica Cruises!

Marwadi University

Marwadi University (Rajkot,Gujarat): Courses, Fees, Admission, Placements, Cutoff!

Passport for Government Employees

Passport for Government Employees – How to Apply & Fees

What is H-1B Licensing?

H-1B licensing is a state or locally held license, required for some of the H-1B beneficiaries to authorise that the beneficiary can practice the specialty occupation completely. More details regarding H-1B licensing: 

  1. H-1B seeking beneficiary must have license before approval of the petition for those into occupation in the state requiring license 
  2. Request for evidence will be issued by USCIS, when license is required but no evidence is present proving that the beneficiary holding a license.

H-1B Visa Eligibility Criteria

To obtain the H1-B Visa, you must:

  1. Have 12 years of work experience. It can also be a mix of further education and work experience.
  2. Applicant must hold a bachelor’s degree or its equivalent.
  3. United States Citizenship and Immigration Services will determine if your employment constitutes a specialty occupation and if you are qualified to perform the services.
  4. Employer should file a labor condition with the Department of Labor that concerns the terms and conditions of its contract of employment with you.
  5. Must demonstrate that you have the ability to work in specialty occupation.
  6. To come to U.S. to earn and are not coming with the intention to pursue a hobby or to give free advice or any humanitarian service.

Applying for H1-B Visa

Individual is not allowed to apply for the H1-B visa, it requires sponsoring from U.S. employer. H1-B filing period starts from 1st April and the filling period will continue till the quota is met. H1-B sponsors and employers change every year. H1-B visas are dual intent visas as you can get permanent residency as well.

H1-B visas can be filled and approved in 15 days using the premium processing but an extra fee of $1,225 is to be paid. The H1B visa can also be transferred to the new H1-B sponsor company at any time.

What is the H-1B Electronic Registration Process?

Steps to H-1B electronic registration process: 

  1. Create a USCIS online account 
  2. To submit registrations within USCIS, registrants or prospective petitioner must use ‘registrant’ account 
  3. Additional information cannot be added until the initial registration period opens, if “I am an H-1B registrant” is selected 
  1. Registrants must enter the company information if submitting registration for oneself 
  2. Company information entered by representative should be reviewed by the registrant if working with a representative 
  3. Representative can create same kind of account or may use the existing account (if any) 
  4. Representative need to add their law firm or organisation information while creating account 

Employer petitions for the H1B visa in the following ways:

Form ETA-9035:

Labor Condition Attestation through the ICERT website. The employer assures the DOL that they will provide the employee with fair salary and equal benefits similar to that which is being provided to the U.S. citizen.

Form I-129:

Petition for Nonimmigrant Worker is filed with H Supplement and submitted with supporting documents that include proved LCA and is to be filed with USCIS Regional Service Centre that has jurisdiction over the city of planned employment. When approved, the employer gets notice or approval Form I-797 and a copy is forwarded to the American Consulate.

Family of H-1B Visa Holders

Children of H-1B visa holders who are under 21 years of age and spouse can apply for admission in H-4 nonimmigrant classification. If H-4 dependent spouse of the H-1B non-immigrant spouse is eligible, if: 

  1. Spouse is the principal beneficiary of Immigrant petition for Alien Workers with approved FormI-140 
  2. under sections 106(a) and (b) of the AC21, the spouse has been granted withH-1B status 

Note: H-1B nonimmigrants can remain in the USA even after six months of H-1B admission limitation period for work, if seeking permanent residence based on employment, under AC21.

Documents Required While Applying For H1B Visa

Documents required for h1b visa who are outside the U.S. are as follows:

  1. Passport
  2. Labor Certificate Approval
  3. Appointment Letter offered by your employer
  4. Tax returns paper of the company
  5. Copy of the letter sent to the Department of Justice
  6. Copy of the letter sent to the Consular General of the Indian Consulate
  7. Copy of the official valuation of your degrees
  8. PG certificate
  9. Appointment and Relieving Certificates from the previous companies that you were employed at.
  10. Dates of prior stay in U.S. in H1-B status
  11. Job description and duty with the sponsoring U.S. Company to be described in short.
  12. Copy of current U.S. License or temporary license
  13. Copy of resume with supporting certificates
  14. Two demand drafts, $45 for processing fee and $100 for issuance fee
  15. 2 to 3 passport sized colored photographs
  16. If H-4 visa is being applied for dependent members, then you must submit copies of children’s birth certificates and copy of marriage certificate.

If you are applying for a H1-B status when you are already in the U.S., the following documents are to be submitted:

  1. Copy of biographic and visa pages of current passport
  2. Current U.S. address
  3. Foreign address
  4. Day and evening phone numbers
  5. E-mail address
  6. Form I-94 card copy
  7. Prior H1-B approval notices copy
  8. Dates of prior stay in U.S. under H1-B status
  9. Current resume with employment history
  10. Copy of university or college degree
  11. Copy of credentials evaluation
  12. Title you hold with the sponsoring U.S. Company
  13. Detailed description of your job and duties
  14. Copy of current license, if any that is required for your occupation
  15. Social security number
  16. Recent W2 copy
  17. Recent pay slip copy

Photo Requirements for H-1B Visa

If you wish to apply for the H1B Visa then you need to provide a digital photo. Certain criteria must be met by your photographs. If you get the photo clicked at a studio, then mention that you need it for the US visas.

Requirements:

  1. Acquisition – Image file that you produce can be taken using a digital camera or by digitizing paper photo with your scanner.
  2. Dimensions – Pixel dimension of the image should be a square. Height and the width of the photo must be the same. Minimum dimensions must be 600 x 600 pixels for the photo to be acceptable.
  3. Color – Photo must be in color (SRGB) code. General output for most cameras that are digital.
  4. Format of the file – Format of the file must be in JPEG.
  5. Size of the file – Size of the photo file must be 240 kb or less.
  6. Compression – Image might need compression for giving it the required size.

Scanning Requirements:

  • Size for printing – If the image is scanned from a paper photograph, the size of the photo must be at least 2 inches x 2 inches square.
  • Resolution – Sampling frequency of the printed photos must be 300 pixels / inch.

Composition Requirements:

  1. Image that you produce must have the full face, shoulders and neck in frontal view. Expression on your face must be non-smiling and neutral. Eyes must be opened and you must look directly at the camera.
  2. Head must never be tilted towards any side. It should always be at the center of the frame.
  3. Background of the photo must be light in color. There should not be any distracting shadows in the picture.
  4. Face should stay in focus. Photo must not be sharpened.
  5. Photo must not be overexposed or underexposed.

How to Book an Appointment for H-1B Visa?

  1. Visa interview is for all the people who wish to get their h1b visa to the United States of America.
  2. Interview of Visa can be taken by you online at the US Visa appointment system.
  3. If you wait till the last moment for booking an interview then you might not get the preferred time and date.
  4. Understand which consulate you have to apply to before you set up an appointment.
  5. Check out the list provided for the US Consulates present in India.
  6. Get an appointment on the earliest interview date.
  7. Check the wait period for visa at all US consulate.

Validity of H-1B Visa

H1B nonimmigrant is permitted to stay in the U.S. for a period of 3 years and the period can be extended but it cannot go beyond 6 years. Period of stay can be extended under the American Competitiveness in the Twenty-First Century Act. Limited extension for those who have permanent residence applications pending. But, if your H1-B visa is not extended before the end of the 6th year, you are required to remain outside the country for 1 year.

Foreign nationals working in the Defense Department projects can remain in the H1- B status for 10 years.

With the H1B visa, you can bring your dependents. Wife and unmarried children below the ages of 21 are entitled to the H4 visa and can stay as long as your H1-B visa is valid. They cannot accept employment but are allowed to attend school in the U.S. Servants are also allowed under the B1 visa.

Benefits of H-1B Visa

Benefits of the H1-B Visa are as follows:

  1. There is no limit to the number of H1-B Visas that an individual can have in his or her lifetime.
  2. H1-B holders can seek Green Card or Lawful Permanent Residency for themselves and their family.
  3. If the employer is terminating a H1B holder before the end of the authorized employment period, the employer must pay a reasonable cost of transportation for the H1-B holder to go back to his or her home country.
  4. If the H1-B holder is changing jobs, he or she must reapply for a new visa. It however doesn’t mean you get another 6 years permit. But those who are converting the H4 visa to H1-B status will get 6 years permit from the date the status changed to H1B status.

H-1B Visa Limitations

Limitations of the H1-B Visa are as follows:

  1. Duration of the stay is temporary. H1-B holder can however seek for Lawful Permanent Residency, but if the petition is denied then the H1-B holder must go back to his or her home country at the end of the 6 year authorized employment period.
  2. An annual limit set to the number of H1-B Visas being issued. H1-B cap is set at 65,000 for a fiscal year. But the quota is only for new H1-B applications and not to those seeking extension and change of employer.

How to Apply for an H-1B Visa?

H-1B visa application process is comprehensive and requires careful adherence to a series of steps. Here’s a detailed breakdown of each phase:

1. Job Offer and Employer Preparation

  • Employer identifies a need for a specialty occupation worker.
  • Find a candidate who requires H-1B sponsorship to fill the role.

2. H-1B Registration (Lottery)

Before moving to the full H-1B petition process, there’s an essential preliminary step for cap-subject petitions: H-1B Registration.

  • Employer creates a myUSCIS account (if not already set up).
  • During the registration period (typically March), the employer submits an electronic registration for each prospective H-1B worker.
  • USCIS conducts a lottery to randomly select the registrations.
  • Selected registrants are notified and invited to file the full H-1B petition.

3. Labor Condition Application (LCA)

  • If selected in the lottery, the employer prepares and submits the Labor Condition Application (LCA) to the Department of Labor (DOL).
  • DOL provides a Prevailing Wage Determination (PWD) to ensure the H-1B worker is compensated fairly, protecting U.S. workers.
  • DOL typically certifies the LCA within seven working days.

4. H-1B Petition Preparation and Filing

  • Employer prepares Form I-129 (Petition for a Nonimmigrant Worker) along with supporting documents.
  • Employer includes the certified LCA, the required fees, and additional documentation, such as:
    • Educational qualifications (e.g., degree certificates)
    • Relevant training certificates or professional memberships
    • Resume
    • Employer’s letter of support and confirmation of employment
  • Complete petition package is filed with the USCIS for processing.

5. USCIS Processing

  • USCIS reviews the petition and may issue a Request for Evidence (RFE) if more information is required.
  • USCIS then makes a decision to approve or deny the petition.
  • Applicants in the U.S. already may not require an interview if transitioning from another visa status (e.g., F-1 to H-1B). USCIS typically processes the change without a consular interview.

6. Visa Application and Interview (if applicable)

  • For those outside the U.S. or needing to travel internationally, the applicant proceeds with consular processing.
  • Applicant submits Form DS-160 (Online Nonimmigrant Visa Application) and pays the visa application fee.
  • Applicant schedules and attends a visa interview at a U.S. embassy or consulate, where a consular officer will review the application and ask questions about the applicant’s background and employment.
  • Officer will decide whether to approve or deny the visa.

7. Entry to the U.S.

  • If the visa is approved, the applicant can enter the U.S. up to 10 days before the start date of employment.
  • At the port of entry, a Customs and Border Protection (CBP) officer will decide on admission.

8. Begin Employment

  • International employee may begin working for the sponsoring employer on or after the start date specified in the H-1B petition.

9. H-1B Stamping

  • H-1B visa stamping refers to a physical visa placed in the applicant’s passport by a U.S. embassy or consulate outside the U.S. This serves as the official permission to enter the U.S. in H-1B status.
  • If the applicant filed for H-1B status from within the U.S. (through a change of status), they do not automatically receive an H-1B visa stamp. Instead, they receive an I-797 approval notice, which authorizes work in the U.S. but does not allow re-entry if they leave the country.
  • H-1B visa stamp is only necessary for re-entry into the U.S. after traveling abroad. To obtain this stamp, applicants must attend an interview at a U.S. embassy or consulate where eligibility documents will be reviewed.

H-1B process is multi-step and involves several key phases, from registration to consular processing and visa stamping. With careful preparation, employers and applicants can navigate this process to secure an H-1B visa for specialized employment in the United States.

How to Transfer H-1B Visa to another Employer?

Apply for transfer of H1-B to another company. But you will need valid employment in the U.S. Must also have recent pay stubs and last 2 year’s W2 forms.

If you do not have recent pay slips, then the reason for not having the pay slips will have to be explained to USCIS. It could be due to unpaid vacation long sick leave. Approval letter for the same must be provided. If you lose the job, you lose the status of H1-B even if you have a valid H1-B Visa or a valid I-94 card.

How to Check H-1B Visa Status without Receipt Number?

Must get paid from the company from the day one of your employment in U.S. as per the law. Not be allowed to live in the country without salary unless you have taken an unpaid leave or sick leave. Status will remain valid and legal but you will have to find another employment at the earliest. If you are not getting a job, then it is advisable for you to leave the country.

In the event the employer is refusing to pay your salary, you can place a complaint with the nearest USCIS office or with the Department of Labor.

H-1B Visa Cost

H1B visa base billing fee has been increased by 21% from USD 460 to USD 555. New visa filing fee was effective from 2 October 2020. Visa applicant can either pay the visa fee online as a bank transfer or in cash at a particular bank which branches across the country. Once, the payment is done, you have to create a profile on the US Visa Service portal and choose an appointment slot to make sure that you have made the payment in a correct manner.

To see various payment options and other details on the payment confirmation screen. Need to schedule an appointment within a year for your visa interview.

FAQs on H-1B Visa

What is an H-1B Visa?

  • H1B visa is a nonimmigrant visa that allows U.S. companies to employ foreign workers in specialty occupations that require theoretical or technical expertise.

Who is eligible for an H-1B Visa?

  • To be eligible, you must have a job offer from a U.S. employer for a specialty occupation, and you must have the necessary qualifications, such as a bachelor’s degree or higher in the relevant field.

What is a specialty occupation?

  • Specialty occupation requires specialized knowledge and a bachelor’s degree or higher in a specific field, such as IT, engineering, mathematics, or medicine.

How long is the H-1B Visa valid?

  • H1B visa is initially valid for up to three years and can be extended for a maximum of six years.

Can H-1B Visa holders apply for a green card?

  • Yes, H1B visa holders can apply for a green card through employment-based immigration processes.

What is the H-1B Visa cap?

  • H1B visa cap is the annual limit on the number of H1B visas issued. Currently, the cap is set at 65,000 visas per fiscal year, with an additional 20,000 visas for individuals with a U.S. master’s degree or higher.

When can I apply for an H-1B Visa?

  • Application process typically begins in April each year, and visas are issued for the fiscal year starting October 1.

Can I change employers while on an H-1B Visa?

  • Yes, you can change employers, but the new employer must file a new H1B petition on your behalf.

What happens if my H-1B Visa application is denied?

  • If your application is denied, you may appeal the decision or reapply with additional supporting documentation.

Can my spouse and children accompany me on an H-1B Visa?

  • Yes, your spouse and unmarried children under 21 can accompany you on H4 visas.

Can H4 visa holders work in the U.S.?

  • H4 visa holders can apply for employment authorization if the H1B visa holder has an approved Form I-140 (Immigrant Petition for Alien Worker).

What is the Labor Condition Application (LCA)?

  • LCA is a document filed by the employer with the Department of Labor to ensure that hiring a foreign worker will not negatively impact the wages and working conditions of U.S. workers.

How long does it take to process an H-1B Visa?

  • Processing times can vary, but it typically takes several months. Premium processing is available for an additional fee, which expedites the process to 15 calendar days.

Can I travel outside the U.S. on an H-1B Visa?

  • Yes, you can travel outside the U.S. and re-enter, but you must have a valid H1B visa stamp in your passport.

What should I do if my employment is terminated?

  • If your employment is terminated, you have a 60-day grace period to find a new employer, change your visa status, or leave the U.S.

Can I work part-time on an H-1B Visa?

  • Yes, you can work part-time, but your employer must specify the part-time nature of the job in the H1B petition.

What is the H-1B Visa lottery?

  • H1B lottery is a random selection process used when the number of H1B petitions exceeds the annual cap.

Can I study while on an H-1B Visa?

  • Yes, you can study part-time or full-time while on an H1B visa, as long as it does not interfere with your employment.

What is the difference between H-1B and L1 visas?

  • H1B visa is for specialty occupations, while the L1 visa is for intra-company transferees who work in managerial positions or have specialized knowledge.

Can I extend my H-1B Visa beyond six years?

  • Extensions beyond six years are possible if you have an approved I-140 petition or if you are in the process of obtaining a green card.

What kinds of occupations qualify for H-1B status?

  • Broad range of professional occupations qualify for H-1B status. Generally, professional-level occupations in engineering, biological, physical, social sciences, mathematics, and business administration will qualify for H-1B. Bachelor’s degree is always the minimum requirement for an occupation to qualify for H-1B status, but depending on the position, an advanced degree (Master’s or Ph.D.) may be necessary.

Who is eligible to obtain H-1B status?

H-1B status is available to a person who has been offered a temporary professional position by a U.S. employer. Bachelor’s degree or higher in a related area is the minimum educational level required for a position to qualify for H-1B status, and the H-1B employee must have this degree (or higher).

Am I eligible for H-1B status since I have a bachelor’s degree?

Not necessarily. Job itself must require a bachelor’s degree or higher in a specialized field. You must then have that degree to qualify for H-1B status.

Can I change jobs after I get my H-1B?

An H-1B approval is employer-specific. It permits an H-1B status holder to work only for the employer that filed the petition. If you decide to change employers, the new employer must apply for the H-1B on your behalf. Consult with an immigration attorney if you are planning to terminate your employment or learn that your employment is being terminated. The H-1B is also position-specific. Therefore, if your H 1B employer wishes to significantly change your job duties or other conditions of employment after securing approval of your H-1B petition, the employer is required to submit an amended petition to the USCIS. In both of these cases, under certain conditions, you MAY be eligible to be paid in the new position after the employer has received the USCIS receipt notice for the H-1B petition (this is called “H-1B portability”).

What is the role of an attorney in the H-1B petition process?

An attorney can help you and the employer present the best case for approval of the H-1B status application to the USCIS. However, an attorney cannot guarantee success of an H-1B application nor can an attorney obtain an H-1B for an unqualified person. In many cases, an attorney may be able to determine in advance whether or not your position and credentials would qualify for an H-1B.