The H-1B visa is a nonimmigrant work visa that allows U.S. employers to hire foreign profes-sionals in specialty occupations that require specialized knowledge and at least a bachelor’s de-gree or its equivalent. Common fields for H-1B visa holders include technology, engineering, finance, healthcare, and education. To begin the application process, a U.S. employer must first submit a Labor Condition Application (LCA) to the Department of Labor (DOL) to ensure that hiring a foreign worker will not negatively impact U.S. employees. The LCA must confirm that the employer will pay the required wage and provide appropriate working conditions. Once the LCA is certified, the employer can proceed with filing Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS), including supporting docu-ments such as the beneficiary’s educational credentials and job offer details.
Due to the high demand for H-1B visas, USCIS conducts an annual lottery to randomly select applicants, as there is a cap of 65,000 visas per fiscal year, with an additional 20,000 available for candidates who have earned a master's degree or higher from a U.S. institution. If the petition is selected in the lottery and approved, the beneficiary can apply for an H-1B visa at a U.S. con-sulate or embassy abroad, if necessary. The applicant must complete Form DS-160, pay the visa application fee, and attend a visa interview where a consular officer will assess their eligibility. If granted, the visa allows the individual to work in the U.S. for an initial period of up to three years, with the possibility of an extension for up to six years.
Once in the U.S., H-1B visa holders must comply with visa regulations, including working only for the sponsoring employer and maintaining lawful status. If they wish to change employers, the new employer must file a new H-1B petition, though in many cases, the employee can begin working under portability provisions while the new petition is pending. Additionally, H-1B visa holders may be eligible to apply for a Green Card through employment-based sponsorship, mak-ing this visa a potential pathway to permanent residency. Given the complexities of the H-1B process, both employers and applicants are encouraged to work with an immigration attorney to ensure compliance with all legal requirements and improve the chances of a successful petition.
