The H-1B visa allows US employers to sponsor graduate-level foreign nationals in specialty occupations for a specific period.

To be eligible, the worker must have certain skills and qualifications, as well as a job offer with a US employer.

The H-1B visa remains a highly attractive and over-subscribed US immigration route. For workers, the H-1B offers a route to access US-based opportunities and experiences, while for US employers, the H-1B program offers a valuable route to hire talented foreign-national professionals.

Due to the high level of demand, an annual cap is in place limiting the number of H-1B visas that can be issued each year. Under the cap system, there are only 85,000 H-1B visas available annually, of which 20,000 are reserved for those with a master’s degree. To administer the high volume of interest each year, USCIS operates a registration and lottery system to randomly select a limited number of registrants who can proceed to file a petition.

Given the high levels of competition, it can be challenging for employers to rely on the H-1B route within their talent programs and for employees looking for US-based work opportunities.

This makes it critical to ensure that you are following each stage of the process correctly and, if you are selected in the lottery, to ensure your submission is comprehensive.

If you’re a business sponsoring H-1B employees or a worker who has been selected in the lottery, NNU Immigration can help.

As dedicated US immigration attorneys, we are specialists in the H-1B program, with exceptional knowledge and insight into the visa application processes. We provide full support to employers and their non-US employees on the H-1B application process, including guidance on compiling all the necessary extensive supporting documentation.

In light of the H-1B cap, we also help employers and workers explore alternative visa options to meet their US immigration requirements.

 

Section A: Overview of the H-1B Visa

 

1. What is the H-1B Visa?

 

The H-1B visa is a nonimmigrant (temporary) classification for skilled overseas nationals to work in the United States in a specialty occupation for an authorized sponsor.

This is a sponsored visa category where a US-based employer will first need to file a petition on behalf of the beneficiary (ie the H-1B applicant) before the visa application can be made.

 

2. What is the H-1B Visa Cap?

 

The H-1B program is subject to a cap on the number of nonimmigrant visas that can be approved each fiscal year by US Citizenship and Immigration Services (USCIS).

Under the current H-1B visa cap, only 85,000 visas — comprising 65,000 for beneficiaries with bachelor’s degrees and 20,000 for those with Master’s degrees — are made available each fiscal year.

Up to 6,800 visas are also put aside from the 65,000 limit each year for H1B1 visas under legislation implementing the US-Chile and US-Singapore free trade agreements. Unused visas in this group will then be made available for H-1B use for next year’s regular H-1B cap.

Similarly, H-1B foreign workers who will be performing services in the Commonwealth of the Northern Mariana Islands and Guam may also be exempt, provided their prospective US employer files a petition on their behalf before the end of 2029.

Each year the demand for the H-1B visa typically exceeds the number of visas available under the cap system. The H-1B registration process is used to collate the details of those wishing to apply, and the H-1B lottery is then used to select registrants at random who can proceed with filing the full petition.

Read out detailed guide to the H-1B lottery here > 

 

3. H-1B Visa Cap Exemptions

 

Certain applications are exempt from the H-1B annual cap. These include:

 

a. Foreign nationals who have been counted toward the cap within the last six years (for example, a foreign national already working for a US company in H-1B status with time remaining in H-1B status).

 

b. Foreign nationals who will be employed in the US at an institution of higher education (HEI), or an affiliated non-profit entity, a non-profit research organization, or a government research organization.

Petitions falling within the cap exemption rules can bypass the lottery process and be filed by their sponsor at any time outside of the cap system deadlines, provided this is no earlier than 6 months before the job role is scheduled to begin.

To determine if a petitioner qualifies for the H-1B cap exemption as either an HEI or as a qualifying non-profit entity or research organization, the employer must be:

 

i. under the Higher Education Act of 1965, an accredited public or other non-profit institution licensed to provide post-secondary education to students, offering bachelor’s degrees or no less than 2-year courses with degree credit;

 

ii. under the Internal Revenue Code of 1986, categorized as tax-exempt and approved as a tax-exempt organization for research and/or educational purposes by the IRS, such as hospitals and medical research institutions;

 

iii. under the Code of Federal Regulations, primarily engaged in basic or applied research, such as in the (social) sciences or humanities, or is a federal, state or local entity whose primary mission is the performance and/or promotion of research.

Even where the H-1B employer does not meet the necessary cap exemption requirements, but the placement of the worker in a specialty occupation will be predominantly at the location of a cap exempt employer, a case can still be made for a cap-exempt H-1B visa.

However, the petitioning employer must establish a nexus between the duties that will be performed by the overseas worker and the purpose, mission, objectives and/or functions of the cap exempt employer. This could include, for example, a consulting firm looking to recruit a foreign candidate to perform qualifying specialty occupation services to be provided to an approved non-profit organization, such as a university’s medical research facility.

 

4. H-1B Visa Validity Period

 

H-1B visas are initially issued for a period of up to three years. They can be extended for a further three years, provided the worker remains eligible, up to the maximum total of six years for a single period of H-1B status.

Exceptions to the six-year cap include extensions available under certain conditions, such as pending labor certification or I-140 petitions (Green Card application).

Employers can now petition for H-1B visas with start dates up to 90 days before the beneficiary’s authorized stay expires. This is a change from the previous requirement for employment to commence on October 1 of the same fiscal year, offering greater flexibility in employment planning.

 

5. Benefits of the H-1B visa

 

The US remains a highly attractive destination for skilled and specialized workers from across the globe. The H-1B program is the primary route for such workers, offering many benefits for those able to secure a visa.

Working in the United States on an H-1B visa can open doors to a wide range of specialized job opportunities in fields such as technology, engineering, finance, healthcare, and more. Those with expertise in niche areas or with specific skill sets often find lucrative job offers in the US market, which may not be readily available in their home countries.

US employers also typically offer competitive compensation packages and benefits to attract and retain skilled H-1B visa holders. Working in the US can also provide valuable cultural exchange and networking opportunities, with opportunities to collaborate with colleagues from diverse backgrounds, exchange ideas, and build professional connections that can benefit their careers in the long term.

A key benefit of the H-1B program is that H-1B visa holders can be joined in the US by their spouses and dependant children under the age of 21. To do so, they have to apply for an H-4 visa, which will allow them to reside with you as the primary visa holder in the US. With an H-4 visa, family members can work, study, obtain a driver’s license and open a bank account. This means that the opportunities for professional and personal development are open to both H-1B workers and their families.

For many foreign workers, the H-1B visa also serves as the stepping stone towards obtaining permanent residency (Green Card) in the United States.

 

Section B: H-1B Visa Eligibility Requirements

 

To be eligible for the H-1B visa, applicants must show that they meet the education requirement, specialized occupation requirement and the employer/sponsorship requirement.

 

1. H-1B Visa Educational Requirement

 

To qualify for an H-1B visa, foreign workers must meet one of the following:

 

a. Have a bachelor’s or higher degree required by the specialty occupation from an accredited US college or university;

 

b. Have a foreign degree determined to be equivalent to a US bachelor’s or higher degree required by the specialty occupation from an accredited college or university;

 

c. Have an unrestricted state license, registration or certification which authorizes you to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment; or

 

d. Have education, specialized training, and/or progressively responsible experience that is equivalent to completion of a US bachelor’s or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.

 

In effect, USCIS requires H-1B applicants to have at least a bachelor’s degree or its equivalent. This means that the applicant must have completed a minimum of four years of higher education or possess a degree from an accredited institution that is equivalent to a US bachelor’s degree.

In some cases, individuals without a bachelor’s degree may still be eligible for an H-1B visa if they have extensive work experience or specialized training that is equivalent to the educational requirements. USCIS will required documented evidence to demonstrate the equivalence of the applicant’s education or experience.

 

2. Specialty Occupation Requirement

 

The H-1B visa is specifically designed for individuals working in “specialty occupations,” which are roles that require specialized knowledge and expertise in a particular field.

To qualify as a specialty occupation, the position must meet one of the following criteria:

 

a. A bachelor’s or higher degree, or its equivalent, is normally the minimum requirement for entry into the particular position;

 

b. The degree requirement for the position is common to the industry, or the particular position is so complex or unique that it can be performed only by an individual with a degree;

 

c. The employer normally requires a degree or its equivalent for the position; or

 

d. The nature of the specific duties is so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.

 

The same eligibility requirements apply to job roles in the United States with H-1B cap exempt employers as for cap subject employers.

Examples of specialty occupations eligible for an H-1B visa include IT professionals, engineers, lawyers, marketing specialists, healthcare professionals and scientists and researchers.

While the H-1B is popular within industries such as tech, engineering and finance, it is open for roles across all areas of the economy, provided the eligibility criteria are met. We can advise on which occupations are H-1B eligible, and have specific experience with new and emerging roles which are not yet established as ‘specialty occupations’.

Read our full guide to H-1B specialty occupations here >

 

3. Employer Sponsorship

 

When hiring workers under the H-1B visa, US employers are required to comply with certain obligations as the worker’s sponsor.

The job role on offer must meet the eligibility requirements for an H-1B visa. This means that the role, as a minimum for entry, must require the theoretical and practical application of highly specialized knowledge to fully perform the chosen occupation, together with at least a bachelor’s degree or its equivalent in the particular occupation.

For the first stage of the application process, the employer (referred to as the ‘petitioner’) completes the registration process on behalf of the worker (the ‘beneficiary’) and pays the registration fee.

Prior to petitioning for an H-1B visa, the employer must first obtain a certification of a Labor Condition Application (LCA) from the US Department of Labor (DOL). This requires the employer to attest to certain labor requirements, including paying the H-1B worker no less than the wage paid to a similarly qualified domestic worker or, if greater, the prevailing wage for the position in the geographic area in which the H-1B worker will be working.

The minimum salary for H-1B visas will primarily be determined by the prevailing wage for the occupation in the specific region where the job is located. The DOL sets these prevailing wage rates, which vary depending on the job, its location and the level of expertise required.

The general minimum wage threshold for H-1B workers is set at a prevailing wage of $60,000 annually, but if the actual wage for the specific job in the area of employment is higher than this threshold, the H-1B worker must be paid at least that higher amount.

The employer is also responsible for filing Form I-129 on behalf of the worker, which includes details about the employer’s organization, the job on offer and the worker’s experience and qualifications.

Before the petition can be adjudicated, the employer is also responsible for paying the required filing fees and providing supporting documentation, such as educational credentials, employment contracts, and any other relevant paperwork requested by the USCIS.

Once the H-1B petition is approved and the foreign worker begins employment in the United States, the employer must comply with all applicable regulations governing H-1B visa holders, including maintaining accurate records, adhering to the terms and conditions specified in the LCA, and notifying the USCIS of any material changes in the employment relationship.

 

Section C: How to Apply for an H-1B Visa

 

1. Step-by-Step Guide to the H-1B Application Process

 

Applying for an H-1B visa generally involves the following steps:

 

Step 1: Employer (sponsor) registers electronically for each H-1B visa applicant.

 

Step 2: Employer (sponsor) files a Labor Condition Application (LCA) with the US Department of Labor (DOL).

 

Step 3: If the registration is selected, the H-1B cap-subject petition is filed.

 

Step 4: H-1B applicant attends a visa interview at a US consular post abroad.

 

Step 1: Electronic Registration

 

The first stage of making a cap-subject H1-B visa application is the electronic registration process.

This requires the H-1B employer to register with USCIS and pay a registration fee for each H-1B applicant (‘beneficiary’) it intends to sponsor. This registration fee is $10 in 2024, but is increasing to $215 per beneficiary effective from the registration window in March 2025.

Under this registration process, the employer provides basic information about both the petitioner and each requested foreign worker. Under new rules introduced in early 2024, the revised lottery system assigns each registered beneficiary one unique identification number, preventing duplicate registrations and ensuring all individuals have an equal chance of selection. This is because employers can only submit one registration per worker per fiscal year.

The registration period is open for a limited period each year, usually in March. The dates are subject to change, so it is important to check the latest information on the USCIS website to ensure you do not miss the window.

Registrations can be made at any time during this specified period, and once the window is closed, registrations will be selected at random and not first-come, first-served basis.

If the number of registrations received during the registration window exceeds the number of visas available, a lottery round will be held to randomly select the requisite number of registrants.

Prior to the general lottery, a separate lottery is conducted for petitions filed under the advanced degree exemption (Master’s cap). Petitions not selected in the Master’s cap lottery are then included in the general lottery.

Only employers with selected registrations can go on to file the H-1B petition using Form I-129 (Petition for Nonimmigrant Worker).

USCIS will notify registrants and their representatives with selected registrations via their USCIS online accounts.

The petitioner will be given a designated 90-day filing window on their Registration Selection Notice.

Registrants and representatives who are not selected will not be notified until after USCIS has determined that they have reached the H-1B cap for that fiscal year.

 

Step 2: Labor Condition Application (LCA)

 

While the results of the lottery selection are pending, and before an H-1B visa petition can be filed, the employer must first file a Labor Condition Application (LCA) for certification by the DOL, which attests:

 

a. It will pay the worker at least the same wage paid to similarly qualified workers in the geographic area where they will be working.

 

b. The working conditions of similarly employed workers will not be adversely affected by the worker’s employment, and they will be afforded working conditions on the same basis and in accordance with the same criteria as offered to US workers.

 

c. There is no strike, lockout, or work stoppage in the occupation at the prospective place of employment, and if one occurs after the LCA is submitted, the Employment & Training Administration (ETA) will be notified, and the LCA will not be used until the strike, lockout, or work stoppage has ceased. And,

 

d. Notice of the LCA has been or will be provided to workers employed in the same occupation, and the worker will be provided a copy of the LCA.

 

LCAs are typically submitted to the DOL electronically and are reviewed within seven working days.

Only once the LCA petition has been approved can the H-1B visa application be made if invited to do so following the lottery selection.

 

Step 3: File Form I-129

 

Once the LCA is certified by the DOL, the employer can proceed to file Form I-129, Petition for a Nonimmigrant Worker, with the United States Citizenship and Immigration Services (USCIS).

However, under the H-1B registration process, a cap-subject petition will not be classed as properly filed unless it is based on a valid and selected registration for the named beneficiary and the appropriate fiscal year. As such, only those invited to file their Form I-129 will be adjudicated.

Form I-129 requires detailed information about the employer, the position being offered, and the qualifications of the foreign worker.

The employer submits Form I-129 to the USCIS along with supporting documentation, including the certified LCA and any other required evidence, such as educational credentials, employment contracts, and letters of support.

The employer must also pay the required filing fee.

If insufficient numbers of visas are issued, further selections will be made by USCIS in around July of the same fiscal year to meet the annual cap.

Upon receipt of Form I-129, the USCIS issues a receipt notice to the employer, acknowledging the submission of the petition.

USCIS adjudicators then review the petition, verifying the information provided and ensuring compliance with immigration laws and regulations. If additional information or documentation is required to complete the adjudication process, the USCIS may issue an RFE to the employer, specifying the requested evidence and a deadline for response. Such requests vary in length depending on the extent of information and documentation requested.

Upon receipt of the requested information and documentation, USCIS will resume processing of the petition.

Once the USCIS completes its review, it issues a decision on the petition, either approving or denying the H-1B visa application.

Importantly, approval of an H-1B petition does not guarantee a visa; the worker must still file form DS-160 and attend a visa interview.

 

Step 4: Visa Interview

 

Once the H-1B petition has been approved, the worker can apply via the US Department of State at their nearest US Embassy or Consulate using Form DS-160 (Online Nonimmigrant Visa Application) and arrange a visa interview.

Interview procedures vary widely among consular posts, so it is important that the instructions provided are followed.

During the interview, a consular officer will ask you questions about the information provided in your application. They are looking to determine whether you meet the H-1B criteria, including that you genuinely intend to perform the specialty occupation and that you are otherwise eligible.

Read more about the H-1B Visa interview here >

You will usually be notified of the adjudication decision at the interview. Provided the application is approved, the consular officer will retain your passport for visa stamping.

 

2. How Much Does the H-1B Visa Cost?

 

The H-1B visa fees include:

 

a. Electronic registration fee: $215 from March 2025

 

b. Basic filing fee of I-129 form: $780 for larger companies, or $460 for small employers and non-profits

 

c. ACWIA fee (American Competitiveness and Workforce Improvement Act of 1998) of $750 for companies with 25 or fewer employees or $1,500 for companies with more than 25 employees

 

d. Fraud Prevention and Detection fee of $500

 

e. Public Law 114-113 fee of $4,000 where the company has more than 50 employees and over 50% of those are employed through an H1B or L1 visa.

 

f. Asylum Program Fee (Forms I-129 and Forms I-140): $600, or $300 for small employers, or no fee for non-profits.

 

Organizations that are exempt from paying the ACWIA fee include:

 

a. Non profit entity related to or affiliated with higher education institution

 

b. Non-profit research organization

 

c. Governmental research organization

 

d. Primary educational institution

 

e. Secondary educational institution

 

f. Non profit entity engaging in curriculum-related clinical training programs for students

 

It is also possible to pay for faster premium processing by filing Form I-907 (Request for Premium Processing Service) at the same time as filing Form I-129. For a $2,805 fee, USCIS guarantee that some adjudicative action will be taken on the case within a period of 15 calendar days or they will refund the premium processing fee and still continue with expedited processing.

The 15-day period will run from when UISCIS properly receives Form I-907 at the correct filing address on that form, together with the correct filing fee.

Premium processing does not afford special benefits to applicants; it simply expedites USCIS processing times.

 

 

Section D: H-1B Supporting Documents

 

The H-1B petition must include the following documentation as a minimum to demonstrate eligibility for the H-1B visa:

 

1. Educational Credentials

Copies of educational transcripts, diplomas, degrees, or certificates demonstrating that the applicant meets the educational requirements for the specialty occupation. If the documents are not in English, certified translations should be provided.

 

2. Employment Offer Letter

A formal employment offer letter from the sponsoring US employer outlining the terms and conditions of employment, including job title, duties, salary, benefits, and duration of employment.

 

3. Labor Condition Application (LCA)

A certified copy of the approved Labor Condition Application (LCA) from the Department of Labor (DOL) attesting that the employer will comply with certain labor conditions, including paying the prevailing wage for the position.

 

4. Form I-129, Petition for a Nonimmigrant Worker

A completed and signed Form I-129 submitted by the employer to the United States Citizenship and Immigration Services (USCIS) on behalf of the foreign worker.

 

5. Passport

A valid passport with an expiration date that extends at least six months beyond the intended period of stay in the United States.

 

6. Photographs

Passport-sized photographs meet the USCIS specifications for identity verification purposes.

 

7. Resume or Curriculum Vitae (CV)

A detailed resume or curriculum vitae (CV) outlining the applicant’s professional experience, skills, qualifications, and achievements.

 

8. Specialty Occupation Documentation

Additional documentation demonstrating that the position qualifies as a specialty occupation, such as job descriptions, industry certifications, professional licenses, or letters of recommendation from previous employers.

 

9. Work Experience Letters

Letters from previous employers verify the applicant’s work experience, job duties, and duration of employment, especially if the applicant is relying on work experience to meet the educational requirements.

 

10. Financial Documentation

Proof of the applicant’s ability to support themselves financially during their stay in the United States, such as bank statements, pay stubs, or evidence of sponsorship.

 

Section E: Visa Approval and Beyond

 

Securing your visa is a significant milestone, marking the start of a new chapter for you and your family. Among the excitement, it will be important to understand your obligations as an H-1B visa holder, ensuring you comply with your visa conditions and US laws. Some of the key considerations include:

 

1. H-1B Visa Approved: What Next?

 

If your application is approved, US Citizenship and Immigration Services (USCIS) will issue Form I-797 Notice of Action, signifying the approval of the visa petition.

Your passport will also be taken from you at the end of your visa interview to be embossed with an H-1B visa stamp.

You should expect to receive your passport back within approximately one week of the interview, with the embossed H-1B visa stamp. Once received, you can then travel to the US under your H-1B status and remain there in line with the conditions of your visa.

Note, however, that while the H-1B visa allows you to travel to the US, admission must still be granted by US Customs and Border Protection officers. As such, it is advisable to carry with you proof of your authorization and reason for travel, such as the Form I-797, your visa, and a letter from your employer confirming your job details and sponsorship under the H-1B program.

 

2. Visa Conditions

 

The H-1B is strict in limiting your permissible work activity to employment consistent with the position described in the H-1B petition unless you file for concurrent employment or change your employer through the H-1B transfer process.

Under this process, your new employer must file a new petition, although you may start employment immediately after the new petition is filed.

Also, under the portability provisions, H-1B visa holders can work for multiple employers, provided each employer files an H-1B petition for concurrent employment.

If your H-1B employment is terminated, you would typically have a 60-day grace period to find a new employer, change status, or depart the US.

Read our guide to your visa options after losing your H-1B job >

 

3. Employment Rights

 

While in the US, you benefit from certain employment rights and entitlements.

For example, H-1B workers are entitled to the prevailing wage for their occupation and location as determined by the US Department of Labor.

Employers must also offer you benefits and working conditions on par with US workers.

 

4. Extending H-1B Status

 

As a nonimmigrant (temporary) visa, the H-1B is typically granted for an initial period of up to 3 years, although both cap-subject and cap-exempt employers may file a petition to extend the visa-holder’s stay, typically up to a maximum of 6 years.

A pilot scheme is also being run in 2024 to assess the viability of in-country H-1B renewals.

To remain in the US longer than six years, H-1B visa holders may become eligible for a Green Card and file for an adjustment of status to permanent residency.

 

5. Path to Permanent Residency

 

The H-1B visa is also a dual-intent visa, where visa-holders may be eligible for lawful permanent residency by applying for a green card.

H-1B holders commonly apply for a green card through the Employment-Based Second Preference (EB-2) or Third Preference (EB-3) categories.

This means an immigrant petition would need to be filed on behalf of the H-1B visa-holder by their employer, and the employer would need to obtain a PERM Labor Certification, proving no qualified US workers are available for the role. After obtaining PERM, the employer files Form I-140 (Immigrant Petition for Alien Worker).

The path from H-1B visa to Green Card can be both a costly and lengthy process, where advice from an immigration attorney should be sought.

Read more about applying for a Green Card with an H-1B visa >

 

Section F: Tips for H-1B Visa Applicants

 

If you are lucky enough to be selected to file an H-1B petition, follow these tips to improve your chances of securing your visa:

 

1. Tips for Compiling H-1B Documents

 

Issues or errors with your supporting documentation can result in unwanted delays in the application processing and can lead to an RFE being issued, requiring additional documents and information to be provided. Avoid issues with your documentation by:

 

a. Starting Early

Begin gathering the required documents well in advance of the H-1B visa application deadline to ensure ample time for preparation and review.

 

b. Organizing Documents

Create a comprehensive checklist of required documents and organize them systematically in a folder or binder to facilitate easy access and reference during the application process.

 

c. Ensuring Accuracy

Double-check all documents for accuracy, completeness, and consistency of information to avoid delays or issues with the application.

 

d. Providing Clear Copies

Ensure that all documents submitted are clear, legible, and properly formatted, with no alterations or discrepancies.

 

e. Highlighting Relevant Information

Highlight key information, such as educational qualifications, job responsibilities, and achievements, to draw attention to the applicant’s qualifications and suitability for the H-1B visa.

 

f. Over-Evidencing

Supplement the application with additional supporting evidence, such as letters of recommendation, professional certifications, or awards, to strengthen your case and demonstrate your expertise and qualifications.

 

g. Following Instructions

Adhere to the specific instructions provided by the USCIS or the sponsoring employer regarding document formatting, submission requirements, and any additional documentation requested.

 

2. Interview Tips

 

The visa interview is designed to assess your eligibility and intentions for traveling to the United States. Prepare well to be able to answer the adjudicator’s questions.

 

a. Research the Visa Process

Familiarize yourself with the H-1B visa application process, including the required documentation and eligibility criteria. Understanding the process will help you feel more confident and prepared.

 

b. Review Your Application

Thoroughly review your H-1B visa application and supporting documents to ensure accuracy and consistency. Be prepared to provide additional information or clarify any details if asked during the interview.

 

c. Practice Common Questions

Anticipate and practice responses to common interview questions, such as:

 

1. What is the purpose of your trip to the United States?

2. Can you describe your job duties and qualifications?

3. How long do you plan to stay in the United States?

4. Do you have any family or relatives in the United States?

5. What are your ties to your home country?

 

d. Be Honest and Transparent

Answer questions truthfully and directly, providing concise yet informative responses. Avoid providing misleading or inaccurate information, as this can lead to visa denial.

 

e. Stay Calm and Confident

Maintain a calm and composed demeanor during the interview, even if you feel nervous. Speak clearly and confidently, and avoid rambling or providing excessive details in your responses.

 

f. Be Respectful
Show respect towards the consular officer and follow their instructions courteously. Avoid arguing or becoming defensive if asked challenging questions.

 

g. Professional Attire

Dress in professional attire suitable for a formal interview, such as business attire or a conservative suit. Choose clothing that is clean, neat, and well-fitted.

 

h. Positive Attitude

Approach the interview with a positive attitude and enthusiasm for the opportunity to work in the United States. Demonstrate your genuine interest in the job and your willingness to comply with immigration laws and regulations.

 

Section G: Common H-1B Myths Debunked

 

Myths about the H-1B visa can be unhelpful when looking at the complexities of the H-1B visa program and the contributions made by skilled professionals who come to the United States under this route. For individual applicants, it’s essential to rely on accurate information and avoid misconceptions when considering your US visa options and the eligibility requirements you’ll need to meet.

The following are some common myths about the H-1B, with the facts to dispel them:

 

Myth: H-1B visa holders take jobs away from American workers.

H-1B visas are designed to fill specialized roles in industries facing skill shortages. Employers must demonstrate that no qualified US workers are available for the position before hiring an H-1B visa holder. Additionally, H1-B visa holders contribute to the US economy by creating jobs, driving innovation, and fostering economic growth.

 

Myth: H-1B visa holders are paid less than American workers.

Employers are required to pay H-1B visa holders the prevailing wage for their occupation and geographic area, as determined by the Department of Labor (DOL). This ensures that H-1B visa holders are compensated fairly and do not undercut wages for American workers.

 

Myth: H-1B visa holders can easily transition to permanent residency (green card) status.

While some H-1B visa holders may eventually obtain permanent residency, the process can be complex and time-consuming. It requires labor certification, immigrant petition filing, and approval by USCIS, among other steps.

 

Myth: H-1B visas are primarily used by outsourcing companies to bring in low-cost foreign workers.

While outsourcing companies do utilize H-1B visas, they represent only a portion of H-1B visa holders. Many H-1B visas are awarded to skilled professionals in industries such as technology, healthcare, finance, and engineering who contribute to US innovation and competitiveness.

 

Myth: H-1B visa holders are not allowed to start their own businesses in the United States.

H-1B visa holders are permitted to start their own businesses in the United States, provided they maintain their status as temporary workers and do not engage in unauthorized employment. However, starting a business may impact their ability to renew their H-1B visa or transition to permanent residency.

 

Myth: H-1B visas are unlimited, and anyone can apply for them at any time.

H-1B visas are subject to an annual cap, and the demand often exceeds the available slots. Additionally, applicants must meet specific eligibility criteria and obtain employer sponsorship to qualify for an H-1B visa. The process is competitive and requires careful planning and preparation.

 

Section H: Summary

 

As the primary US immigration route for skilled foreign workers, the H-1B offers access to specialized job opportunities, career growth, personal development, competitive benefits, and remuneration, as well as potentially a pathway to permanent residency. However, the program continues to be oversubscribed, with registrations far exceeding the number of visas available each year.

If you are selected, you’ll need to go to every effort to ensure your application and supporting documents are comprehensive and correct, to give you the best chance of a successful outcome.

If you’re not selected, you may consider alternative visa options, depending on your circumstances.

 

Section I: Need Assistance with the H-1B Visa?

NNU Immigration are dedicated US immigration attorneys. We work with employers and workers, providing expert H-1B application guidance and support, from advice on sponsorship requirements and application forms to compiling supporting documentation to communicating with the relevant authorities.

We’re also experienced strategic advisers to employers on talent mobility optimization, which may include consideration of alternative immigration routes to the H-1B program.

For specialist US visa and immigration advice, contact us.

 

Section J: H-1B FAQs

 

What is an H-1B visa?

An H-1B visa is a nonimmigrant visa that allows US employers to temporarily employ foreign workers in specialty occupations that require specialized knowledge and expertise.

 

What are the eligibility criteria for an H-1B visa?

Eligibility criteria include having a job offer from a US employer in a specialty occupation, possessing the required educational qualifications or equivalent work experience, and obtaining employer sponsorship.

 

What is the process for obtaining an H-1B visa?

The process involves several steps, including employer sponsorship, initial electronic registration, lottery selection if the annual cap is exceeded, filing the Labor Condition Application (LCA), completing Form I-129, and USCIS processing.

 

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

Processing times vary depending on factors such as USCIS workload and whether the application is subject to the lottery system. It’s essential to monitor USCIS processing times and submit the application well in advance of the intended employment start date.

 

Is there an annual cap on H-1B visas?

Yes, there is an annual cap of 85,000 H-1B visas available, of which 65,000 are allocated for regular H-1B visas, and 20,000 are for advanced degree exemption (Master’s cap). When the cap is reached, a lottery system is used to randomly select petitions for processing.

However, certain jobs with specific types of non-profit employers may qualify as H-1B cap-exempt.

 

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

Yes, H-1B visa holders can change employers during their stay in the United States, provided that the new employer files a new H-1B petition on their behalf and obtains USCIS approval.

 

Can I bring my family members to the United States on an H-1B visa?

Yes, H-1B visa holders can bring their spouse and unmarried children under the age of 21 to the United States on H4 dependent visas. However, H4 visa holders are not eligible for employment authorization unless they qualify under certain limited circumstances.

 

Is it possible to transition from an H-1B visa to permanent residency (green card) status?

Yes, many H-1B visa holders pursue permanent residency through employer sponsorship or other immigration pathways. The process typically involves obtaining a labor certification, filing an immigrant petition, and applying for adjustment of status or consular processing.

 

Can I apply for an H-1B visa if I am already in the United States and have a different visa status?

In some cases, individuals in the United States on certain visa statuses may be eligible to change to H-1B status by filing a petition with the USCIS. However, eligibility requirements and procedures vary, and it’s essential to consult with an immigration attorney for guidance.

 

Section K: Glossary of H-1B Visa Terms

 

H-1B Visa: A nonimmigrant visa category in the United States that allows US employers to temporarily employ foreign workers in specialty occupations.

Specialty Occupation: A job that requires specialized knowledge and expertise in a particular field, typically requiring at least a bachelor’s degree or equivalent.

Employer Sponsorship: The process by which a US employer files a petition on behalf of a foreign worker seeking an H-1B visa.

Labor Condition Application (LCA): A form filed by the employer with the Department of Labor (DOL) attesting to certain labor conditions, including payment of prevailing wages and non-displacement of US workers.

Form I-129: Petition for a Nonimmigrant Worker, filed by the employer with the United States Citizenship and Immigration Services (USCIS) on behalf of the foreign worker.

USCIS: United States Citizenship and Immigration Services, the agency responsible for processing immigration petitions and applications within the Department of Homeland Security (DHS).

Lottery System: A random selection process used when the number of H-1B visa petitions received by the USCIS exceeds the annual cap.

Annual Cap: The numerical limit on the number of H-1B visas available each fiscal year, set by Congress.

Labor Certification (PERM): The process by which employers demonstrate that there are no qualified US workers available for a particular job opportunity, required for certain employment-based green card categories.

Adjustment of Status: The process of applying for permanent residency (green card) while physically present in the United States, typically through employer sponsorship or family-based immigration.

Consular Processing: The process of applying for an immigrant visa at a US consulate or embassy abroad, typically for individuals residing outside the United States.

Dependent Visa: A visa category allowing spouses and unmarried children under the age of 21 to accompany or join the primary visa holder in the United States.

Prevailing Wage: The average wage paid to similarly employed workers in a specific occupation and geographic area, determined by the Department of Labor (DOL) for purposes of the H-1B visa program.

Employment Authorization Document (EAD): A document issued by USCIS that allows certain nonimmigrants to work legally in the United States for a specific period.

Green Card: Also known as a Permanent Resident Card, which grants lawful indefinite residency status in the United States.

 

Section L: Additional Resources

 

United States Citizenship and Immigration Services (USCIS):
https://www.uscis.gov/
USCIS is the official government agency responsible for processing H-1B visa petitions and providing information on immigration policies and procedures.

 

Department of Labor (DOL):
https://www.dol.gov/
The DOL oversees the Labor Condition Application (LCA) process and sets prevailing wage standards for H1B visa holders.

 

American Immigration Lawyers Association (AILA)
https://www.aila.org/
AILA is a professional association of immigration lawyers that offers resources, advocacy, and legal education on immigration law, including H1B visas.

 

US Department of State – Visa Information
https://travel.state.gov/content/travel/en/us-visas.html
The US Department of State provides information on visa categories, application procedures, and embassy/consulate services for visa applicants.