The H1B visa is a popular non-immigrant work visa that allows US companies to temporarily employ foreign workers in specialty occupations. With an annual cap of only 85,000 visas, landing one of the coveted H1B visas can be quite competitive.
In this guide, we’ll cover h1b visa requirements and walk through the h1b visa process step-by-step to help you understand who can qualify for the H1B visa lottery.
What is the H1B Visa?
We are here to let you know everything you need to know about H1B work visas in the USA.
The H1B visa program allows US employers to hire highly skilled foreign professionals to work in “specialty occupations” that normally require a bachelor’s degree or higher.
Some examples include:
- IT and computer-related fields
- Engineering
- Mathematics
- Architecture
- Sciences
- Medicine and healthcare
- Education
- Business specialties
- Accounting
- Law
So in essence, the H1B is a non-immigrant work visa that enables US companies to temporarily employ foreign talent to fill skill gaps.
H1B visa holders can work and reside in the US for up to 6 years (with possible extensions). It’s one of the few visa types that can also lead to permanent residency and citizenship.
H1B Visa Cap and Lottery System
Here’s the catch though – there’s an annual limit of only 85,000 H1B visas granted each fiscal year.
- 65,000 visas for foreign professionals with at least a bachelor’s degree
- 20,000 visas for those with advanced degrees (master’s, PhD, etc.) from US universities
This visa cap applies to both new H1B applicants and visa renewals.
As you can imagine, demand far exceeds the supply. Most years, USCIS receives nearly 3 times more H1B applications than there are visas available.
So how does USCIS determine who gets one of the coveted H1B visas?
Through a randomized computer lottery system.
To learn insider tips for increasing your odds in the H1B lottery, join our exclusive webinar. Our immigration experts will cover little-known strategies used by HR departments to boost lottery success rates.
This means even if you meet all h1b visa requirements, there’s no guarantee you’ll have your H1B petition approved.
Below we’ll break down the eligibility criteria and h1b visa application process so you understand what it takes to qualify for the lottery.
H1B Visa Requirements – Who is Eligible?
To be eligible for the H1B program, you must meet certain requirements related to:
- Your employer
- Your job
- Your qualifications
Let’s look at each of these key criteria.
H1B Employer Requirements
First, you can only obtain an H1B visa through an eligible US employer. They must:
- Be a US company, university, nonprofit, or government organization
- Have an Employee Identification Number (EIN)
- Offer you a specialty occupation job
- Agree to pay you the prevailing wage
Essentially, your employer does all the heavy lifting in the H1B application process.
You cannot self-petition for an H1B – an employer must sponsor you.
H1B Job Requirements
Now let’s talk about the position itself.
To qualify for an H1B visa, your job must meet the following criteria:
- Classify as a “specialty occupation”
- Normally require a minimum bachelor’s degree or higher
- Have detailed job duties listed in the Labor Condition Application
Some examples of specialty occupations include computer programmers, engineers, architects, doctors, professors, etc.
Keep in mind that just because you have a bachelor’s degree does NOT necessarily qualify the job for H1B status.
The job itself must have specialty occupation characteristics.
H1B Visa Applicant Requirements
Lastly, as a foreign worker, you must possess certain credentials to be sponsored for an H1B visa:
- Have the necessary bachelor’s degree or higher required for the profession
- Hold all licenses or certifications required for the specialty occupation
- Demonstrate relevant work experience in that field of study
- Intend to work for the sponsoring employer in the US
So in summary, the employer, job, AND applicant must meet specific eligibility criteria for a successful H1B application.
Unsure if you meet all the qualifications? Get a free assessment from one of our licensed immigration experts on your H1B eligibility by signing up here.
Next, let’s walk through what the actual h1b visa application process entails.
H1B Visa Application Process Step-by-Step
Applying for an H1B visa is a lengthy process with strict deadlines. Here is an overview of what to expect:
1. Find an H1B Sponsoring Employer
First, you’ll need to connect with employers willing to sponsor foreign talent. The job must match your degree/ background and classify as a specialty occupation.
Common ways to find H1B employers include:
- Job portals like LinkedIn, Indeed, etc.
- Staffing and recruitment agencies
- Professional associations
- Events and conferences
- Academic networks like university career centers
Timing wise – H1B applications open every April 1st for the next fiscal year beginning October 1st.
So you’ll want to secure an eligible job and H1B sponsorship 4-8 months in advance.
2. Prepare H1B Paperwork
Once you’ve found an employer match, they will handle the visa petition paperwork including:
- Labor Condition Application
- I-129 Petition for Nonimmigrant Worker
- H Classification Supplement
- H1B Data Collection and Filing Fee Exemption Supplement (if applicable)
As the beneficiary, you simply provide supporting docs like:
- Proof of specialty occupation qualifications
- Official academic transcripts
- Licenses
- Resume and employment letters
Make sure all paperwork and documents required for h1b visa are completed accurately by the deadline.
3. Submit H1B Registration
Beginning in March 2020, USCIS now requires a mandatory H1B pre-registration step.
All employers must register you in the lottery within the designated 2-week window.
Failure to complete registration means you miss your shot.
Assuming registration is smooth, USCIS then randomly selects candidates for the 85,000 visa slots.
4. Await H1B Lottery Results
Lottery results come out within a few weeks. However, final petition approvals can take 6+ months.
If selected, your employer can proceed with the full application. If not, better luck next year!
You can check your status on the USCIS website using receipt numbers.
5. Begin H1B Employment
Upon approval, your H1B visa status remains valid for up to 3 years initially.
Most employers will cover the legal fees and filing costs associated with sponsoring your H1B.
Once in the US, follow the terms of your approved petition to maintain status.
Get free payscale reports customized to your skill set, experience level, and specialty occupation when you RSVP here.
So in summary, securing an H1B visa takes considerable preparation, employer sponsorship, supporting documents, lottery luck, and patience throughout months of processing.
But the incredible opportunities of working in America make it worthwhile for over 200,000 candidates each year.
Next, let’s briefly touch on some common questions surrounding H1Bs.
FAQ – H1B Visa Questions
Here are quick answers to some frequently asked questions about the H1B work visa program:
1. Can I apply for an H1B visa on my own without an employer sponsor?
No, an eligible US company must petition for your H1B visa. You cannot self-sponsor.
2. When should I start preparing my H1B application?
You’ll want to get your paperwork in order 4-8 months before the April 1st registration deadline each year.
3. How long can I stay on an H1B visa?
Initial H1B visas allow up to 6 years maximum. Under certain conditions, you may qualify for extensions beyond the 6-year limit.
4. Can my family join me on an H1B visa?
Yes! The H1B visa status allows your spouse and unmarried children under 21 to accompany you as H4 dependents. The H4 visa allows dependents to study but not work.
5. What are my chances of “winning” in the visa lottery?
Approximately 30-50% of H1B registrations are selected, though employers can boost lottery odds with advanced strategies. Check with your company’s immigration lawyer.
6. Can I adjust my status from an H1B visa to a green card?
Yes, H1B is a dual intent visa, meaning it can lead to permanent residency and US citizenship long-term through Employer Sponsorship.
Want to learn exactly how to maximize your chances of securing one of the coveted H1B visas? Get insider tips from immigration experts by signing up for our exclusive webinar here.
Ready to Navigate the H1B Process?
As you can see, qualifying for an H1B visa through the lottery system involves multiple technical steps.
Navigating the paperwork, deadlines, and ever-changing USCIS rules on your own can be extremely challenging.
That’s why working with an experienced immigration attorney is so valuable.
They can expertly guide you through every stage of the process…
From finding eligible H1B employers, preparing flawless paperwork, boosting lottery odds, aligning timing with deadlines, and smoothly adjusting status once approved.
Don’t leave your application to chance.
At Cognobits Immigration Services, we offer complimentary consultations to assess your immigration situation. Our dedicated experts handle cases for Fortune 500 companies and thousands of employees worldwide.
We know firsthand the life-changing opportunities that work visas can unlock for ambitious individuals and top talent like yourself.
So if you have questions or need guidance on pursuing an H1B, don’t hesitate to get in touch. Schedule your free consultation today!
