Why apply for a US H-1B Visa?

The US H-1B visa is a highly sought-after non-immigrant visa that allows foreign professionals to work in the United States in specialty occupations. Applying for an H-1B visa opens doors to career advancement, higher salaries, and the possibility of permanent residency. It is especially valuable for individuals with specialized knowledge and a bachelor's degree or higher in their field. The visa enables employers in the US to hire foreign workers to fill critical skill gaps, supporting innovation and economic growth.
 

• The H-1B visa cap is 65,000, plus 20,000 for U.S. master's degree holders.
• Over 700,000 registrations are submitted annually; about 85,000 are selected.
• The registration fee is $215 per applicant, non-refundable.
• The visa is valid for up to 3 years, extendable to 6 years or more with a pending green card.
• The H-1B visa allows dual intent, enabling holders to apply for permanent residency while on H-1B status.
   

How does the H-1B Visa Work?

Step 1: Labour Condition Application (LCA) Submission
The US employer begins the process by submitting a Labour Condition Application (LCA) to the Department of Labour. This application certifies that the salary offered to the foreign worker meets or exceeds the prevailing wage for the specialty occupation and confirms that hiring the foreign worker will not adversely affect the wages or working conditions of US workers similarly employed.
 

Step 2: Petition Filing with USCIS
After the LCA is certified, the employer files an H-1B petition with the United States Citizenship and Immigration Services (USCIS). This petition includes supporting documentation such as the approved LCA, evidence of the beneficiary’s qualifications, and details about the job duties and salary.
 

Step 3: Visa Stamp or Change of Status
If USCIS approves the petition, the beneficiary can apply for an H-1B visa stamp at a US consulate or embassy abroad. Alternatively, if the beneficiary is already in the United States in a valid non-immigrant status, they may apply to change their status to H-1B without leaving the country. Once the visa stamp or change of status is granted, the beneficiary can begin employment with the sponsoring employer under H-1B status.
 

US H-1B Visa Details

The US H-1B visa allows skilled foreign professionals to work temporarily in the United States in specialty occupations that require highly specialized knowledge and a bachelor's degree or higher. It offers a pathway for career growth, higher earnings, and potential permanent residency.
 

• Enables work in specialty occupations requiring specialized knowledge.
• Allows legal employment in the US with proper visa and authorization.
• Supports pursuing permanent residency while on H-1B status.
• Permits spouses and children to accompany under H-4 visa.
• Offers premium processing for faster petition decisions.
   

What is H-1B Visa Lottery and How Does It Work?

Due to high demand, the number of H-1B registrations often exceeds the annual cap of 65,000 visas, plus an additional 20,000 for applicants with a US master's degree or higher. To manage this, USCIS uses an electronic registration process and conducts a random lottery to select beneficiaries for the cap-subject employment. Registrants submit basic information during the registration period, and selected applicants are eligible to file full petitions. In recent years, the lottery has seen over 700,000 registrations, with only around 85,000 selected.
 

Step-by-step process to apply for H-1B visa lottery

Step 1: The prospective employer creates a USCIS online account and submits registrations during the registration period.

Step 2: Each registration requires a non-refundable registration fee.

Step 3: USCIS conducts the lottery after the registration period closes.

Step 4: Selected registrants receive a notification and can file a complete H-1B petition with supporting documentation.

Step 5: USCIS adjudicates the petition and issues an approval notice if successful.

Step 6: The beneficiary applies for a visa stamp at a US consulate or adjusts status if eligible.
 

H-1B Visa Validity: How Long Does It Last?

The H-1B visa is initially granted for up to three years and can be extended for a maximum of six years. In some cases, extensions beyond six years are possible if the beneficiary has a pending green card application. The visa's validity period depends on the employer's petition and the beneficiary's intended employment.

You can follow the below steps to extend your H-1B visa:

Step 1: The employer files an H-1B extension petition (Form I-129) with USCIS before the current visa expires, including a new certified Labor Condition Application (LCA) and supporting documents.

Step 2: USCIS reviews the petition and issues an approval or requests additional information.

Step 3: Once approved, the beneficiary can continue working; if outside the US, they must obtain a new visa stamp before returning.
 

H-1B Visa: Are You Eligible?

To be eligible for a US H-1B visa, applicants must meet specific criteria related to their job offer, education, and employer requirements. The following eligibility criteria must be fulfilled:

• Have a job offer from a US employer for a specialty occupation requiring at least a bachelor's degree or equivalent.
• Possess the required educational degree or equivalent work experience in the specialized field.
• The employer must demonstrate a valid employer-employee relationship.
• Comply with wage requirements, including paying the prevailing wage or the employer's actual wage, whichever is higher.
   

Documents Required for US H-1B Visa

Applicants typically need the following documents:

• A valid passport
• Approved Labor Condition Application (LCA)
• Form I-129 petition approval notice
• Educational credentials (degree certificates and transcripts)
• Employment offer letter detailing job duties and salary
• Resume or CV
• Passport-sized photographs
• Visa application forms and fees
• Supporting documentation for specialty occupation and prevailing wage determination
   

Challenges of H-1B Visa Applicants and Sponsors

Both applicants and employers face significant challenges during the H-1B visa process, including navigating the competitive lottery system, meeting strict eligibility and documentation requirements, and managing complex filing procedures to avoid delays or denials.
 

For H-1B Visa Applicants:

• Applicants face uncertainty due to the lottery system, as not all registrations are selected.
• They must meet strict eligibility requirements to qualify for the visa.
• It is essential to submit all documentation accurately and on time.
• Processing delays of petitions can impact applicants' plans.
• Scheduling and attending visa stamping appointments may also face delays.
   

For H-1B Visa Sponsors (Employers):

• Navigating complex application procedures and ensuring all paperwork complies with USCIS requirements.
• Meeting labor certification and wage requirements, including paying the prevailing wage or the employer's actual wage, whichever is higher.
• Managing the risk of petition denials, audits, or requests for additional evidence from immigration authorities.
• Coordinating multiple registrations during the electronic registration period while avoiding duplicate submissions that could invalidate applications.
• Keeping up with changing regulations, fees, and deadlines to ensure timely and accurate petition filing.
   

When is the best time to apply for an H-1B Visa?

Timing is crucial when applying for an H-1B visa due to the highly competitive nature of the program and the strict annual cap on the number of visas issued. The USCIS typically opens the electronic registration period in early March, allowing prospective employers to submit registrations for their foreign worker beneficiaries. It is essential to prepare and submit registrations promptly during this window, as the registration period usually lasts only a few weeks and closes once the cap is reached or the deadline passes.
 

Employers seeking to sponsor an H-1B beneficiary should start the process well in advance to ensure all necessary documentation, such as the Labor Condition Application (LCA), is ready before the registration period begins. The earliest date to file a full H-1B petition for selected beneficiaries is generally April 1, corresponding to the upcoming fiscal year starting October 1. Filing petitions early within the allowed window can help avoid delays and maximize the chances of timely approval.
 

Given the lottery system used in the initial selection process, submitting registrations as early as possible during the registration period does not increase the chance of selection, as the lottery is random. However, missing the registration deadline means losing the opportunity to participate in that fiscal year's cap-subject H-1B process entirely.
 

Additionally, if a beneficiary is currently in the United States under a different nonimmigrant visa, timing the change of status to H-1B is vital to maintain continuous lawful employment authorization. Employers and applicants should coordinate to align the petition start date with the beneficiary's intended employment start date to comply with USCIS requirements.
 

Overall, understanding and adhering to the registration period, petition filing deadlines, and fiscal year timelines are key factors in successfully applying for a US H-1B visa.
 

How to get H-1B Visa from Canada?

Canadian nationals can apply for an H-1B visa at US consulates in Canada or through the online non-immigrant visa application process. They must have an approved petition from a US employer and attend a visa interview unless exempt.
 

You can follow the steps given below to get H-1B visa from Canada:
 

Step 1: Obtain a job offer and get the H-1B petition approved by USCIS.

Step 2: Complete the online visa application (Form DS-160) and pay the fees.

Step 3: Schedule and attend a visa interview at a US consulate in Canada.

Step 4: Receive your visa stamp after approval.

Step 5: Enter the US and start working under H-1B status.
 

H-1B visa fees

The H-1B visa application involves several fees, including a non-refundable registration fee of $215 per beneficiary. Additional fees may apply for petition filing, fraud prevention, and premium processing services, depending on the employer and petition type.

Fee Type	Amount
Registration Fee	$215
Base Petition Filing Fee	$460 - $780
Fraud Prevention Fee	$500
American Competitiveness Fee	$750 or $1,500
Premium Processing Fee	$2,500

 

Note: Fees are subject to change and may vary based on specific circumstances and employer status.
 

How long does it take to process the H-1B Visa once it is applied for?

The processing time for an H-1B visa petition can vary significantly depending on the USCIS service centre handling the case, the complexity of the petition, and whether the applicant opts for regular or premium processing.
 

Regular Processing:

Under regular processing, the adjudication of an H-1B petition typically takes between 3 to 6 months. This timeframe includes the initial review, background checks, and possible Requests for Evidence (RFEs) if USCIS requires additional documentation. Processing times can fluctuate based on the service centre workload and the specific details of the petition. Applicants should be prepared for potential delays and plan their employment start dates accordingly.
 

Premium Processing:

Premium processing is an optional service offered by USCIS for an additional fee, which guarantees that the petition will be adjudicated within 15 calendar days. This expedited service is ideal for employers and beneficiaries who require faster decisions to meet tight timelines or urgent employment needs. If USCIS issues an RFE during premium processing, the 15-day clock pauses until the petitioner submits a complete response, after which USCIS resumes the adjudication timeline. While premium processing accelerates the decision-making, it does not guarantee approval.
 

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