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.
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.
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.
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 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.
| Feature | Cap‑Subject (Lottery) | Cap‑Exempt (No Lottery) |
| Cap limit | 65,000 + 20,000 (Master’s exemptions) | N/A |
| Employer eligible? | Most private-sector employers | Universities, nonprofit research, affiliated gov’t |
| Annual filing window | Apr-01 | Any time |
| Lottery | Mandatory (if required) | Not applicable |
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.
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:
Applicants typically need the following documents:
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.
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.
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: Get a U.S. Job Offer
Secure a bona fide full-time job offer from a U.S. employer in a specialty occupation.
Step 2: Employer Submits H‑1B Petition (Form I‑129) to USCIS
Your employer files Form I‑129 plus the Labor Condition Application (LCA).
Step 3: Wait for the Lottery (If Cap‑Subject)
For cap-subject petitions, USCIS runs a random lottery.
Step 4: Receive Approval Notice (Form I‑797)
If selected and approved, USCIS issues Form I‑797.
Step 5: Schedule Visa Interview at Canadian Consulate
Applicants in Canada (e.g., expats, students on visitor visas) book a consular appointment to process visa stamping.
Step 6: Visa Stamping & U.S. Entry
Attend the interview with required documentation. Upon approval, your H‑1B visa is stamped—you're then eligible to enter the U.S. with the H‑1B status.
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.
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.
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 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.
Understanding why H‑1B visa applications get rejected can help applicants avoid common pitfalls. Here are some of the most frequent reasons:
1. Insufficient Evidence of a Specialty Occupation
USCIS may deny the petition if the job role does not clearly qualify as a specialty occupation or lacks strong supporting documentation, such as detailed job duties aligned with the applicant’s academic background.
2. Employer’s Inability to Demonstrate Financial Capacity
If the sponsoring employer cannot prove they have the financial means or organizational infrastructure to support the position, the petition may be rejected. Strong financial documentation and company background are essential.
3. Incomplete or Inconsistent Documentation
Errors, missing documents, or inconsistencies between the petition, supporting evidence, and applicant credentials can lead to delays or outright denials. Accuracy and completeness are crucial at every step.
4. Unexplained Gaps or Red Flags in Work History
Unclear employment gaps, conflicting timelines, or unverifiable job roles can raise concerns during the review process. Providing a well-documented employment history can mitigate these risks.
5. Unsatisfactory Consular Interview Performance
Even after USCIS approval, the consular officer has the final say. Nervous responses, inconsistent answers, or a lack of preparation can impact the visa decision. Confidence, honesty, and preparation are key to a successful interview.
| Feature | TN Visa | H‑1B Visa |
| Eligibility | NAFTA professionals list | Specialty occupation + U.S. degree |
| Processing | At border or pre-clearance | USCIS petition + possible lottery |
| Duration | 3‑year terms, renewable | 3 years (max 6 under one petition) |
| Cap restrictions | None | Subject to annual cap |
| Work flexibility | Employee tied to employer | Employer and job specific |
| Spouse status | TD (no work authorization) | H‑4 (EAD eligible in some cases) |
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