H-1B Visa
The H-1B visa is the most widely used work visa for foreign professionals seeking temporary employment in the United States. It is specifically designed for individuals in “specialty occupations” that require advanced knowledge and a minimum of a bachelor’s degree (or its equivalent) in a specific field.
Due to the annual cap on H-1B visas, there are two distinct types of H-1B petitions: cap-subject and cap-exempt.
Cap-Subject H1B Visa
A cap-subject H-1B (commonly referred to as a "cap H-1B") is subject to the annual 85,000 visa cap—65,000 for general applicants and 20,000 for individuals with a U.S. master's degree or higher. Due to high demand, USCIS uses a lottery system to select petitions for processing.
Registration for the lottery typically opens in early March, and those selected can submit their H-1B petitions between April 1 and June 30. If the petition is approved, foreign workers are eligible to begin employment in the U.S. under H-1B status starting October 1 or later.
Cap-Exempt H1B Visa
A cap-exempt H-1B is not subject to the annual visa cap or lottery system. This means employers can file cap-exempt petitions at any time throughout the year without worrying about the 85,000-visa limit. The processing time for cap-exempt petitions is often quicker compared to cap-subject petitions.
Eligible employers for cap-exempt H-1B petitions include:
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Institutions of Higher Education
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Nonprofit Organizations Affiliated with Higher Education
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Nonprofit Research Organizations
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Government Research Organizations
Who Qualifies for the H-1B Visa?
To qualify for the H-1B visa, both the foreign worker and the U.S. employer must meet specific requirements. Let’s break down the criteria for each:
Foreign Worker Qualifications
To qualify as a foreign worker, you must be offered a job in a specialty occupation that requires at least a U.S. bachelor’s degree or its equivalent. If your degree is from outside the United States, it will need to be evaluated to determine if it’s equivalent to a U.S. degree.
Additionally, you must have the necessary training or experience in the field related to the job. This could be demonstrated through your degree, specialized certifications, or work experience. If the job requires any specific licenses or certifications, such as for healthcare or engineering positions, you must meet those licensing requirements as well.
Employer Qualifications
The U.S. employer sponsoring the H-1B worker must offer a bona fide job that qualifies as a specialty occupation. This means the job must require specialized knowledge and a bachelor's degree (or its equivalent) in a specific field.
The employer must also agree to pay the prevailing wage for the position, which is the minimum salary required for that occupation in the job location, as determined by the Department of Labor.
Key Features of the H-1B Visa
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Employer Sponsorship: A U.S. employer must sponsor the applicant for a specialty occupation role.
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Validity: Initially granted for up to 3 years, with extensions possible up to 6 years.
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Beyond 6 Years: Extensions may be available if a green card process is underway (e.g., approved I-140).
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Dual Intent: H-1B allows applying for a green card while maintaining visa status.
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Family: Spouses and children under 21 may qualify for H-4 status; Spouse may apply for work authorization (EAD).
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Grace Period: usually 60-day or until the expiration of their I-94 (whichever is earlier) grace period after job loss to transfer, change status, or depart the U.S.
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H-1B Transfer: Workers can switch employers without restarting the H-1B lottery.
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Portability: Can begin work with a new employer as soon as the new petition is filed while maintaining H-1B status.
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Change of Status: Eligible to switch to another visa type (like B，F-1 or L-1) within the U.S.
🔍 Additional Resources
🔗 H-1B: Learn more about USCIS H-1B information.
🔗 H-1B Lottery: Learn more about the H-1B Lottery System.
🔗 H-1B Electronic Registration Process: Learn more about the Process here.
🔗 H-1B Organizational Accounts FAQs: Click here to learn more.
🔗 H-1B Individual Status: Click here to learn more about different scenarios in H-1B nonimmigrant status.
🔗 H-1B Cap-Gap: learn more about the bridging system for F1 student on OPT: Extension of Post-Completion OPT and F-1 Status for Eligible Students
🔗 Employment Authorization for H-4: Click here to learn more.
🔗 Case Status: Click here to check the status of your case online using your USCIS Receipt Number.
🕒 Processing Times: Click here to check current USCIS processing times.
📦 Address Changes: All non-immigrants and permanent residents are required to notify USCIS of any address change within 10 days of moving. Click here to create an account and submit your change of address online.
