💼 The H-1B visa is a popular nonimmigrant visa that allows U.S. employers to temporarily hire foreign workers in specialty occupations requiring specialized knowledge and a bachelor’s degree or higher.
This article covers H-1B eligibility, the application process, and how BorderlessLawyers helps you secure this valuable work authorization.
Who Qualifies for the H-1B Visa?
-
Job must be in a specialty occupation (e.g., IT, engineering, finance, healthcare)
-
Applicant must hold a bachelor’s degree or higher related to the job
-
Employer must file a Labor Condition Application (LCA) with the Department of Labor
-
The position must meet wage and work condition requirements
Application Process
1. Employer Submits Labor Condition Application (LCA)
-
Employer files LCA to attest to wage and working conditions
2. Employer Files Form I-129 Petition
-
Includes job offer details, employee qualifications, and supporting documents
3. USCIS Lottery Selection
-
Due to high demand, USCIS runs a lottery if petitions exceed the cap
4. Approval and Visa Stamping
-
Upon approval, applicant applies for visa stamp at U.S. consulate abroad or changes status within the U.S.
H-1B Cap and Timing
-
Annual cap: 85,000 visas (65,000 regular + 20,000 for U.S. advanced degree holders)
-
Filing season: Early April each year
-
Visa validity: Initial 3 years, renewable up to 6 years
Benefits of the H-1B Visa
-
Work legally in the U.S. for sponsoring employer
-
Bring spouse and children (H-4 visa holders)
-
Opportunity to apply for employment-based green card
How BorderlessLawyers Assists H-1B Applicants
-
Employer and employee eligibility assessment
-
Preparing and filing LCA and I-129 petitions
-
Navigating USCIS requests for evidence (RFEs)
-
Advising on H-4 visa and dependents
-
Green card strategy for long-term residency
FAQs
Q: Can I change employers on an H-1B visa?
Yes, but your new employer must file an H-1B transfer petition.
Q: What happens if I’m not selected in the lottery?
You can try again next year or explore other visa options.
Q: Can spouses work in the U.S.?
H-4 visa holders may be eligible for work authorization under certain conditions.
Start Your U.S. Career with Confidence
BorderlessLawyers guides skilled professionals and employers through the H-1B visa process—maximizing your chances for approval and future success.