Is your career ready for the next step in the U.S. job market?
The H-1B visa is one of the main pathways for qualified professionals who wish to work in the United States. It allows U.S. companies to hire foreign professionals for specialized roles, providing valuable experience in the American market and opportunities for career growth in a highly competitive and innovative environment.
If you work in technical, scientific, or strategic fields, the H-1B visa may represent the next step in your international career.
If you want to better understand this visa, fill out the form below and our team will get in touch.
Does the H-1B visa lead to a Green Card?
Not automatically. The H-1B is a temporary work visa, not a permanent residence visa. However, it can coexist with a Green Card process, making it a strategic option for many professionals.
Do I need to be in the U.S. to apply?
No. The petition can be approved for individuals already in the U.S. (via change of status) or outside the country (via consular processing).
Is there a cap on H-1B visas?
Yes. There are typically 65,000 regular visas annually, plus 20,000 additional visas for applicants with advanced degrees (master’s or higher) obtained in the U.S.
Can I change employers with an H-1B visa?
Yes, but not automatically. The new employer must file a new H-1B petition. However, you do not need to go through the lottery again.
Can my spouse work in the U.S.?
Not automatically. H-4 visa holders are not granted work authorization by default, but in certain cases, they may apply for it depending on eligibility.
How long does the H-1B visa last?
Typically, it is granted for up to 3 years initially, with extensions up to a total of 6 years. In some Green Card-related cases, further extensions may be possible.
Is it recommended to hire an immigration attorney?
In practice, yes. The process involves eligibility analysis, technical documentation, strict deadlines, and evolving regulations, including potential changes such as wage-based selection systems and additional scrutiny measures.
FAQ - Frequently Asked Questions
What is the H-1B visa?
The H-1B is a temporary work authorization designed for foreign professionals who will perform specialized occupations in the United States. These roles typically require a specific bachelor’s degree or equivalent technical expertise in a given field.
The petition is filed by a U.S. employer, who acts as the sponsor. The visa can initially be granted for up to three years, with the possibility of extension for another three years, typically totaling up to six years of stay.
Who can apply?
The H-1B petition is submitted by a U.S. employer that intends to hire a foreign professional for a specialized role. Therefore, a valid job offer from a U.S. company is required to initiate the process.
This type of visa is commonly used by companies seeking qualified professionals in areas such as:
Information Technology
Engineering
Physical and Natural Sciences
Finance and Accounting
Healthcare
Architecture
Scientific Research
Specialized Education
Who is eligible for the H-1B?
To qualify for the H-1B visa, professionals generally must meet the following requirements:
Hold a bachelor’s degree or higher, or equivalent professional experience in the field
Work in an occupation considered “specialty” under U.S. law
Receive a formal job offer from a U.S. employer
Be offered a salary that meets market standards and Department of Labor requirements
Comply with the Labor Condition Application (LCA) process
H-1B visa process steps
1. H-1B lottery registration
The employer submits an electronic registration through the USCIS system during the registration period, typically held in March and open for about two weeks.
2. Lottery selection
If registrations exceed the annual visa cap (which they typically do), a random electronic lottery is conducted to determine which applicants can proceed.
3. Petition filing
If selected, the employer must submit the full petition to USCIS, including documentation proving the candidate’s qualifications, job details, and wage compliance.
4. USCIS review
USCIS reviews the petition and may approve it or request additional evidence (RFE – Request for Evidence).
5. Approval
Change of status (inside the U.S.)
If the professional is already legally in the United States under another valid status, they may change status to H-1B without leaving the country.
Consular processing (outside the U.S.)
If the professional is outside the United States, they must schedule an interview at a U.S. consulate or embassy to obtain the visa before entering the country.
Recent rules may impose an additional fee of $100,000 to be paid by the employer in certain cases involving overseas hires.
Benefits and considerations
Benefits
Legal authorization to work in the United States
International career development
Can be pursued alongside a Green Card process
Possibility of employer sponsorship for permanent residence
Inclusion of spouse and children under 21
Considerations
Subject to an annual cap and lottery selection
Tied to the sponsoring employer (job changes require a new petition)
Strategic planning is essential to maximize approval chances