The primary work visa for foreign professionals in tech, engineering, finance, science, and other specialty fields.
The H-1B visa is the most common employment-based nonimmigrant visa in the U.S. It allows U.S. employers to temporarily employ foreign workers in specialty occupations — positions that normally require at least a bachelor's degree in a specific professional field.
H-1B is subject to an annual numerical cap and a computer lottery when registrations exceed available numbers. Common fields include:
Cap-subject H-1B petitions follow a strict annual calendar. The process begins months before the intended start date.
The employer submits the LCA through the DOL FLAG system, attesting they will pay the prevailing wage and maintain proper working conditions. Certification takes 7–10 business days. The LCA must be certified before filing Form I-129.
For cap-subject cases, the employer registers the worker electronically through the USCIS online system during the March 1–18 annual window. The registration fee is $215 per beneficiary. No full petition is filed yet.
When registrations exceed 85,000, USCIS conducts a computerized random selection. Employers are notified of selected registrants via their USCIS online accounts by late March/early April. Only selected registrants may proceed to filing.
Selected employers file Form I-129 (Petition for Nonimmigrant Worker) with supporting documentation — degree certificates, expert letters, specialty occupation evidence, LCA, and prevailing wage determination. The petition window opens April 1.
USCIS reviews the petition. Standard processing: 3–6 months. Premium Processing ($2,805) guarantees a decision within 15 business days. USCIS may issue a Request for Evidence (RFE) requiring additional documentation.
If outside the U.S., the worker applies for an H-1B visa stamp at a U.S. consulate. If already in valid U.S. status (e.g., F-1, L-1), the I-129 can include a Change of Status request — no consular interview required.
Cap-subject workers can begin H-1B employment on October 1 (start of the federal fiscal year) or the date specified on the approval notice. Cap-exempt workers can begin work immediately after approval.
| Stage | Duration | Notes |
|---|---|---|
| LCA filing (DOL) | 7–10 business days | Must be certified before I-129 |
| Electronic registration window | March 1–18 (annual) | $215 per registrant |
| Lottery results | Late March / April | Via USCIS online account |
| I-129 petition filing window | April 1 – Sept 30 | Selected registrations only |
| Standard USCIS processing | 3–6 months | Varies by service center |
| Premium processing | 15 business days | Additional $2,805 fee |
| Consular visa appointment | 1–8 weeks (varies) | By country and U.S. consulate |
| Earliest cap-subject start | October 1 | New federal fiscal year |
Most fees are paid by the employer. Passing certain fees to the employee may violate DOL rules.
| Fee | Small Employer ≤ 25 FTE workers | Large Employer > 25 FTE workers |
|---|---|---|
| Form I-129 base fee | $730 | $1,110 |
| ACWIA workforce training fee | $750 | $1,500 |
| Fraud prevention & detection | $500 | $500 |
| Asylum program fee | $300 | $600 |
| Electronic registration fee | $215 per beneficiary | |
| Premium processing (optional) | $2,805 — 15 business day guarantee | |
| DS-160 + consular visa fee (employee) | $205 | |
| Approximate total (large employer, no premium) | ~$3,925 + attorney fees | |
H-1B is a dual intent visa — you can pursue a Green Card while in H-1B status without jeopardizing your nonimmigrant status. The two most common employer-sponsored paths:
For master's degree holders or those with exceptional ability. Requires PERM labor certification + I-140. EB-2 NIW allows self-petition without PERM or employer sponsorship.
EB-2 Guide →For bachelor's degree professionals and skilled workers. Requires PERM labor certification and employer sponsorship via I-140. Wait times vary significantly by country of birth.
EB-3 Guide →You can extend H-1B status beyond the 6-year maximum if: (1) an I-140 is approved — 1-year extensions; (2) a PERM was filed 365+ days ago — 1-year extensions; (3) I-140 approved + priority date not current — 3-year extensions.
Under AC21, if your I-140 is approved and your Adjustment of Status has been pending for 180+ days, you can transfer to a new employer in a "same or similar" occupation without losing your priority date.
H-1B petitions require precise specialty occupation arguments, prevailing wage compliance, and strong supporting evidence. A qualified attorney helps you avoid RFEs and maximize approval odds.
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