H-1B Visa: From Application to Approval

The H-1B is a nonimmigrant work visa for professionals in specialty occupations that require at least a bachelor's degree.

Key Requirements

• Specialty occupation — the position must require specialized education
• Education — minimum bachelor's degree (or equivalent experience)
• Employer sponsor — the employer files the petition on your behalf
• Prevailing wage — salary must meet the prevailing wage level for the role

The annual cap is 65,000 visas + 20,000 for holders of a U.S. master's degree or higher.

Due to high demand, USCIS conducts an annual H-1B lottery.

Steps

1. March — the employer submits an electronic registration ($215)
2. Late March — USCIS conducts a random selection (the lottery)
3. April–June — selected registrants file the full I-129 petition
4. October 1 — visa validity begins (start of the new fiscal year)

Lottery Exemptions

Universities, nonprofit research organizations, and government research institutions are exempt from the cap — they may file year-round.

After the petition is approved, the process depends on where you are located.

If You Are in the United States

A change of status occurs automatically on October 1. You do not need to leave the country, but a consular visit will be required if you need a visa stamp in your passport.

If You Are Abroad

You must attend a visa interview at a U.S. embassy or consulate. Bring your I-797 approval notice, passport, photo, and documentation of your education and work experience.

Validity and Extension

• Initial period — 3 years
• Extension — an additional 3 years (6-year maximum)
• Beyond 6 years — further extensions are available if an I-140 petition or PERM labor certification has been approved

The H-1B is tied to a specific employer, but a transfer is possible.

H-1B Transfer

The new employer files a new I-129 petition. You may begin working for the new employer as soon as the petition is filed (without waiting for approval), provided you have the receipt notice.

Upon Termination

• You have a 60-day grace period to find a new sponsor, change status, or depart the country
• The employer is required to offer to pay for your return transportation costs
• Consider your options: H-1B transfer, change of status to B-1/B-2, or filing for another visa category