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The H-1B visa program plays a critical role in the U.S. economy, allowing American companies to hire highly skilled foreign workers in specialized occupations. Whether you’re an employer looking to bring in top talent or a foreign national seeking to work in the United States, understanding the H-1B visa process is essential. This comprehensive guide will walk you through every aspect of the H-1B visa, from eligibility requirements to application procedures and beyond.
The H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. These occupations typically require a bachelor’s degree or equivalent in a specific field.
Is the H-1B visa your stepping stone to a green card? Learn more about Boundless’ family-based immigration services and secure your future in the U.S.
The H-1B is not a green card, but it can serve as a stepping stone to a green card, as it is “dual intent,” meaning you can apply for permanent residency (a green card) while on an H-1B visa. However, you must go through a separate process to obtain a green card. For more info, Boundless has put together a guide on how to switch from an H-1B to a green card.
In June and July 2024, the Biden administration announced significant changes to streamline the work visa process, particularly benefiting U.S. college graduates and DACA recipients. Here are the key updates:
To qualify for an H-1B visa, both the job position and the foreign worker must meet specific criteria:
To qualify as a specialty occupation, the position must demand a blend of theoretical knowledge and practical skills. It typically necessitates at least a bachelor’s degree or its equivalent in a relevant field. Let’s break down the requirements:
Before entering the United States under the H-1B classification and beginning work, you must register with U.S. Citizenship and Immigration Services (USCIS) and be selected to apply. Due to high demand, if the number of registrations exceeds the cap, a lottery system randomly selects who can proceed to filing.
To learn more about the H-1B visa cap and how to register for the lottery, check out Boundless’ detailed H-1B cap lottery guide.
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The H-1B application processing time can be unpredictable, influenced by factors like the annual cap, service center workload, and whether premium processing is used. Here’s a breakdown of how long it takes to get an H-1B visa by phase of the process:
The USCIS lottery system randomly selects which petitions will be processed if the number of H-1B petitions exceeds the annual cap. This lottery process adds an element of chance to the H-1B visa application, making it crucial to understand the timeline and key dates involved.
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The cost to register for the H-1B lottery is $215.
If the applicant is selected for an H-1B visa, the employer will then have to pay $780 to file Form I-129 (Petition for Nonimmigrant Worker), or $460 (in the case of small employers and nonprofits).
Beyond Form I-129, the how much it costs to get an H-1B visa can vary depending on the company’s size, the cost to expedite the application, whether or not the H-1B applicant is changing employers and attorney fees.
The H-1B visa application process involves several steps, which must be completed in a specific order. Here’s a detailed breakdown of the process:
The interview step is typically not required for applicants already in the U.S. changing status to H-1B (e.g., from F-1 student status). USCIS processes the change of status without a consular interview.
An H-1B visa stamp is a physical visa placed in your passport by a U.S. embassy or consulate outside the United States. It serves as official permission to enter the U.S. on H-1B status. Here’s how it fits into the H-1B process:
In short, the H-1B visa stamp is needed for international travel and re-entry to the U.S., while the approval notice (Form I-797) allows you to live and work in the U.S. on H-1B status.
For many H-1B visa holders, the journey doesn’t end with the H-1B. The ultimate goal often is obtaining a green card (permanent residency). Here’s an outline of adjusting status from an H-1B to a green card.
Ready to take the next step towards permanent residency? Explore Boundless’ family-based immigration services and secure your future in the U.S. Get started today.
If you’re an H-1B worker in the U.S., you may now be able to renew your visa without leaving the country. This process, known as domestic H-1B renewal or stateside H-1B renewal, was reintroduced by the U.S. government through a limited pilot program in 2024.
Domestic visa renewal allows certain H-1B workers to get a new visa stamp while staying in the U.S., rather than traveling abroad to a U.S. consulate.
To qualify for domestic renewal, you must:
This option is currently only available to a limited number of H-1B applicants and does not apply to H-4 dependents or other visa categories.
Under the traditional process, H-1B workers must travel abroad for visa stamping, which can involve long wait times and travel costs. With domestic renewal of your H-1B, you can avoid international travel and renew your visa entirely from within the U.S.
To apply for domestic H-1B visa renewal, you’ll need to:
Your application will be processed by the U.S. Department of State in Washington, D.C.
This program may expand in the future, but for now, it’s limited to select H-1B holders.
You can keep working in the U.S. while your H-1B renewal is being processed, as long as you remain in valid status.
Domestic renewal provides a new visa stamp, but it does not extend your H-1B status or validity period.
The dates vary each year, so be sure to check USCIS’ information page for the exact dates for the upcoming fiscal year.
If you’re a business sponsoring H-1B employees, Boundless can help you navigate the process. Learn more here!
To see if you are eligible to file for an H-1B visa, you can check your USCIS online account. The account will show the status of your application.
Yes, premium processing is typically available for the H1B visa. To request premium processing, you will need to submit Form I-907, Request for Premium Processing Service, and pay the filing fee to USCIS. You can do this at the same time as you file your Form I-129 petition.
If you have already filed your petition, you can request premium processing at a later date by sending your form to the same service center as your original Form I-129.
Having a valid visa allows you to go to a U.S. port of entry and request entry to the U.S.. If you leave the U.S. for travel and return, as long as your H-1B visa is still valid, you may be able to be admitted on H-1B status. You may wish to bring evidence of your employment or your visa validity with you to present at the border.
If your H1B visa is subject to the cap, you will need to register online first. You should keep in mind that being selected in the lottery allows you to apply for a visa for the following financial year.
If you are selected, you and your employer can petition for a H-1B visa on your behalf. You can expect to have around 90 days to apply for your visa, but the filing period and location will be on your H-1B Registration Selection Notice from USCIS. You can apply for your visa up to six months before your visa start date.
If your H-1B visa is under the cap and you have been selected to apply for a visa, your selection notice will let you know which USCIS address you can file your application at, based on the employer’s primary office address. If the H1-B visa cap does not apply to you, for example, if you are being employed by an institute of higher education, then you can file your application at the USCIS California service center.
Your H1B visa is generally valid for three years, and can usually be extended for a total of six years. To do this, your employer will need to complete and file Form I-129 again on your behalf, along with any supporting documents, and pay the filing fee.
The H-1B visa is a dual-intent visa, which means that yes, you can apply for a green card. Find out more about how Boundless can help you through the process.
Any U.S.-based employer can sponsor the H-1B visa. As long as the employer has an IRS Tax ID Number, they can register to file a petition on your behalf.
Because the H-1B visa is an employment-based visa and you will need your employer to file certain forms for you, you will need a job offer before you are eligible to apply for the H-1B visa.
No. In June 2020, President Trump issued an order to suspend the entry of H-1B visa holders into the U.S. (processing of H-1Bs did not stop). Subsequent orders and rules tried to limit the H-1B program but were all struck down.
Yes, your spouse and any unmarried children under the age of 21 may be able to accompany you on H-4 visas. Learn more about the H-4 process in Boundless’ guide.
The H-1B visa is valid for three years and can be extended for a total of six years.
It depends. If your spouse holds an H-4 visa, they may be able to apply for employment authorization if you, the H-1B visa holder, is on track to get a green card. Learn more in our H-4 guide.
The government sets a cap on the number of H-1B visas it issues each year. Currently, the cap is 65,000 visas per fiscal year, with 20,000 additional visas available for those who have a master’s degree or higher.
The H-1B1 is a U.S. nonimmigrant visa for nationals of Chile and Singapore who work in specialty occupations. The annual cap for H1B1 visas is 6,800 — 1,400 from Chile and 5,400 from Singapore.
The employer filing the H-1B petition must show the Department of Labor (DOL) proof they will pay the employee the prevailing wage or the employer’s actual wage, whichever wage is higher. The prevailing wage is the salary paid to workers in similar occupations in the same geographic area, while the actual wage is the salary the employer pays to its workers in similar positions.
If you are on an H-1B visa and lose your job due to layoffs or an economic downturn in the United States, you will no longer maintain valid status. However, there is a 60-day grace period from the time you were terminated, during which you must file for a change of employer, file for a change of status, or depart the U.S. Learn about what to do if you lose your job while on a work visa.
Depending on the complexity of your case, or if you simply want additional peace of mind during the extension process, it may be helpful to enlist an immigration lawyer’s help for your H-1B extension application. Lawyers can help you navigate the extension forms and H-1B requirements from start to finish. If you’re not sure whether an immigration lawyer is the best option for your H-1B extension, Boundless put together a detailed guide on when to hire an attorney for your visa process here.
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Boundless is not affiliated with or endorsed by United States Citizenship and Immigration Services (USCIS) or any other government agency. Blank immigration forms with written instructions, including for spousal visas, are available for free at the USCIS website. Use of the Boundless website and its services are subject to our Privacy Policy and Terms of Use. Nothing on this website, including guides, resources, questionnaires, document templates, and software, is legal advice or a substitute for the advice or services of an attorney. Boundless utilizes licensed immigration lawyers to deliver all legal advice. For legal advice specific to your case, please contact our legal team at attorneys@boundless.com or consult with another licensed attorney.
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