The H-1B work visa is one of the most popular pathways for foreign professionals seeking employment in the United States. Because the process involves strict eligibility rules, employer sponsorship, and an annual lottery, many applicants and employers choose to work with an experienced San Diego immigration lawyer to avoid delays or denials. This guide explains H-1B visa requirements, the application process, processing times, and key tips for success.
What Is the H-1B Work Visa?
The H-1B visa is a nonimmigrant work visa that allows US employers to temporarily hire foreign professionals in specialty occupations. These jobs typically require at least a bachelor’s degree or equivalent specialized knowledge.
Common H-1B fields include:
Information technology
Engineering
Healthcare
Finance and accounting
Education and research
The visa is initially granted for up to three years and may be extended for a maximum of six years in most cases.
Who Is Eligible for an H-1B Visa?
Employee Eligibility
To qualify for an H-1B visa, the applicant must:
Hold at least a bachelor’s degree or equivalent
Have education or experience related to the job offered
Work in a specialty occupation
Foreign degrees and work experience may need evaluation to confirm equivalency.
Employer Eligibility
The US employer must:
Offer a legitimate specialty occupation position
Pay the required prevailing wage
File a Labor Condition Application (LCA) with the Department of Labor
Sponsor the employee throughout the H-1B process
Only US employers can file H-1B petitions; self-petitioning is not allowed.
H-1B Annual Cap and Lottery System
Most H-1B visas are subject to an annual cap:
65,000 visas for regular applicants
20,000 additional visas for applicants with a US master’s degree or higher
Because demand exceeds supply, USCIS uses a random lottery system to select petitions each year.
Certain employers, such as universities and nonprofit research organizations, may be exempt from the cap.
H-1B Application Process Step by Step
Step 1: H-1B Registration
Employers must first register electronically with USCIS during the designated registration period, usually in March. Each registration represents one potential employee.
If selected in the lottery, the employer may proceed with filing the full petition.
Step 2: File the Labor Condition Application (LCA)
The employer submits an LCA to the Department of Labor, confirming:
Wage compliance
Working conditions
Job location
The LCA must be approved before filing the H-1B petition.
Step 3: File Form I-129 Petition
Once selected and LCA approval is obtained, the employer files Form I-129 with USCIS, along with supporting documents such as:
Job description
Employee qualifications
Employer financial information
Accuracy at this stage is critical.
Step 4: USCIS Review and Decision
USCIS reviews the petition and may:
Approve the petition
Request additional evidence
Deny the petition
Requests for Evidence (RFEs) are common and must be handled carefully.
H-1B Processing Time
Processing times vary depending on workload and service type.
Typical timelines:
Regular processing: 2 to 6 months or longer
Premium processing: 15 calendar days (additional fee required)
Premium processing only speeds up the decision; it does not guarantee approval.
How Long Can You Stay on an H-1B Visa?
The H-1B visa is granted for:
An initial period of up to 3 years
Extensions for a total of up to 6 years
Extensions beyond six years may be possible for individuals pursuing employment-based Green Cards.
H-1B Dependents (H-4 Visa)
Spouses and unmarried children under 21 may accompany the H-1B holder on H-4 visas. Some H-4 spouses may qualify for employment authorization under specific conditions.
Common H-1B Visa Challenges
Applicants often face issues such as:
Lottery non-selection
Requests for Evidence
Job classification disputes
Wage level challenges
Proper preparation helps reduce these risks.
Transition from H-1B to Green Card
Many H-1B holders pursue permanent residency through employment-based Green Cards. Starting the Green Card process early is important to maintain long-term status and eligibility for extensions.
Why Professional Legal Guidance Matters
The H-1B process is highly technical and closely scrutinized by USCIS. Legal guidance can help:
Assess eligibility
Prepare strong petitions
Respond to RFEs
Plan long-term immigration strategies
Mistakes can lead to delays, denials, or loss of status.
Final Thoughts
The H-1B work visa offers valuable opportunities for skilled professionals and US employers, but success requires careful planning, strict compliance, and timely filing. From lottery registration to petition approval and future extensions, every step matters. For personalized guidance and reliable representation throughout the H-1B process, consulting an experienced Immigration Attorney San Diego can help ensure your case is handled correctly and efficiently.
