H1B Visa Guide: Everything You Need to Know About the H1B Visa

The H1B Visa is a great option for foreign nationals seeking to work in the United States with a valid job offer. In this guide I will discuss what you need to know the H1B visa.

If you have any questions about the H1B visa, feel free to email me directly at contact@ashoorilaw.com. I’m very responsive via email and would be happy to answer your questions.

Introduction

The H1B is a special visa that allows foreign nationals to enter the United States to perform “specialty occupations.” A specialty occupation is one that requires, at minimum, a bachelor’s degree or enough work experience that could equate a degree.

Overview:

1. What is the H1B Visa?
2. What are the benefits of the H1B Visa?
3. What are the Requirements for the H1B Visa?
4. H1B Visa Numerical Limitations
5. Who files the petition?
6. H1B Visa Process
7. H1B Visa Documents
8. H1B Visa Fees
9. H1B Visa Processing Time
10. Amending an H1B Visa
11. Recapturing Time
12. H1B Visa to Green Card
13. H1B Visa Exceptions
14. F1 Visa to H1B Visa
15. Conclusion

1. What is the H1B Visa?

The H1B is a special visa that allows foreign nationals to perform specialty occupations in the United States. This work can be in - but is not limited to - any of the following fields:

• architecture, engineering, mathematics, physical sciences, social sciences, medicine, health, education, business, law, accounting, theology, and the arts.

If an argument exists that the position requires a bachelor’s degree, then you may be eligible for an H1B. The work can be either full-time or part-time. Each fiscal year there are 65,000 H-1B visas available under the regular cap, plus an additional 20,000 reserved for beneficiaries holding U.S. master’s (or higher) degrees. These caps apply only to “cap-subject” petitions from qualifying employers; many petitions (such as for certain nonprofits and research institutions) are exempt from the annual numerical limit. Recent regulatory changes (including a new one-time $100,000 fee for certain new petitions) may affect overall petition cost and employer obligations.

H-1B status is generally granted for up to three years initially, with a possible extension of up to three more years (for a typical maximum of six years). Under certain circumstances (for example, if an employment-based green-card process is underway) further extensions beyond six years may be possible. Those on an H1B are eligible to bring their dependent spouse and children. These dependents would hold H4 status.

H1B visa holders are eligible to change employers. But they must meet certain requirements. H1B beneficiaries may also pursue permanent immigration status. This is because it is a dual intent visa.

2. What are the benefits of the H1B visa?

There are many benefits to having an H1B visa. Here are just a few:

You can legally work in the United States. 

The H1B allows foreign nationals to perform specialty occupations in the United States. This allows highly qualified individuals to work and live in the US. This benefits both the beneficiaries and the US economy.

Although the H-1B is a nonimmigrant visa,

it allows what is called ‘dual intent’ — meaning that you may lawfully pursue permanent resident status (a green card) while in H-1B status and you are not required to show intent to depart the United States.

Your dependents can come to the US with you.

Your spouse and dependent children (who are under 21 and unmarried) are eligible for H4 status. This means they can come to the United States with you. H-4 dependents may attend school. Work authorization for H-4 spouses is not automatic; however, certain spouses may apply for an Employment Authorization Document (EAD) if the H-1B principal meets specific eligibility criteria (for example, an approved I-140). Additionally, those with H4 status must be in the United States to join the principal worker. H4 status will be revoked if the visa holders are in the US while the principal H1B holder is usually absent abroad.

H1B visas have portability.

One big advantage of H1B visa is the portability benefits.  This means that if you are on an H1B and change employers, you can begin working for a different employer upon filing your new petition.

3. What are the requirements for the H1B visa?

There are many conditions to meet for an H1B visa. An immigration lawyer can help you determine if you meet these provisions. Our office can also help you organize evidence to prove eligibility. Please be aware that those working on an H1B could be subject to random site checks. This is to ensure the information provided to the US government was correct.

You must have a job offer from a US company.

The employer must extend a bona fide job offer to the beneficiary. This can be through a written contract or, if there is no written contract, through a summary of an oral agreement. Additionally, there must be evidence to support the need for the beneficiary.

There must be a valid employer-employee relationship.

This is an important and mandatory condition. For valid employer-employee relationship, there must be employer control. Control is the ability of the petitioner to determine when, where, and how the beneficiary completes his/her duties. USCIS will deny a petition if the beneficiary will not be an employee or report to the petitioner.

USCIS will examine the following factors to determine if there is a valid employer-employee relationship:

- if the petitioner supplies tools or other instruments to the beneficiary,

- if the petitioner can hire, pay, and fire the beneficiary,

- if the petitioner evaluates the beneficiary’s work,

- if the petitioner provides any employee benefits to the beneficiary,

- and if the beneficiary appears on the petitioner’s tax information.

It is difficult to support an employer-employee relationship when the beneficiary is off-site. Yet, a valid relationship can exist if the petitioner controls the beneficiary’s work schedule and has regular contact. A contract or other document detailing the terms and conditions of the job may show an employee-employer relationship.

Under the Labor Condition Application (LCA),

employers must attest that no strike, lockout, or work stoppage due to a labor dispute involving the occupational classification exists at the worksite. USCIS may deny or revoke approval if a relevant dispute affects the offered position; employers and beneficiaries should assess any such risks.

The focus will be on whether the position qualifies as a ‘specialty occupation’

— i.e., one requiring at least a bachelor’s degree or its equivalent. Among the tools commonly cited by adjudicators are the Department of Labor’s Occupational Outlook Handbook (OOH) and the O*NET system, which may help show the nature of the job duties and typical industry educational requirements. The Dictionary of Occupational Titles is less frequently relied upon in current practice.

The emphasis is not on the job title, but on the job duties of the individual applicant. Here, the job description will be carefully analyzed. This includes the specific tasks, demands, duties, and actual requirements of the position.

Other factors to determine if the job is a specialty position would be:

- the beneficiary’s education and work experience,

- the nature of the petitioner’s business,

- the industry standards,

- salary (both of the beneficiary and the industry standard),

- and the business size.

Additional factors could be:

- work from previous employees in the same position

- and the job listings for the same or similar positions in the past.

Positions with the same title can result in different adjudications from USCIS. This is because of USCIS’ focus on the job description and duties.

When evaluating equivalency of foreign education and/or work experience,

USCIS may accept that three years of specialized work experience equals one year of college education (up to the equivalent of a U.S. bachelor’s degree) — for example, nine years of qualifying work experience may be treated as equivalent to a U.S. bachelor’s degree. However, this depends on the specific facts of the case and the strength of the evidence.

The job must require a bachelor’s degree (or higher) in a specific field of study related to the occupation. Not all foreign degrees titled “bachelor’s degree” are equivalent to a US institution’s bachelor’s degree.

USCIS may require a credentials evaluation of your foreign transcript and degree. This can help provide evidence that you meet the H1B bachelor’s requirement. The most popular credentials evaluator is the American Association of Collegiate Registrars and Admissions Officers Electronic Database for Global Education (AACRAO EDGE). It may be useful to highlight the relevant coursework in your transcript and tie it to the petitioner support letter.

EXCEPTIONS:

If you do not have the academic requirements standard for the job, you can still qualify for an H1B. This can be done through a combination of education, training, and work experience. Here, a petitioner would need to demonstrate the previous experience is equivalent to the standard degree.

Your previous work must include the theoretical and practical application of specialized knowledge. Evidence to support this can include:

- recognition from leaders in your field,

- published material by or about you,

- evidence of licensure,

- evidence of significant contribution to the field,

- results from CLEP or PONSI,

- and/or membership in a professional association.

The required experience depends on the degree traditionally used for the position. If the required degree for the position is a doctoral degree, you must have a doctorate. For example, if a master’s or advanced degree is traditionally used - then a bachelor’s degree with five years of experience in relevant positions may be considered equivalent. If a bachelor’s degree is required, three years of relevant work experience may count for one year of education.

You must have paid all outstanding fees.

For an H1B petition, the employer must pay all relevant fees. Provide the reasoning in your cover letter if a designated fee is not required.

You must have licensure (if required by federal, state, or local law).

If the position requires a license: the beneficiary must be licensed prior to the H1B approval. If not, provide evidence demonstrating a technical problem for the delay. Note that restricted licenses are only valid for one year or until the license expires, whichever is longer. An approval cannot exceed the validity period of a temporary license.

There are only two exceptions to this rule:

• If a permanent license is not required by the state
• If the state allows unlicensed people to practice under the supervision of a licensed supervisor

Those in healthcare professions should be aware that state guidelines supersede OOH requirements. Those primarily involved in research or teaching (not patient care) do not need a license. Additionally, some other exceptions may exist for those in healthcare professions.

Note that having a license does not equate a specialty occupation. For example, nursing requires a license and is not considered a specialty occupation. Additionally, not all specialty occupations require a license. You will not be discriminated against for not having a license if it is not required for your position.

4. H1B Visa Numerical Limitations

One thing you should be aware of is the numerical limitation on H1B visas. Every year, 65,000 H1Bs are made available, with an additional 20,000 visas reserved for those with advanced degrees.

Any petition not chosen in the lottery or registered after the final receipt date will be rejected. Furthermore, any petition missing mandatory documents and/or fees will be rejected as well. This means that it is critical to be on top of your H1B visa application process. An immigration lawyer can help ensure that you maximize your likelihood for success.

Due to the lottery, many qualified applicants may never be reviewed. Reform has been pushed to change this process. Some advocates believe H1Bs should be reserved for the highest-paid or the most-skilled beneficiaries. Yet, this has not been implemented and the lottery system is our current process.

Today, we have a special lottery system for the advanced degree petitions, held before the regular lottery. If a beneficiary with an advanced degree is not chosen in the first lottery (20,000 designated spots), a second chance will be given in the general lottery.

It is important to note that H1B1 visa holders (discussed below) are not counted toward the H1B visa cap. The H1B1 has its own numerical limitations: 1,400 for Chilean citizens and 5,400 for citizens of Singapore. Furthermore, H4 dependents are not count towards this quota.

Finally, it is important to note that there are some exceptions. Employees for the listed organizations are not counted toward the cap on H1B visas. These organizations are also not subject to the ACWIA fee:

• Institutions of higher education, or nonprofits related to higher education; and
• Nonprofit or governmental research organizations.

5. Who files the petition?

A US company will file the petition on behalf of a foreign national who will receive the H1B. The US company is called the petitioner. The foreign national is called the beneficiary.

A petitioner must:

• Have extended a job offer to the beneficiary;
• Have a valid employer-employee relationship with the beneficiary; and
• Have an Internal Revenue Service Tax identification number.

Petitioners can only file one petition per beneficiary in any given calendar year. If a petitioner submits more than one application, the petition or visa will be denied or revoked. The only exception to this is if the petitioner receives notice of a delay on the first filing. In this case, the petitioner can send a second petition with an explanation and withdraw the first.

However, multiple companies in the same corporate family can submit a petition for the same beneficiary. Here, each entity must have their own Federal Employer Identification Number. Additionally, they must have their own legitimate need to hire that beneficiary.

It may also be possible to have an agent file an H1B petition. This person acts on behalf of the petitioner. An agent can file on behalf of multiple employers if the beneficiary will work with more than one entity. Note that if an agent files the petition, all requirements must still be met.

Centralize to one instance in conclusion; add disclaimer: "For assistance, contact a qualified immigration attorney. This guide is not legal advice.

6. H1B Visa Process

The H1-B visa is a multistep process. The following is a general guideline followed by a more detailed explanation:

• Apply for H1B Registration period;
• If selected in lottery, submit an H1B application;
• Receive approval;
• If abroad, submit a visa application; and
• Begin work in the United States.

Registration Period: In recent years (beginning FY2021)

In winter 2019, DHS implemented the H1B CAP electronic registration rule. This applies to all employers applying for an H1B petition on behalf of any potential future H1B employees. Note that this registration rule also includes the advanced degree applicants.

For all H1B cap-subject petitions, a separate registration application is required. This must be done for each potential worker. If the electronic registration application is selected, petitioners can then submit Form I-129. Previously, petitioners had to be submit the I-129 every year, even without knowing whether their petition was chosen.

The U.S. government introduced an electronic registration requirement for the H-1B cap-subject process. As of 2025 the registration fee is $215 (subject to change). In addition, a newly introduced one-time fee of $100,000 for certain new H-1B petitions has been announced (effective September 21 2025). Employers should confirm the current fee schedule at USCIS.gov. A registration will not be considered submitted unless the fee is rendered.

After registration (if required) and selection,

the petitioner files Form I-129 (Petition for a Nonimmigrant Worker) with the appropriate USCIS service center as listed on the official instructions. Follow the current USCIS filing instructions carefully (including whether copies are required and where to file). Separate consular processing (visa stamping) is handled later through the Department of State. The appropriate USCIS delivery address will vary. Please go on USCIS.GOV and check the filing location based on your employment details. An immigration lawyer can assist you in determining where your petition should be mailed.

As discussed in Section 4: “Numerical Limitations,” it is crucial you submit your petition no later than April 1st. Please note that the petition is considered received when it arrives at the Service Center. All petitions received on the same day will be treated equally. If you are you chosen, keep in mind the requirements for keeping your status and filing your renewal. H1B extensions cannot be filed more than six months before the status expiration date. Thus, it is recommended that you begin preparing as early as possible. The lottery is now beneficiary-centric, ensuring each individual has one chance regardless of multiple registrations from different employers.

To file for your H1B visa, here are some of the documents that you may need:

• Form I-907: This document is only required if you pay the additional premium processing fee. This guarantees you will receive a response within 15 calendar days, absent any RFEs.

• Form I-129 with Supplement H: This form provides information about the US company, the beneficiary, and the job. The information provided here helps the officer determine if the H1B conditions are satisfied.

• Exhibit packet:

1. 1. if requesting change of status, evidence of the beneficiary’s lawful status,
   2. always include a copy of the biographic page of the passport(s) of the beneficiary and any dependents,
   3. an approved labor condition application,
   4. a support statement from the US company,
   5. a cover letter from your attorney, and
   6. any other supporting documentation that may help your case.

Receive an approval

When your petition is approved, you will receive an approval notice via Form I-797.

If USCIS is satisfied with the submitted petition, it will be processed for approval. If the government is unable to deliberate an approval, they can send a Request for Evidence (RFE). This states what terms of the H1B application was unmet and why USCIS is unable to render an approval. Here, the petitioner can provide additional evidence to help support their filing.

USCIS may also send a Notice of Intent to Revoke or Deny (NOIR/NOID), which must be responded to within the given deadline. Failure to respond to either document or failure to provide adequate evidence in the response will mean the petition is rejected.

However, if the new evidence allows USCIS to determine all conditions for an H1B visa are satisfied, a Form I-797 with approval of an H1B petition, will be rendered. Approved H1B petitions are valid for up to three years or through the validity period of the H1B petition, whichever is shorter. Please be aware that an H1B petition can be revoked if any of the facts listed in the petition substantially change or were fraudulently stated.

Submit a visa application

Upon receiving the approval, the foreign national can schedule an appointment at a US consulate. Note that you cannot apply for a visa more than 90 days before the start date of the job. Upon scheduling a consular interview, the foreign national will meet with a US consular officer and show them their I-797 approval.

Since the conditions for a H1B visa were determined to have been met with the approval of the petition, the focus of the interview would be o the individual’s eligibility. The beneficiary should bring a copy of the petition and evidence of his/her specific qualifications. Different consulates and individual situations require different forms. Additionally, please be aware that visas do not have to be issued for the full length of the petition’s validity. You will need to check the visa reciprocity schedule with the Dept. of State to see how long your visa stamp will be valid for.

Begin work in the United States

H-1B workers may be admitted up to 10 calendar days before the requested employment start date (provided all else is in order). If the employment ends early (for example, termination by employer or by the worker) and you are not in violation of status, you may be eligible for a grace period of up to 60 calendar days (or until your I-94 expires, if earlier) to depart the U.S., change status, or seek new employment. This 60-day period is not automatic in all cases and depends on compliance with the regulations. Upon arrival, you should present your passport, H1B visa, and Form I-797 approval. You should ensure you receive an I-94 card with accurate information. You should take care to note expiration dates for your status.

7. H1B Visa Documents

Many documents are required during the H1B visa application process. The following is a general list. Please be aware this is not a comprehensive list and the documents you will need will vary based on your individual case:

• A detailed job description
• A copy of the foreign national’s resume
• Transcripts or certifications, accompanied with credentials evaluation (if applicable)
• Copies of training certificates, with an outline of the curriculum
• Support letters from previous employers (if applicable)
• Basic company information
• Biographic page(s) of passport(s) for applicant and any dependents
• A DOL job description
• Statements from professional associations (if applicable)
• Job postings for similar positions
• Written contract or summary of oral agreement
• Federal tax returns
• Business plan
• Evidence the degree required is required for all people in that position
• Evidence of licensure (if applicable)

8. H1B Visa Fees

The following fees are paid for by the US employer or their representative. Yet, there may be other costs associated with the H1B visa application process. These include translations, photocopying fees, or transportation, which can be paid by the beneficiary. Please be aware that all fees listed in this guide are subject to change.

• ACWIA Fee: $1,500 for employers with 26 or more employees and $750 for employers with 25 or fewer employees
• Fraud Prevention and Detection Fee: $500
• For petitioners with 50+ employees and with 50% or more of their employees holding H-1B, L-1A, or L-1B status (if applicable): $4,000
• FForm I-129 Fee: $780;
• Premium Processing Fee (Form I-907): $2,805 (fee can be paid by beneficiary);
• ACWIA Fee: $750 for employers with 25 or fewer employees and $1,500 for 26 or more;
• Fraud Prevention and Detection Fee: $500;
• American Competitiveness and Workforce Improvement Act (ACWIA) Fee: $4,000 or $4,500 for petitioners with 50+ employees and >50% in H-1B/L-1 status (if applicable). Additional $100,000 supplemental fee may apply to certain new petitions per 2025 Proclamation. All fees subject to change; check USCIS.gov.

9. H1B Visa Processing Time

The amount of time it takes between an H1B filing and the receipt of an approval, depends on a wide range of factors. These factors include:

- whether premium processing was elected,

- which type of H1B visa you are requesting (cap-exempt, advanced degree, regular),

- which USCIS Service Center you use,

- and which US consulate you are being stamped at (if you are abroad).

Thus, the processing can take anywhere from less than two months to more than nine months.

Additionally, regardless of approval date, beneficiaries will not be eligible to work until the October 1^st following the lottery.

10. Amending an H1B Visa

After the beneficiary begins employment in H-1B status, the petitioner and beneficiary must monitor for any material change in the terms and conditions of employment (such as a significant change in job duties, worksite location or employer). If a material change occurs, an amendment to the previously filed Form I-129 (or a new petition) may be required.

If there is a change in worksite, a new labor condition application must also be submitted. If the job ends unexpectedly, the beneficiary may stay for up to 60 days or until the visa expires, whichever is shorter. During this time, the beneficiary may attempt to find a new employer to remain in the US but may not work. It is important to note if there are any changes to a beneficiary’s job position or to the US company. Here, an immigration lawyer can help you determine what steps are required to be in compliance with the H1B visa program.

The H-1B petition is typically granted for up to three years initially (though sometimes shorter). If eligible, an extension can be filed for another period (commonly up to three years), and the extension must be filed while the beneficiary remains in valid H-1B status. The extension does not have to be granted and does not have to be for the full three years. To strengthen the application, submit documentation showing the continued need for the H1B beneficiary. Items including, but not limited to, copies of pay records, work schedules, evaluations, and work produced by the beneficiary can be helpful.

11. Recapturing Time

As stated, H1Bs are valid for a period of up to six years. Yet, you should note that time spent in L status counts toward this six-year time period. However, this six year maximum only counts for time physically spent in the United States. If a beneficiary can demonstrate that they spent time outside the United States, that time does not count toward the six-year H1B maximum. This time can be “recaptured” and used towards further extending their H1B time.

For example, if a beneficiary spent 42 full days outside the U.S. during their H-1B period, that time may be recaptured to extend beyond the six-year limit, supported by evidence such as I-94 records, passport stamps, or travel documents. Partial days in the U.S. do not qualify; USCIS evaluates on a case-by-case basis.

12. H1B Visa to Green Card

While on an H1B, you can apply for permanent resident status. Furthermore, those awaiting an immigrant visa priority date may be eligible to stay in the United States on an H1B for longer than six years. You may also be eligible to hold H1B status for longer if you have an approved EB-1, EB-2, and/or EB-3 petition. If you have any questions about the process of going from an H1B visa to permanent resident status in the United States, an immigration lawyer, such as myself or another member of my team, can provide further information.

13. H1B Visa Exceptions

Citizens of Chile and Singapore may seek the H-1B1 classification under separate free-trade-agreement provisions. H-1B1 petitions are typically approved initially for up to 18 months and may be extended one year at a time without a fixed six-year maximum stay. H-1B1 beneficiaries are not counted toward the 65,000 H-1B cap. However, each stay and renewal remains subject to adjudication and approval by the relevant authorities. Some jobs that are not considered specialty occupations and are ineligible for an H1B visa may be accepted under the H1B1 visa. If you believe you may be eligible for an H1B1 visa, an immigration lawyer, like myself or another member of my team, can assist you further.

Applicants for an H1B1 visa can apply directly at the consulate or with USCIS (as a change of status). H1B1 applicants can provide all documentation directly to a consular officer when they seek visa stamping. They need not have an approval before their consular appointment.

14. F1 Visa to H1B Visa

Our clients commonly change status from an F-1 (student) visa to an H1B. If you have F-1 status, you are eligible for one year of practical training following your education. Those in qualifying STEM fields may extend post-completion OPT (12 months) by an additional 24 months (for a total of up to 36 months post-graduation), subject to eligibility, timely filing, and E-Verify employer participation. This practical training must focus on the theoretical application of your specialized field of knowledge. This work must be related to the degree you earned. Employers can file H1B visas for students engaging in practical training who they wish to hire for a longer period of time and who meet all of the requirements outlined herein.

Some foreign nationals who finished practical training, but cannot commence their H1B employment, may be eligible to stay in the United States during this gap. The H1B holder does not have to return to their home country during this period. Although they may not work in the United States during this time. This ‘cap-gap relief’ may allow certain F-1 students (on OPT) whose employers timely file an H-1B cap-subject petition to remain in the U.S. in authorized status and continue employment — potentially avoiding travel, though consular processing or visa stamping may still be required depending on individual circumstances. If you have any questions about this process, an immigration lawyer, such as myself or another member of my team, would be happy to assist you.

15. Conclusion

The H1B visa is one of the most popular avenues that allow foreign nationals to perform specialty occupations in the United States. You should now have a much stronger understanding of the various aspects of the H1B visa, including the H1B visa benefits, requirements, and the visa application process.

If you have any questions regarding the information discussed in this guide or about the H1B visa generally, feel free to email me directly at contact@ashoorilaw.com. I am very responsive via email and I would be happy to help you.