Fast Facts Friday

Understanding the H-1B Visa

The H-1B visa is one of the most common employment-based visas in the United States, but it is also one of the most competitive.  Each year, thousands of highly skilled foreign professionals and their employers participate in the lottery, hoping for a chance to secure a visa.

Here are some key facts you should know about the H-1B:

1.  The Cap System

Every year, the government sets a cap of 85,000 new H-1B visas, which includes 65,000 for the general category and 20,000 reserved for individuals with advanced U.S. degrees.  In FY 2025, USCIS received 470,342 eligible registrations, a dramatic 38% decrease from the record-high 758,994 registrations submitted in FY 2024.

2.  Who Qualifies?

The H-1B is for individuals employed in a “specialty occupation.”  This typically means the role requires at least a bachelor’s degree (or equivalent experience) in a specific field.  

Common industries include:

• Technology and Engineering
• Healthcare
• Finance and Business
• Education and Research

3.  Employer Sponsorship Is Required

Unlike some other visas, individuals cannot apply for the H-1B on their own. A U.S. employer must file the petition on the worker’s behalf.

4.  Limited Flexibility

H-1B workers are tied to their sponsoring employer.  If they change jobs, their new employer must file a petition for transfer.  Unauthorized employment outside of the sponsoring company can lead to violations of immigration status.

5.  A Pathway — but Not a Guarantee — to a Green Card

While many H-1B holders transition to permanent residency through employer sponsorship, the H-1B itself is a temporary visa.  Careful long-term planning is critical to avoid gaps in status.

Why This Matters

For foreign professionals and their employers, the H-1B represents opportunity — but also risk due to limited availability and strict compliance requirements.  Understanding the basics is the first step toward navigating the process successfully.

At the Law Office of Julia L. Stommes, we help both employers and employees develop immigration strategies that support long-term goals.
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📩 For guidance on H-1B sponsorship or alternatives, contact us at [email protected]



​If you have questions about your visa status or if you are an employer exploring immigration options, we are here to help.  At the Law Office of Julia L. Stommes, we are committed to helping individuals and businesses navigate complex legal landscapes.
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The information provided in this blog is intended for general informational purposes only and should not be construed as legal advice.  To schedule a Consultation to discuss your legal immigration options, please email us at [email protected].