Understanding the H-1B Visa Process

The H-1B visa is a non-immigrant visa that allows U.S. employers to hire foreign workers in specialty occupations requiring theoretical or technical expertise.  The H-1B visa program not only helps fill critical skill gaps but also creates American jobs by supporting the growth and expansion of U.S. companies.  When foreign workers with specialized expertise join American businesses, they often help drive innovation, improve productivity, and enable companies to compete globally.   The process of applying for an H-1B visa can be complex and requires careful navigation.  Here are the key steps involved in applying for an H-1B visa:

 1.  Employer Petition
The first step in the H-1B process is the employer’s responsibility to file a petition on behalf of the foreign worker. Employers must demonstrate that the position qualifies as a specialty occupation and that the employee meets the educational and professional qualifications.

 2.  Labor Condition Application (LCA)
Before filing the petition with U.S. Citizenship and Immigration Services (USCIS), the employer must submit a Labor Condition Application (LCA) to the U.S. Department of Labor (DOL).  This application confirms that the employer will pay the worker the required prevailing wage for the role and that the worker's employment will not negatively affect the working conditions of U.S. workers.

 3.  The Lottery System
Because there are only 85,000 H-1B visas available each year (65,000 for regular petitions and 20,000 for those with advanced degrees from U.S. institutions), applicants are often selected through a lottery system.  The lottery occurs in April, and if selected, the petition is processed further.

4.   USCIS Processing
Once the petition is selected in the lottery, USCIS processes it.  This may involve reviewing the petition, requesting additional documentation, or conducting an interview.  The processing times vary, but it typically takes several months.

5.  Approval or Denial
If approved, the worker can begin or continue employment under the H-1B visa for an initial period of up to three years, with the possibility of extension for a maximum of six years.  

6.   Start Date
Once the H-1B visa is granted, the employee can start working in the U.S. typically beginning October 1 of the year their petition is approved.


Let’s Discuss How We Can Help You or Your Company

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.

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].