Visa Focus Friday

Welcome to Visa Focus Friday, where we spotlight key employment-based visas in U.S. immigration. Each week, we provide insights into visa categories for foreign workers, helping to navigate the complexities of the immigration process.

​Visa Focus Friday: The H-1B Visa – For Specialized Workers in a Global Economy

This week, we are spotlighting the H-1B visa, a highly sought-after nonimmigrant visa that enables U.S. employers to hire foreign professionals in specialty occupations.  Whether you are a software developer, financial analyst, engineer, scientist, or healthcare provider, the H-1B visa can offer a critical opportunity to live and work in the United States.

What Is the H-1B Visa?

The H-1B visa is a temporary, employment-based visa that allows U.S. employers to employ foreign workers in jobs that require theoretical or technical expertise.  It is designed for individuals with at least a bachelor’s degree (or its equivalent) in a specialized field and is one of the most common pathways for high-skilled professionals to enter the U.S. labor market.

The H-1B visa is typically granted for an initial period of up to three years, with extensions available for a maximum of six years in most cases. 

Who Qualifies?

To qualify for an H-1B visa, several criteria must be met:

• Specialty Occupation: The job must require a bachelor’s degree or higher in a specific specialty field.
• Educational Background: The applicant must hold a U.S. bachelor’s degree or its foreign equivalent in a field related to the position.
• Employer Sponsorship: A U.S. employer must file a petition on behalf of the applicant. Self-petitioning is not permitted.
• Labor Condition Application (LCA): The employer must obtain certification from the U.S. Department of Labor confirming that the job meets wage and working condition standards.

Common Fields for H-1B Employment

H-1B visas are used across a wide range of industries, including:

• Information Technology and Software Development
• Engineering and Architecture
• Healthcare and Medical Research
• Finance and Accounting
• Academia and Education
• Biotechnology and Pharmaceuticals

The H-1B Cap and Lottery System

Each fiscal year, there is an annual cap of 85,000 new H-1B visas:

• 65,000 regular cap
• 20,000 additional visas for individuals with a U.S. master’s degree or higher (the advanced degree exemption)

Due to high demand, U.S. Citizenship and Immigration Services (USCIS) uses a randomized lottery system to select petitions for processing.  Employers must register electronically during a specified window each year, typically in March, to participate in the selection process.

The Petition Process

The H-1B petition process includes several key steps:

1. Employer Registration (during the lottery window)
2. Labor Condition Application (LCA) submission and approval from the Department of Labor
3. Form I-129, Petition for a Nonimmigrant Worker, filed with USCIS
4. USCIS Adjudication and, if approved, visa stamping and entry (if outside the U.S.) or change of status (if inside the U.S.)

Benefits of the H-1B Visa

• Professional Employment: Enables work in high-skilled, high-demand occupations
• Permissible Path to a Green Card: Unlike many other nonimmigrant visa categories, H-1B status permits the holder to pursue permanent residency in the U.S. without jeopardizing their current status. This makes it a strong option for individuals seeking long-term immigration solutions
• Portability: Allows certain workers to change employers if specific criteria are met
• Dependent Benefits: Spouses and children under 21 can accompany the H-1B holder on H-4 visas; eligible spouses may apply for work authorization in certain green card stages

Family Members

pouses and children under 21 can accompany the H-1B worker on H-4 visas. H-4 spouses may apply for work authorization only if the H-1B worker has an approved Form I-140 or has been granted H-1B extensions beyond the six-year limit due to green card processing delays.
Why the H-1B Visa Matters

The H-1B visa plays a critical role in the U.S. economy by bridging the skills gap and enabling innovation across industries.  It allows American companies to compete globally by bringing in highly qualified talent to drive research, development, and growth.

At Stommes Immigration, we understand the challenges and complexities of navigating the H-1B process—from registration to approval, and beyond.  Whether you are an employer planning your workforce strategy or a skilled professional seeking to build your future in the United States, we are here to help every step of the way.
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For strategic guidance or representation, contact us at [email protected]. Let us help you turn professional opportunity into immigration success.

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].