Imagine landing your dream job in the U.S., working for a top company, and building a successful career in a thriving industry. For many skilled professionals around the world, the H1B visa is the key to making that dream a reality.
But getting one? That’s where the challenge begins.
The H1B visa allows highly skilled foreign talent to temporarily work for U.S. employers in specialty occupations. Think software engineers in Silicon Valley, financial analysts in Wall Street firms, and biomedical researchers making groundbreaking discoveries.
If you have a bachelor’s degree or higher in a specialized field or equivalent work experience, you may qualify.
Sounds like a great opportunity, right? It is—but it’s not that simple. Every year, the demand far exceeds the number of these business visas available, forcing applicants to go through a lottery system. Even if you are selected, one small mistake on your application can lead to delays or even rejection.
“So how do I increase my chances of success?” you might be thinking.
You prepare smarter, not harder. And we—business immigration attorneys at Naya Immigration—are here to help you with that. Since the launch of our law firm in 1978, we have helped countless foreign nationals and U.S. employers alike successfully secure H1B visas.
Applying for H1B for the first time? Transferring your visa to a new employer in the U.S.? Renewing your H1B? We can help. Reach out to Naya Immigration today by calling at 650-499-5187 or sending us a message online.
What Is the H1B Visa?
The H1B visa is a nonimmigrant work visa that allows skilled foreign workers to live and work in the U.S. for a specific employer. If you are a highly qualified professional looking for career opportunities in the U.S., this visa could be your ticket to success.
This nonimmigrant visa is designed for specialty occupations, meaning jobs that require specialized knowledge and at least a bachelor’s degree (or equivalent work experience). Common industries that hire H1B skilled workers include technology, finance, engineering, healthcare, and education.
The H1B status is initially valid for three years. However, it can be extended for another three years, allowing you to stay in the U.S. for a total of up to six years. If you decide to pursue permanent residency, many H1B visa holders transition to a green card before their six years expire. Also if you have an approved I-140, Petition for Alien Worker, your H1B visa may be renewed indefinitely until you receive your green card. This makes the H1B visa a common first step for a nonimmigrant worker toward lawful permanent residence in the U.S.
Unlike some other work visas, the H1B is not unlimited. According to United States Citizenship and Immigration Services (USCIS), the U.S. government sets a limit on how many visas can be issued each fiscal year:
- Regular cap: 65,000 visas available for foreign professionals.
- Master’s cap: An additional 20,000 visas for those with advanced degrees (a U.S. master’s degree or higher).
Because demand far exceeds supply, most applicants must go through a lottery system. If you are not selected, you must wait until the next application cycle.
Benefits of the H1B Visa for Foreign Workers
Among all work visa options, the H1B visa is one of the most competitive. Why? Unlike many other business visas, it offers flexibility, career growth opportunities, and even a pathway to becoming a permanent resident.
Let’s take a look at some of the most prominent benefits of the H1B visa and why this visa type might be the perfect choice for you.
- You will work in the U.S.: With this nonimmigrant visa, foreign workers can use their specialized skills to work for top companies in the United States. For many, the U.S. job market offers better career opportunities, higher salaries, and access to cutting-edge industries.
- You can enjoy the flexibility to work for multiple employers: Unlike some other temporary employment visas that lock you into a single employer, the H1B visa allows you to work for multiple employers under certain conditions. As long as each employer files a certified Labor Condition Application (LCA) and an H1B petition, you can work part-time or full-time for different companies.
- You can have guaranteed fair U.S. wages under the prevailing wage determination: The H1B visa has built-in protections to ensure you receive a competitive salary that meets U.S. minimum salary standards. Every H1B employer must file a Labor Condition Application (LCA) with the U.S. Department of Labor. This ensures that (a) the H1B worker earns at least the same salary as a similarly qualified U.S. worker and (b) the salary meets or exceeds the prevailing wage for that job in the location where the worker is employed.
- You can step on a pathway to a green card: The H1B visa offers a unique advantage over many other visa categories—it allows for dual intent. This means that, even though the H1B is a temporary visa, you can still apply for permanent residency (a green card) without affecting your visa status. Because the H1B visa can be extended beyond six years in certain cases while waiting for a green card, it serves as a strong stepping stone to permanent residence in the U.S.
- You will be able to bring your family members with you: Your spouse and children under 21 can come with you on H4 visas. H4 visa holders can live and study in the U.S., allowing your children to attend top U.S. schools. In certain cases, H4 spouses can also work in the U.S.
Ready to take the next step in your U.S. career and build a prosperous future for yourself and your family members? Contact our business immigration attorney at Naya Immigration today for guidance with the H1B visa process.
H1B Visa Application Process
Applying for an H1B visa is anything but easy. It requires careful planning, strong documentation, and a bit of luck with the lottery system.
But don’t worry! The process may sound complicated, but only when you don’t understand how it works. Here’s a breakdown of the H1B registration and filing process from the registration stage to finish.
Step 1: Check Your Eligibility
Before anything else, you need to confirm that you qualify for an H1B visa. This nonimmigrant visa is specifically for specialty occupations, meaning jobs that require specialized knowledge, skills, and at least a bachelor’s degree (or equivalent work experience).
To be eligible, you must:
- Show a valid job offer in a specialty occupation from an employer in the United States
- Have a bachelor’s degree or higher (or equivalent work experience)
- Ensure your prospective employer is willing to sponsor your visa
If your profession falls within fields like technology, engineering, finance, healthcare, or academia, you are in a good position to qualify.
Step 2: Secure a Job with a U.S. Employer
You cannot apply for an H1B visa on your own—you need an employer in the U.S. to sponsor your application. This means you must find a job with a company willing to go through the H1B process.
Here’s how to increase your chances of securing an H1B sponsor:
- Search for jobs on U.S. job portals that frequently hire H1B workers (LinkedIn, Indeed, Glassdoor, etc.)
- Target companies with a history of sponsoring H1B visas (check databases like MyVisaJobs)
- Tailor your resume to meet U.S. hiring expectations and highlight your specialized skills
Once you have secured a job offer, your employer must initiate the H1B petition process.
Step 3: Employer Submits an H1B Lottery Application
Because the demand for H1B visas far exceeds the supply, USCIS conducts an H1B lottery to randomly select applications of skilled workers. The H1B lottery is held once a year, and employers must submit electronic registrations within the designated filing period (usually in March).
If your application is selected in the lottery, your employer can move forward with the full H1B petition. If you’re not selected, you may need to explore alternative visa options or wait for the next year’s lottery.
- Note: Having a U.S. master’s degree gives you an extra advantage, as there is a separate 20,000-visa cap for advanced degree holders.
Step 4: Employer Files a Labor Condition Application (LCA)
If you win the lottery, your employer moves to the next step: filing a Labor Condition Application (LCA) with the Department of Labor (DOL).
This legal requirement ensures that:
- You will be paid the same or higher than U.S. workers in your position.
- Your employment won’t negatively impact U.S. workers.
- Your work conditions comply with labor laws.
The LCA must be approved before your employer can proceed with the H1B petition. This step helps protect foreign workers from being underpaid and ensures fair treatment in the U.S. job market.
Step 5: Employer Files Form I-129 (H1B Petition)
Once the LCA is approved, your employer will file Form I-129, Petition for a Nonimmigrant Worker, with USCIS. This is the official application for your H1B visa. The petition includes:
- Your job offer letter from the sponsoring employer
- A copy of the approved labor certification
- Records from your educational institutions
- Your work experience records
- Supporting documents (resume, employment verification letters, valid passport, etc.)
- Registration fee and supporting paperwork required by USCIS
If you need a fast decision, your US employer can request premium processing, which shortens USCIS’s response time to 15 calendar days (instead of several months).
Step 6: USCIS Reviews the Petition and Issues a Decision
After filing Form I-129, USCIS will review your petition and make one of the following decisions:
- Approval – Congratulations! You can now proceed with getting your visa stamped (if applying from outside the U.S.) or begin working (if already in the U.S.).
- Request for Evidence (RFE) – USCIS may need additional documentation before making a final decision. You and your employer must respond quickly to avoid delays.
- Denial – If denied, USCIS will explain the reason, and your employer may choose to appeal or reapply in the next cycle.
If your petition is approved, your next steps depend on whether you are inside or outside the U.S. The earliest approved start date for an H1B visa is October 1st.
Step 7: Visa Stamping and Travel to the U.S.
If you are already in the U.S., you may not need to attend an interview—you can start working once your H1B immigration status is active (usually in October).
If you are outside the U.S., you must go through consular processing:
- Complete the DS-160 visa application form
- Schedule a visa interview at the U.S. Embassy or Consulate in your home country (you can find the full list of U.S. Embassies and Consulates that process visas on the U.S. Department of State’s website)
- Attend your interview with all required documents (passport, approval notice, employer letter, etc.)
- If approved, receive your H1B visa stamp and prepare to move to the U.S.
Once you enter the U.S., you are officially an H1B visa holder and can begin your job.
How Long Does the H1B Visa Process Take?
The entire H1B visa process typically takes several months:
- March – April: Employers submit H1B registrations for the lottery.
- April – June: Lottery winners file full petitions with USCIS.
- June – September: USCIS reviews petitions and issues decisions.
- October: Approved applicants begin working on H1B status.
If you opt for premium processing, your petition decision can be expedited to 15 days. However, lottery selection and LCA approval still take time, so it’s important to plan ahead and apply early.
H1B Visa Cap and Lottery System
In a sense, the H1B visa program might feel like some sort of fierce sports competition. Every year, thousands of highly skilled professionals from around the world compete for a limited number of spots.
Unlike some other work visas, the H1B is subject to a strict numerical cap, which means that not everyone who applies will be selected. This cap and lottery system, which is one of the top challenges faced by H1B visa applicants, adds an element of uncertainty to the process.
The Annual Cap: Limited Slots, High Demand
Each fiscal year, the U.S. government limits the number of new H1B visas available. As mentioned earlier, 65,000 visas are issued annually for foreign nationals in specialty occupations. However, an additional 20,000 visas are reserved for applicants who hold a U.S. master’s degree or higher.
That’s a total of 85,000 new H1B visas per year. However, this cap does NOT apply to:
- H1B visa holders applying for extensions
- Individuals changing employers on an existing H1B visa
- H1B employees working at certain research institutions or universities (cap-exempt employers)
This means that only first-time applicants are subject to the lottery system, making competition even fiercer for newcomers.
Why Is the H1B Lottery Even in Place?
Since demand for H1B visas far exceeds supply, USCIS conducts a random lottery selection to determine which petitions will be processed for approval.
USCIS receives from 200,000 to 800,000 H1B registrations annually, according to data on the immigration services agency’s website. Let’s not forget that only 85,000 H1B visas are available per year, so only a small percentage of applicants make it through the lottery.
The lottery process is necessary because USCIS simply does not have enough visas to meet demand. It ensures that everyone has a fair chance, but it also means luck plays a role in getting selected.
What Happens If You Don’t Get Selected?
If your H1B registration is not picked in the lottery, you will need to consider other options available under business immigration law:
- Try again next year – Many applicants reapply in the next lottery cycle.
- Explore cap-exempt H1B jobs – Certain employers, like universities and research institutions, can sponsor H1B workers without lottery restrictions.
- Look for other visa categories or work visas – Depending on your qualifications, you may be eligible for an O-1 visa (for individuals with extraordinary ability) or an L-1 visa (for intracompany transfers).
- Pursue a U.S. Master’s Degree – Having a U.S. master’s degree improves your odds in the lottery since you qualify for the additional 20,000 visa cap.
If you are not selected the first time, you might want to work with a business immigration attorney to explore the best options in your specific situation.
H1B Visa Required Documents
When it comes to applying for an H1B visa, paperwork is everything. Immigration officers won’t just take your word for it. They need proof that you meet the qualifications and that your US employer is following all legal requirements.
But what exactly do you need? Let’s break down the essential documents for a successful H1B visa application.
- Form I-129: Petition for a Nonimmigrant Worker: This is the official petition that your employer must submit to USCIS on your behalf. The petition includes details about your job and qualifications, proof that your role qualifies as a specialty occupation, employer information, business details, and supporting documents to establish you meet eligibility criteria.
- Labor Condition Application (LCA) approval notice: Before your employer can file the H1B petition, they must first submit a Labor Condition Application (LCA) to the U.S. Department of Labor (DOL). Once the labor certification is approved, your employer will include the approval notice with your H1B petition.
- Visa fee receipts: Applying for an H1B visa isn’t free—there are several required fees that your employer must pay. These fees include the filing fee for Form I-129, ACWIA fee (to fund U.S. worker training programs), Fraud Prevention and Detection fee, and Premium Processing fee (optional for faster processing).
- Company financial statements: U.S. employers sponsoring H1B visas must prove they are financially stable and capable of paying your salary. This means they may need to provide business documents such as tax returns and financial statements, business registration documents, as well as company brochures, website details, or proof of operations.
- Degree certificates and transcripts: Since the H1B visa requires a bachelor’s degree or higher, you must submit copies of your degree certificates, official transcripts from your university, and credential evaluations (if your degree is from outside the U.S.).
- Resume/CV: Your resume should highlight your education and professional experience, your technical skills and achievements, and your previous work experience in related fields. A well-structured resume helps USCIS quickly understand your qualifications and why you are the right fit for your H1B job.
- Job offer letter: Your job offer letter is your proof of employment in the U.S. It should be on company letterhead and include your job title and job duties, your salary and benefits, your work location, and the length of your employment contract.
- Employer’s business information: In addition to financial records, USCIS may require proof that your employer is a legitimate company operating in the U.S. This may include the Employer Identification Number (EIN), the company’s organizational chart (showing your role in the company), and proof of office space lease or business address.
- Passport: Your passport must be valid for at least six months beyond your intended start date in the U.S. If your passport is close to expiring, it’s best to renew it before submitting your application to avoid complications.
Ensure all forms, supporting evidence, and employer details are accurate and complete. A business immigration attorney can explain business immigration law in plain language, review your application, prevent errors, and address any issues that may arise.
Ready to Start the H1B Visa Process? We Can Help Make Your Application Successful
Don’t leave your application to chance. A single mistake could set you back an entire year.
At Naya Immigration, we don’t just handle visa applications—we help build futures. Our team can ensure your H1B petition is strong, accurate, and positioned for success. From employer sponsorship to final approval, we’ve got your back with our exceptional legal services.
Contact us today to request a consultation with our experienced immigration attorney. Call at 650-499-5187 or visit our contact us page.
Disclaimer
The information on this website is for general information purposes only and does not constitute solicitation or provision of legal advice. Viewing information on this website and/or contacting Naya Law Group, PC does not establish an attorney-client relationship. This blog should not be used as a substitute for obtaining legal advice for any individual case or situation from an attorney licensed or authorized to practice in your jurisdiction.