One of the most prevalent work visas in the USA for skilled professionals is the H-1B visa. With this visa, U.S. companies can file for foreign workers in specialty occupations such as Information Technology (IT), Engineering, Finance, Healthcare, and the sciences. In any event, getting the H-1B visa is a multi-step process – registration, filing the petition, the lottery selection process, and approval.
In this blog, we will provide a step-by-step process of the H-1B visa application process, including:
✔ H-1B visa procedure
✔ H-1B registration timeline
✔ H-1B processing time
✔ H-1B process timeline
Let’s get started!
Step 1: Understanding the H-1B Visa and Its Cap System
The H-1B visa is a non-immigrant work visa requiring employer sponsorship in the United States. There’s an annual cap on visas issued:
✔ 65,000 visas against the regular cap.
✔ An additional 20,000 visas for applicants with U.S. master’s degrees or higher.
Demand far outstrips supply, so H-1Bs are issued via a lottery managed by USCIS (United States Citizenship and Immigration Services).
Check Out – H-1B Visa for Lawyers
Step 2: H-1B Visa Registration Process
The H-1B process begins with an online registration system. Here’s what happens:
1. Employers create an Account on the USCIS Portal
- Employers must get an account on the USCIS H-1B registration portal.
- Only United States employers or their lawyers can file registrations.
2. Submit the H-1B Registration
- Employers fill out online registrations for each applicant.
- Registration includes basic information such as the employee’s name, passport number and job title.
3. Pay the H-1B Registration Fee
- The registration fee to file an H-1B is $215 (up from $10 in prior years) per applicant.
4. USCIS Conducts H-1B Lottery (If Needed)
- If USCIS receives more than enough registrations to fill the available visas, it conducts a random lottery.
- Only selected applicants can move on to the next level; unselected applicants must try again next year.
📌 Important H-1B applicable Registration Dates are (2024-2025)
- March 2024 – Open for H-1B registration
- April 2024 – USCIS lottery selection results are released.
Step 3: Employer Files H-1B Petition (Form I-129)
If selected in the H-1B lottery, employers must file one complete petition with the USCIS.
1. Filing a Labour Condition Application (LCA)
There are requirements before the employer can file the H-1B petition:
✔ Submit LCA (Labour Condition Application) with DOL.
✔ Check that the salary that was offered to you is above the average wage for the job posting.
📌 LCA Processing Time: 7-10 days
2. Submitting Form I-129 to USCIS
After this, once the LCA is formally accepted, the staff member submits:
✔ I-129 (Petition for Non-Immigrant Worker).
✔ Supporting documents such as the job description, applicant’s resume and employer details.
✔ Filing fees ($1,710–$6,460)
📌 Processing Time for Form I-129: 2-6 months (or 15 days with Premium Processing)
Step 4: USCIS H-1B Processing & Approval Timeline
After receiving the H-1B petition, USCIS processes the application with regular or premium processing.
1. USCIS Processing Options
✔ Regular Processing: 2 to 6 months, depending on your service centre.
✔ Premium Processing ($2,500 Fee): Decision guaranteed in 15 days.
📌 Processing Time of H-1B Visa (2024 Estimates)
| USCIS Processing Centre | Regular Processing | Premium Processing |
| California Service Centre | 4-6 months | 15 days |
| Nebraska Service Centre | 3-5 months | 15 days |
| Vermont Service Centre | 2-4 months | 15 days |
| Texas Service Centre | 3-6 months | 15 days |
Step 5: H-1B Visa Approval & Next Steps
Once the H-1B petitions get approved, the next step for the applicant is visa stamping and travel to the U.S.
1. H-1B Approval Acknowledgement (Form I-797)
- If they approve the petition, then they issue Form I-797 (Approval Notice).
- The employee is eligible to apply for a visa stamp at a U.S. consulate.
2. Visa Stamping at a U.S. Embassy/Consulate
✔ Book an H-1B visa interview at one of the U.S. consulates in your home country
✔ Bring the necessary documents, including:
- Passport
- Form I-797 (H-1B Approval Notice)
- LCA (Labour Condition Application)
- Employer Job Offer Letter
✔ Attend your visa interview and get your visa stamped.
📌 Visa Stamping Processing Time: 2-4 weeks
Step 6: Entering the U.S. & Starting your Work
Once your H-1B visa is stamped, you can:
✔ Arrive in the U.S. at any time during the 10 days before the start of your employment.
✔ Start no earlier than October 1 (or date listed on Form I-797).
Congratulations! Now you’re authorised to work in the U.S. on an H-1B visa
Must See – H-1B Visa for USA from India
Step 7: Maintaining Your H-1B Visa Status
Once you have your H-1B visa, compliance with the rules set by USCIS in your petition process is key for the legitimacy of your legal status, so what do you need to keep in mind?
1. Follow Your Job Description & Employer’s Terms
✔ You have to work for the employer sponsoring your visa.
✔ Your employer must file an amendment if your job duties change significantly.
2. Keep Your Documents Updated
✔ Save I-797 approval notices, I-94, pay stubs, and tax returns.
✔ Keep an up-to-date passport.
3. Travel Requirements & Reentry
✔ If you are travelling overseas, please make sure that your H-1B visa stamp is unexpired.
✔ Bring relevant documents such as your I-797, LCA and employment verification letter for re-entry.
4. 60-Day Grace Period (If You Lose Your Job)
✔ If you are laid off, you have 60 days to find another employer from whom to file an H-1B transfer.
✔ You must change your visa status or depart the U.S. if you are not offered a new appointment.
Step 8: H-1B Visa Extension and Renewal
The H-1B visa is first granted for three years and can be extended for another three years, so the total maximum stay is six years.
How to Extend an H-1B Visa?
✔ Employer submits a new Form I-129 before your visa expires.
✔ USCIS approves the extension, and then you keep working.
✔ If you’re going abroad, you might need a new visa stamp.
📌 Processing Time for H-1B Extensions:
- Regular Processing: 2-6 months
- Premium Processing: 15 days ($2,500 fee)
H-1B Extensions Beyond 6 Years (Green Card Applicants)
✔ You can extend your H-1B visa beyond six years provided your Green Card (PERM or I-140) process is pending.
Step 9: H-1B Transfer (Changing Employers)
You can always transfer your H-1B visa to another employer, without the Lottery process, if you get a better job offer.
How to Transfer an H-1B Visa?
✔ Receive an offer from a prospective employer.
✔ New employer submits H-1B transfer petition (Form I-129).
✔ You can begin working right after USCIS receives the petition.
📌 H-1B Transfer Processing Time:
- Standard Processing: 2-4 months
- Premium Processing: 15 days
📌 Can I switch jobs multiple times?
✔ Yes, H-1B visas can be transferred as many times as you like.
Step 10: Pathway from H-1B to Green Card (Permanent Residency)
Most H-1B holders apply for a Green Card status so they can become permanent residents in the United States.
1. Employment-Based Green Card Categories
✔ EB-1 – For individuals at the top of their field: think extraordinary ability, internationally recognised researchers, or high-level multinational managers.
✔ EB-2 – Ideal for professionals holding advanced degrees or those with exceptional talent in the sciences, arts, or business.
✔ EB-3 – Designed for skilled workers, professionals with a bachelor’s degree, or other workers performing jobs that require at least two years of training or experience.
2. Steps to Apply for a Green Card
✔ Step 1: The employer files a PERM Labour Certification with the Department of Labour.
✔ Step 2: Submission of Form I-140 (Immigrant Petition) by the employer.
✔ Step 3: Once your priority date becomes current (which can take years for Indian and Chinese nationals).
✔ Step 4: File Form I-485 (Adjustment of Status) for a Green Card.
📌 Important Tip: Ideally, start your Green Card process before you finish 6 years on H-1B in order not to have a gap in your status.
Common Issues & Challenges in H-1B Visa Processing
The H-1B visa process is an important pathway for foreign professional workers to access employment in the U.S., but the maze of the application process can be difficult to navigate. Meeting stringent eligibility requirements, dealing with the erratic lottery system, and managing complicated paperwork are just a few factors that can present major obstacles for applicants and employers alike, often resulting in a delayed or jeopardised approval process.
1. H-1B Denial or RFE? Here’s What It Means
✔ If documentation appears incomplete, the USCIS might issue an RFE.
✔ Common reasons include:
- The job is not a speciality occupation.
- Problems with the employer-employee relationship.
- Wage level concerns.
✔ Solution: There is no doubt that you will need good supporting documents, and to work with an immigration attorney.
2. Delays in H-1B Processing
✔ Regular processing takes several months due to the backlog at USCIS.
✓ If faster approval is required, use Premium Processing ($2,500)
3. H-1B Layoffs & Losing Your Job
✔ If you are laid off, you have 60 days to get a new employer or leave the U.S.
✔ Change to another visa if you cannot find a job (B-2, F-1, O-1, etc.).
FAQs About the H-1B Process
Q1. How long does the H-1B process take from start to finish?
Ans:- The entire process would take 6 to 12 Months. It may vary depending on lottery results, Visa Approval Notice and Stamping time.
Q2. How soon can I work after the H1B is approved?
Ans:- Yes, if you get selected in the lottery, you can work for the new employer from Oct 1st (or whatever the start date is mentioned in the petition).
Q3. Can I submit an H-1B without an employer?
Ans:- No. To sponsor an H-1B, you need a U.S. employer.
Q4. How can I travel outside the US while my H-1B is pending?
Ans:- Do not travel when your H-1B is pending. The petition request may be abandoned if you are no longer in the US (except for a transfer or extension).
Q5. Can my spouse work if I have an H-1B visa?
Ans:- Here’s what you need to know:
- H-4 visa holders (dependents of H-1B holders) are allowed to work only if they have an approved H-4 EAD.
- H-4 EAD is only for H-1B workers who have an approved I-140.
Q6. What if my H-1B visa lapses?
Ans:- Here’s what you can do in such cases:
- You can even request an H-1B extension before the expiration date
- If you are in the green card process, H1B can be extended beyond 6 years.
Q7. Can I change from an H-1B to another visa?
Ans:- Yes! Depending on eligibility, switch to L-1, O-1, TN, or F-1 student visa.
Final Thoughts: Mastering the H-1B Visa Process
In summary, it’s essential to proactively plan to secure and maintain your H-1B visa status in full compliance with USCIS requirements. To improve your chances:
✔ File for more than one H-1B sponsor.
✔ Premium Processing for faster results.
✔ Initiate the First Green Card process early to avoid delays.
✔ Follow changes in USCIS policy.