H-1B visa is the most common employment visa among working experts who prefer working in America. H-1B visa allows American companies to hire employees from overseas working in professions with technical specifications such as information technology, engineering, financial jobs, health-related departments, and science departments. While procuring an H-1B visa USA, the guide provides step-by-step processes to facilitate your obtaining the sponsorship and securing an H-1B effectively.
What We’ll Cover in This Guide:
✔ What is the H-1B visa?
✔ H-1B visa eligibility requirements
✔ How to find an H-1B sponsoring employer
✔ Step-by-step application process
✔ H-1B visa lottery and selection
✔ Visa interview and approval process
✔ Tips to increase your chances of getting an H-1B visa
Let’s get started! 🚀
What is the H-1B Visa?
The H-1B visa USA is a non-immigrant work visa that allows foreign professionals to accept employment in the U.S. in expert-level jobs demanding a bachelor’s degree or more experience.
Key Characteristics of the H-1B Visa
✔ Can be extended for a maximum of 6 years (first 3 years, and then for a further 3 years).
✔ Shall be sponsored by an American employer.
✔ Permits dual intent, so you can apply for a Green Card while remaining in H-1B status.
✔ Is capped at a yearly aggregate of 85,000 visas:
- 65,000 for the overall category of petitioners.
- 20,000 for petitioners whose U.S. degree is a master’s degree or higher.
Since demand for H-1 B visas exceeds availability, candidates must go through an H-1B lottery process to be chosen.
Related – H-1B Visa for Doctors
Step 1: Check Your Eligibility for an H-1B Visa
To apply for an H-1 B visa to the United States, you must be eligible for education, occupation, and employer sponsorship.
Conditions of an H-1B Visa
✔ Sponsorship offer by your employer.
✔ Bachelor’s or higher (or equivalent work experience).
✔ The job should be a speciality occupation, i.e., should have specialized knowledge.
✔ The employer must pay the prevailing wage for the job.
What is a Specialty Occupation?
A speciality occupation requires theoretical and practical application of advanced technical knowledge. Typical H-1B jobs are:
- Software Developers, IT Specialists
- Engineers (Civil, Mechanical, Electrical, etc.)
- Financial Analysts & Accountants
- Doctors, Pharmacists, and Medical Researchers
- University Professors & Scientists
📌 Tip: If you don’t qualify for the H-1B, you might be able to acquire other work visas (L-1, O-1, TN, or E-2 visas) to work in America.
Step 2: Obtain a U.S. Employer’s Sponsorship
Since you cannot apply for an H-1B visa yourself, you must receive an offer from a U.S. employer who will sponsor your visa.
How to Obtain an H-1B Sponsoring Employer?
✔ Job Search among potential H-1B sponsoring employers
- Search job websites like LinkedIn, Indeed, Glassdoor, and MyVisaJobs to find employers who sponsor H-1B visas.
- Search for job postings with “H-1B sponsorship available.”
✔ Check Former H-1B Visa Sponsors
- H1BGrader, MyVisaJobs, and USCIS websites have lists of companies that sponsored H-1B visas in previous years.
- Some top H-1B sponsoring companies are:
- Google, Amazon, Microsoft, Apple, Meta (Facebook)
- Infosys, Tata Consultancy Services (TCS), Cognizant, Deloitte
- Goldman Sachs, JPMorgan Chase, Citibank
✔ Network with H-1B Holders and Placement Agencies
- Network with individuals on LinkedIn who possess H-1B visas and request referrals.
- Visit career fairs and technology conferences where companies hire foreign employees.
📌 Tip: As an international student living in the U.S., you qualify to apply for OPT (Optional Practical Training) or CPT (Curricular Practical Training). Few students on OPT subsequently get H-1B sponsorship from their company.
Step 3: Employer Files H-1B Petition
Your employer, after you are hired, will need to file an H-1B petition with USCIS (United States Citizenship and Immigration Services).
1. Employer Files H-1B Registration for the Lottery
✔ Employers must register the candidates in March when USCIS starts the H-1B lottery.
✔ Each candidate pays a registration fee of $215.
✔ If selected, the employer sponsors Form I-129 (Petition for Non-Immigrant Worker).
📌 Tip: All lottery-winning candidates may not qualify to advance towards the H-1B process.
2. Submit a Labor Condition Application (LCA)
✔ Employer applies for an LCA with the U.S. Department of Labor (DOL).
✔ LCA attests that the candidate is paid the prevailing wage.
✔ LCA processing time: 7-10 days.
Step 4: H-1B Visa Processing Time & Approval
USCIS adjudicates the application on premium or standard processing as soon as the petition is received.
Processing Time for H-1B (Estimated 2024)
The USCIS service centre that processes your application and whether you opt for standard or premium processing will decide how long it will take to process an H-1B visa.
| USCIS Processing Center | Regular Processing | Premium Processing |
| California Service Center | 4-6 months | 15 days |
| Nebraska Service Center | 3-5 months | 15 days |
| Vermont Service Center | 2-4 months | 15 days |
| Texas Service Center | 3-6 months | 15 days |
📌 Premium Processing Fee: $2,500 (Optional, speeds up approval to 15 days).
Step 5: Go for H-1B Visa Interview & Stamping
After your H-1B petition is approved, you will need to go for a visa interview at a U.S. embassy or consulate in your home country.
H-1B Visa Interview Checklist
✔ Passport (Minimum validity of 6 months).
✔ DS-160 Confirmation Page (Visa application form).
✔ Visa appointment confirmation letter.
✔ Form I-797 (H-1B Approval Notice).
✔ LCA & Employer Offer Letter.
📌 Tip: Plan answers to inquiries regarding your line of work, employer, wages, and qualifications.
Visa Stamping Processing Time
✔ Once approved, your H-1B visa stamp will be available within 5-10 business days.
Step 6: Travel to the U.S. and Start Working
Once you receive your H-1B visa stamp, you can enter the U.S. and begin working for your sponsoring employer.
When Can You Enter the U.S.?
✔ You can arrive in the U.S. up to 10 days before your H-1B start date (usually October 1st).
✔ At the port of entry (airport), you must present:
- Passport with H-1B visa stamp
- Form I-797 (H-1B Approval Notice)
- Employment offer letter
- Labor Condition Application (LCA)
📌 Tip: The U.S. Customs and Border Protection (CBP) officer will issue you an I-94 record, which determines how long you can stay in the U.S. under H-1B status. You can check your I-94 validity online.
Recommended For You – H-1B Visa for Spouse
Step 7: H-1B Visa Status Maintenance
Once you start working in the U.S., you must comply with USCIS rules to maintain your H-1B visa status.
Important Rules to Follow
✔ Work only for your sponsoring employer unless you change your H-1B.
✔ Ensure your job title and salary are the same as the approved H-1B petition.
✔ Maintain all legal documents up-to-date, including:
- H-1B Approval Notice (Form I-797)
- Pay stubs and tax returns (Form W-2)
- Employment verification letter
Can You Have a Second Job on H-1B?
🚫 No. You cannot work for another employer unless they also file an H-1B petition for you.
Can You Change Jobs? (H-1B Transfer Process)
✔ Yes! You can transfer your H-1B to a new employer without going through the lottery again.
✔ Your new employer must file Form I-129 (H-1B transfer petition) before you switch jobs.
✔ You can start work with the new employer the moment USCIS processes your transfer petition.
📌 Tip: You have no limitation in terms of transferring your H-1B visa how many times you wish.
Step 8: H-1B Visa Renewals & Extensions
There is a 6-year limit because the H-1B visa is valid for three years and can be renewed for an additional three.
Asking for an H-1B Extension
✔ Before your existing H-1B expires, your employer needs to submit a fresh Form I-129.
✔ You can prolong your Green Card application for a maximum of six years if you currently have one pending.
📌 Extension of H-1B Time Spent Processing:
- Normal Processing: two to six months
- Premium Processing: fifteen days
H-1B Grace Period (In the Event of Job Loss)
✔ You have 60 days to find a new workplace and transfer your H-1B if your current employer fires you.
✔ You have to either change your visa status or depart the United States if you can’t find a job.
Step 9: Conversion from H-1B to Green Card (Permanent Residence)
Several H-1B employees later get a Green Card to remain in the U.S. permanently.
Green Card Choices for H-1B Holders
✔ EB-1 Visa – For employees who possess exceptional ability or managers or executives of large corporations.
✔ EB-2 Visa – For professionals with higher degrees or outstanding ability.
✔ EB-3 Visa – For advanced workers and professionals holding a bachelor’s degree.
Steps to Obtain a Green Card from H-1B
- Employer submits PERM Labor Certification (to demonstrate that there is no available U.S. worker for the job).
- Employer submits Form I-140 (Immigrant Petition for Alien Worker).
- Wait for your priority date to be current (which may take years for Indian and Chinese applicants).
- Submit Form I-485 (Adjustment of Status) to obtain a Green Card.
📌 Tip: Begin your Green Card process early to prevent disruptions in your H-1B status.
Common Issues in Obtaining an H-1B Visa & Solutions
Among the known pitfalls in obtaining an H-1B are shortages under the cap, not documenting properly, and meeting the speciality occupation requirement. To evade these, apply early, document well, and have a savvy employer.
1. H-1B Lottery Selection is Not Guaranteed
✔ Submit applications to multiple H-1B sponsoring employers to enjoy increased chances.
✔ Apply for other visas such as L-1, O-1, or TN in case of not being selected.
2. Rejection of H-1B Visa or RFE (Request for Evidence)
✔ Submit clear evidence demonstrating that your occupation is a speciality profession.
✔ Hire the services of an immigration lawyer to respond to RFEs.
3. Processing H-1 Delays
✔ Pay a Premium Processing fee of $2,500 for faster decision.
4. Job Loss during H-1B Status
✔ Use the 60-day grace period to search for a new employer and seek an H-1B transfer.
Frequently Asked Questions
Q1. How long can I get an H-1B visa for?
Ans:- ✔ Processing for H-1B is 6-12 months, from selection in lottery to approval of petition and stamping of visa.
Q2. Can I apply for an H-1B visa without having a job offer?
Ans:- No. You must have an American employer sponsor your visa first before you apply.
Q3. What if I am not picked in the H-1B lottery?
Ans:- ✔ You might be able to reapply one year later or consider other employment visas (L-1, O-1, TN, etc.).
Q4. Can my spouse work in the U.S. if I receive an H-1B visa?
Ans:- ✔ If your spouse holds an H-4 visa, then he/she can request an H-4 EAD (Employment Authorization Document) if you possess a pending or approved I-140 Green Card petition.
Q5. Can I switch employers once I have been issued an H-1B visa?
Ans:- ✔ You can switch your H-1B visa employer by filing a new Form I-129.
Q6. Can I change my exit from the U.S. on an H-1B?
Ans:- ✔ You can, but you must have a valid H-1B stamp to re-enter the U.S.
Q7. What is the cost of applying for an H-1B?
Ans:- ✔ Employer contributes between $1,710 – $6,460 and the candidate contributes an issuance fee for a visa ($190).
Conclusion
To successfully obtain an H-1B, secure a sponsoring employer early, target H-1B-friendly industries, and stay updated on your petition status. Additionally, focus on long-term plans like visa extensions and Green Card sponsorship.
✔ Secure an H-1B sponsoring employer as soon as possible.
✔ Search for employment in technology, finance, and healthcare in H-1B-friendly companies.
✔ Monitor the status of your petition and perform well on your visa interview.
✔ Plan for long-term H-1B extensions and Green Card sponsorship.
Looking for more news? Sign up for visa news, job announcements, and professional guidance to improve your chances to work in the U.S.