H-1B Visas
Short Answer
The H-1B visa is a non-immigrant visa that allows foreign workers to temporarily work in the United States in specialty occupations requiring specialized knowledge and a bachelor’s degree or higher. It is commonly used by U.S. employers to hire skilled workers from abroad when they cannot find suitable candidates domestically. The visa is subject to an annual cap and a lottery system due to high demand. H-1B visa holders can stay in the U.S. for up to six years and may bring their immediate family members with them.
Employers in the United States may face challenges in finding skilled employees in areas that need specialized knowledge and education. For some jobs, skilled workers in other countries can legally work in the U.S. under an H-1B specialty occupation visa.
Not all workers are eligible for H-1B visas, even with specialized higher education and training. If you are an employer looking for specialized workers or you want a visa to work in the U.S., contact an immigration law attorney for legal advice about H-1B visas.
What Is an H-1B Visa?
The H-1B classification is for workers in specialty occupation fields. H-1B workers have the ability to work on some defense research and development projects, or those working as fashion models with distinguished ability or merit.
Under federal regulations, employers must pay H-1B nonimmigrant workers the higher of either the prevailing wage or the “actual wage” (what they pay similarly skilled U.S. workers in the area).
Who Is Eligible for an H-1B Visa?
Only certain jobs are eligible for an H-1B visa as a specialty occupation. These jobs fall into three general visa categories:
- Specialty occupations: These jobs generally require a bachelor’s degree or higher and a “theoretical and practical application of a body of highly specialized knowledge.”
- Department of Defense (DOD) researcher and development project worker: This visa petition requires a verification letter from a DOD project manager.
- Distinguished fashion model: This position is only for prominent and distinguished fashion models.
Generally, a U.S. employer wishing to sponsor a foreign worker will apply for an H-1B visa, submit the supporting documents, and pay the visa application filing fees.
What Is the H-1B Visa Lottery?
There is a lottery system for the H-1B visa program. The lottery randomly selects visa applicants for H-1B approval notice. There are often more applicants than visas available under the annual visa cap. For fiscal year 2026, the government had received enough H-1B applications to meet the cap of 85,000 visas. This includes 65,000 regular H-1B annual cap and 20,000 advanced degree H-1B workers.
The H-1B cap doesn’t limit some H-1B employers. Cap-exempt employers include government research organizations, nonprofit universities, and nonprofit research organizations.
How Long Does It Take to Get an H-1B Visa?
Hundreds of thousands of people file for H-1B petitions every year. The U.S. Department of Labor (DOL) and the U.S. Citizenship and Immigration Services (USCIS) must approve Labor Condition Applications (LCAs) and visa applications. The process involves multiple agencies: The DOL must first review and certify the LCA, after which the employer files a petition (Form I-129) with U.S. Citizenship and Immigration Services (USCIS) for approval.
How Long Can I Stay in the U.S. on an H-1B Visa?
For most H-1B visa holders, the initial stay is up to three years. H-1B employees can often get an extension to stay another three years. However, the maximum for most workers with H-1B status is six years.
Can I Bring My Family to the U.S.?
Some family members, such as your spouse or any children under 21, may be eligible to come to the U.S. based on your employment-based visa. The U.S. Department of State Form DS-160 is the standard online non-immigrant visa application required for all individuals, including the primary H-1B worker and their H-4 spouses and children, seeking a visa stamp at a U.S. embassy or consulate.
In some cases, your spouse may be able to get employment authorization to work legally in the U.S. during your stay on an H-1B visa. For eligibility and to apply, see Form I-765, Application for Employment Authorization.
Can I Get a Green Card After an H-1B Visa?
The H-1B visa is a non-immigrant visa, which means it’s designed to be temporary. There is a limited period of stay with non-immigrant status. If you want to eventually become a lawful permanent resident (LPR), known as a green card holder, you can apply for an immigration adjustment of status while you are lawfully present in the U.S.
To get a green card while in the U.S. on a temporary work visa, you must ensure you are eligible to be a permanent resident. There are different types of green card eligibility, including:
- Family
- Employment
- Victim of abuse
- Refugee or asylee
You may be able to get a green card based on your profession. The priority preference can depend on your abilities, advanced education, national interests, investments, or a specific profession. If you have a family member who becomes a permanent resident or U.S. citizen, you may also be eligible for a green card.
How Can I Get Help With an H-1B Visa?
Getting an H-1B visa can be frustrating because of the long processing times, lottery, and changing employment market. If you tried to get H-1B sponsorship visas for foreign employees, but your application was denied, an attorney can help you understand why you were denied and ways to improve your chances for the next petition.
If there are problems with U.S. immigration officials, an experienced H-1B visa attorney can represent you in the application process.
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