H-1B Visa

The H-1B Visa is one of the most known and competitive work visas for professionals looking to work in the United States. Designed for roles requiring specialized knowledge, it enables U.S. employers to hire foreign workers in fields like IT, engineering, healthcare, finance, and education.

For employers and employees alike, this is an opportunity to add value and new talent to the workplace. However, with strict eligibility criteria, annual caps, and time-sensitive requirements, it’s important to adhere to the program requirements as tightly as possible.

Who Qualifies for the H-1B Visa?

The H-1B Cap and Lottery System

Navigating the H-1B: Employers and Professionals

Who Qualifies for the H-1B Visa?

The H-1B Visa is for highly skilled professionals filling roles that require at least a bachelor’s degree or equivalent. The job must qualify as a “specialty occupation,” meaning it requires theoretical or technical expertise in a specific field. Common eligible roles include software developers, financial analysts, and medical researchers.

Applicants need to meet the following criteria:

Education: A minimum of a U.S. bachelor’s degree or foreign equivalent.
Specialty Occupation: The role must be directly related to the applicant’s field of study.
Employer Sponsorship: U.S. employers must sponsor the H-1B application and demonstrate that they cannot fill the position with an available U.S. worker.

Employers are also responsible for obtaining a Labour Condition Application (LCA) from the U.S. Department of Labor, which is meant to ensure that the hiring foreign workers does not negatively impact the local workforce.

The H-1B Cap and Lottery System

The H-1B Visa is subject to an annual cap. Each fiscal year, 85,000 new H-1B Visas are issued — 65,000 for regular applicants and an additional 20,000 reserved for those with advanced degrees from U.S. institutions.

Due to overwhelming demand, the U.S. Citizenship and Immigration Services (USCIS) uses a lottery system to randomly select petitions for processing. Employers must file registrations during a specific period each spring, and only those selected in the lottery are eligible to submit complete applications.

Navigating the H-1B: Employers and Professionals

In order to hire foreign talent under the H-1B Visa, employers must prepare for the following responsibilities:

Pay the prevailing wage for the role to ensure fair compensation.
Maintain compliance with immigration laws, including proper record-keeping and reporting changes to the employee’s role or work location.

Small and medium-sized businesses (SMBs) face unique challenges in competing for H-1B talent. With fewer internal resources, it’s critical to prepare detailed and compelling petitions that demonstrate the necessity of hiring a foreign worker. However, with the right professional help, U.S. SMBs can take advantage of this visa to bring aboard world-class talent to increase competitiveness.

For professionals, common pitfalls include mismatched job titles or insufficient evidence of degree equivalency. If selected in the lottery, preparing a thorough petition that includes strong documentation of transcripts, employer support letters, and detailed job descriptions is crucial.

For those already in the U.S. on an F-1 student visa, transitioning to the H-1B is often a natural next step, particularly through Optional Practical Training (OPT). However, maintaining legal status during the transition requires careful attention to deadlines.

Get professional support to file your H-1B petition successfully.

Book a Consultation