The H-1B visa allows a U.S. employer to petition for foreign workers in specialty occupations, which require a bachelor’s degree or higher, and the application of specialized knowledge.
ℹ️ The employer has to be the petitioner, not the individual employee.
If approved, you get a three year admission period, and it can be renewed for another three years.
For the H-1B, we must prove that the job requires a bachelor’s degree, and that this degree suits the position. There is no advertising done for this type of visa.
🕐 The main drawback to this visa is that only 64,000 are issued a year, and every year all of the visas are used up. In fact, it is now necessary to apply for a lottery to even be considered. That lottery opens in March of every year. If selected in the lottery, we can proceed to the full application.
🕐 All initial H-1B applications must be submitted around April 1st, for a start date of October 1st.
🛑 Important update: a very large new government charge applies to most new H-1B petitions for workers outside the United States.
A 2025 presidential proclamation imposed a charge of one hundred thousand dollars on most new H-1B petitions filed for workers who are outside the country. A federal court has ruled the charge unlawful, but it remains in effect while the government appeals, and different courts have reached opposite conclusions about it. Employers should confirm the current status of this charge before committing to the H-1B path.
Since August 2026, USCIS does not have to ask you for missing evidence before denying an application. What that means for your filing.