Understanding the H-1B Visa Program
For more than a decade, the H-1B visa has remained one of the most sought-after nonimmigrant work visas in the United States. Each year, the demand for H-1B visas far exceeds the annual cap of 85,000, with the lottery often reaching its limit within minutes of opening. For instance, in the 2019 fiscal year alone, nearly 200,000 petitions were filed—an indication that competition for this visa remains fierce and is expected to stay that way for the foreseeable future.
In recent years, government discussions have focused on tightening eligibility criteria, such as setting salary-based thresholds for visa approvals. Because of this evolving policy landscape, both employers and foreign professionals must understand how the H-1B process works to improve their chances of success. At Green Card Link, its immigration attorneys closely monitor these regulatory changes to help clients navigate the system effectively and stay compliant with all Department of Labor (DOL) and USCIS requirements.
What Is an H-1B Visa?
The H-1B visa is a temporary, employment-based classification that allows skilled foreign nationals to work in the United States for a specified period. This visa is available to professionals in specialized fields requiring theoretical or technical expertise, such as engineering, information technology, finance, healthcare, and education.
There are three main categories under the H-1B classification:
- Specialty Occupations – Jobs that require a bachelor’s degree or higher in a specific specialty.
- Department of Defense (DOD) Researchers and Development Project Workers – Positions supporting defense-related R&D projects.
- Fashion Models – Individuals recognized for distinguished ability and merit in the fashion industry.
To apply, an eligible U.S. employer must first offer the foreign professional a qualifying position and agree to sponsor the H-1B petition. Without this sponsorship, the visa application cannot proceed.
For a comprehensive step-by-step overview, see our [H-1B Visa Guide: Lottery, Timeline, and Process] (internal link can be added here).
H-1B Visa Salary Requirements
The H-1B visa salary rule ensures fair compensation for foreign workers and protects U.S. labor standards. The Department of Labor mandates that employers must pay the higher of either the prevailing wage or the actual wage for the position. This requirement guarantees that H-1B employees are not underpaid compared to their U.S. counterparts in similar roles.
It’s important to note that salaries vary significantly by location, occupation, and experience level. For example, technology professionals working in major cities typically earn more than those in smaller regions, reflecting differences in local labor markets.
At Green Card Link, its immigration attorneys guide both employers and foreign professionals through wage determination procedures to ensure compliance and minimize the risk of petition denial.
Prevailing Wage vs. Actual Wage
In the U.S. labor system, wages are classified under several categories—minimum wage, living wage, prevailing wage, and actual wage. For H-1B purposes, two specific wage standards apply:
- Prevailing Wage: According to the DOL, this represents the average salary paid to similarly employed workers in a specific occupation and geographic area. It can be determined through union agreements or public wage databases.
- Actual Wage: This refers to the wage paid by an employer to other employees with comparable experience and qualifications in the same position.
If the actual wage is lower than the prevailing wage, employers must pay the prevailing wage to meet compliance standards. In no circumstance can an H-1B worker be paid less than the established prevailing wage.
Determining the Prevailing Wage
To calculate the prevailing wage, the DOL evaluates data from multiple sources—union contracts, industry wage surveys, and regional economic statistics. The goal is to establish an accurate reflection of the market rate for a given occupation within a particular area of employment. This process helps ensure that H-1B employees receive equitable compensation and that U.S. workers remain competitively protected.
Determining the Actual Wage
The actual wage is determined internally by the sponsoring employer. It depends on the company’s compensation structure for employees in comparable roles, considering education, experience, and job responsibilities. When an employer hires its first H-1B employee for a unique position, determining this wage can be more complex. In such cases, legal guidance from experienced immigration attorneys at Green Card Link can help ensure that the salary offered complies with federal standards.
Average H-1B Visa Salary Data
According to government data, the average H-1B visa salary in 2019 was approximately $89,779 across all industries. In the technology sector, which employs a large share of H-1B professionals, the average was higher—around $93,244. These figures highlight the program’s emphasis on highly skilled roles that contribute significantly to the U.S. economy and innovation ecosystem.
At Green Card Link, our team provides comprehensive H-1B support—from preparing labor condition applications (LCAs) to filing complete visa petitions. Our immigration attorneys work closely with employers and employees to streamline the process, ensure compliance with evolving wage rules, and maximize approval success.
H-1B Visa Requirements
The H-1B visa is one of the most sought-after U.S. work visas, often referred to as a “lottery” because petitions are randomly selected for processing. It is considered one of the more accessible employment-based visas for skilled professionals. Each year, U.S. Citizenship and Immigration Services (USCIS) accepts 85,000 H-1B petitions—including 65,000 from the regular pool and 20,000 from advanced degree holders—and returns the rest with their filing fees.
To qualify, applicants must meet the following H-1B eligibility criteria:
- You must have a valid job offer in a position that qualifies as a specialty occupation under USCIS rules, or you must be working on a Department of Defense (DOD) research and development project.
- Prominent fashion models with distinguished ability are also eligible.
- You must hold at least a bachelor’s degree or higher (or its equivalent) in a field directly related to the offered job.
H-1B Specialty Occupation Jobs
To qualify for a specialty occupation, the position must require theoretical and practical knowledge in a specialized field such as information technology, engineering, finance, accounting, healthcare, mathematics, or science. USCIS uses the following standards to determine whether a job qualifies:
- The minimum entry requirement for the role is a bachelor’s degree or higher, or an equivalent qualification common to the industry.
- The employer normally requires at least a bachelor’s degree (or equivalent) for this position.
- The job duties are so complex or specialized that they can only be performed by someone with at least a bachelor’s-level education in the field.
The Future of the H-1B Visa Program
In recent years, federal regulations and policy adjustments have influenced the H-1B process. Despite these changes, demand for H-1B visas remains strong due to continuous growth in technology, engineering, and healthcare industries.
Historical Filing Trends
Over the past several years, USCIS has received around 200,000 petitions annually, far exceeding the available quota:
- 2016: 233,000
- 2017: 236,000
- 2018: 199,000
- 2019: 190,098
- 2020: 201,011
This trend underscores a consistently high demand for foreign professionals with advanced expertise. As the U.S. economy expands and unemployment declines, companies—especially in the tech and STEM sectors—depend on H-1B talent to fill critical skill gaps. Moreover, the increasing number of international STEM graduates in U.S. universities continues to drive H-1B applications.
H-1B Application Process
USCIS introduced a modernized H-1B registration system beginning in Fiscal Year 2021. Under this system, employers must pre-register their intended H-1B candidates electronically before filing the full petition. This digital step streamlines the lottery and shortens the overall process.
Employers should complete H-1B registrations early in the year, typically before April, to ensure timely submission once the lottery window opens.
Filing Tips for a Stronger H-1B Petition
Because the H-1B visa is highly competitive, preparation and accuracy are key. Consider the following to improve your chances:
- Submit petitions through multiple employers. While a single employer cannot file multiple petitions for the same candidate, you may have separate employers submit independent petitions on your behalf.
- Ensure your documentation is complete and well-supported, including education credentials, professional experience, and a detailed job description that aligns with the definition of a specialty occupation.
H-1B Visa Cap and Predictions
The H-1B visa cap is the congressionally mandated limit on the number of visas issued per fiscal year (October 1 – September 30). The current limit stands at 85,000 total visas, divided into 65,000 regular cap and 20,000 advanced degree exemptions.
Employers may begin filing petitions six months before the start of the fiscal year, typically in April. Because of the program’s popularity, the cap is often reached within days. To avoid missing the window, employers should prepare all materials and register early.
H-1B Cap-Exempt Employers
Some organizations are exempt from the annual H-1B cap, meaning they can file petitions any time of the year. These include:
- Accredited universities and colleges
- Nonprofit research organizations
- Government research institutions
If you currently work for a cap-exempt employer and plan to switch to a for-profit or private employer, your new H-1B petition will fall under the annual cap.
How the Immigration Attorneys at Green Card Link Can Help
With the H-1B program constantly evolving and competition increasing, it’s critical to work with experienced immigration attorneys who understand every nuance of the process. At Green Card Link, our team of immigration attorneys has in-depth knowledge of H-1B visa requirements, specialty occupation standards, and USCIS procedures.
We provide comprehensive legal assistance—from determining eligibility and preparing documentation to responding to Requests for Evidence (RFEs) and guiding employers through compliance.
If you’re seeking professional guidance on your H-1B visa application, schedule a consultation with an immigration attorney at Green Card Link today. Our team is dedicated to helping skilled professionals and U.S. employers navigate the H-1B process with clarity, confidence, and success.