H-1B Visa in the United States: A Complete Guide
The H-1B nonimmigrant visa is one of the most sought-after employment visas in the United States. It allows qualified foreign professionals to work in “specialty occupations” while enabling U.S. employers to hire international talent with specialized expertise. Because the H-1B visa process involves strict requirements under both the Department of Labor (DOL) and the U.S. Citizenship and Immigration Services (USCIS), navigating it can be challenging. Working with an experienced immigration attorney at Green Card Link is essential to successfully registering and filing an H-1B petition.
What Is the H-1B Visa?
The H-1B visa was created to help American companies access global talent when highly skilled workers are not available in the domestic workforce. This visa category is intended for professionals who hold at least a bachelor’s degree or its equivalent in a specific field of study.
One of the unique benefits of the H-1B visa is its dual intent feature. Although the H-1B is technically a temporary nonimmigrant visa, it also allows foreign professionals to apply for a green card (lawful permanent residency) without jeopardizing their nonimmigrant status.
The H-1B visa has historically been used to fill roles in industries requiring advanced knowledge, such as:
- Engineering
- Information technology and software development
- Medicine and healthcare
- Academic research and teaching
- Law, accounting, and architecture
Why the H-1B Visa Matters
For many foreign professionals, the H-1B visa represents a gateway to building a long-term career in the U.S. and potentially obtaining permanent residency. For U.S. employers, it provides a solution to critical labor shortages in specialized fields.
Choosing the Best H-1B Immigration Attorney
Selecting the right immigration lawyer can make all the difference in your H-1B case. At Green Card Link, its immigration attorneys provide personalized guidance to ensure compliance with all requirements while improving your chances of approval.
Here are five important tips when selecting an H-1B immigration attorney:
- Experience Matters – Work with attorneys who have a proven track record of handling complex H-1B cases. An experienced attorney knows how to anticipate challenges and navigate USCIS procedures.
- Verify Credentials – Ensure the immigration attorney is licensed and in good standing. Reputable attorneys can be verified through the State Bar or other official directories.
- Compatibility and Communication – Immigration is a personal journey. Choose an attorney who is responsive, communicative, and attentive to your goals.
- Understand Legal Fees – Transparency is critical. At Green Card Link, its immigration attorneys explain fee structures clearly and provide reasonable, competitive rates.
- Seek Referrals – Recommendations from trusted colleagues, friends, or online reviews can be valuable in finding an attorney with a history of success.
H-1B Visa Eligibility Requirements
Specialty Occupation Requirement
The offered position must qualify as a specialty occupation, meaning it typically requires a bachelor’s degree or higher. While most roles demand formal education, certain specialized jobs may qualify based on the complexity of duties.
Examples include:
- Engineers
- Professors and researchers
- Medical professionals
- Accountants and attorneys
- Architects
- Fashion models of distinguished merit or ability
Education and Degree Requirements
- The applicant must hold a bachelor’s degree or higher from an accredited institution.
- Foreign degrees must be equivalent to a U.S. degree, which may require an official educational evaluation.
- If no degree is held, work experience can substitute for education, using the rule of 3 years of work experience = 1 year of university coursework.
Employer Obligations Under the H-1B Program
U.S. employers sponsoring H-1B workers must comply with both DOL and USCIS requirements, including:
- Filing a certified Labor Condition Application (LCA) with the DOL before petitioning USCIS.
- Ensuring the foreign worker is paid at least the prevailing wage for the occupation.
- Demonstrating that hiring an H-1B employee will not adversely affect U.S. workers’ conditions.
- Posting notice of the H-1B filing at the worksite.
- Confirming that no strikes, layoffs, or lockouts exist in the field of employment.
- Covering the cost of return transportation if the H-1B worker is terminated before the end of employment.
- Submitting Form I-129 Petition for a Nonimmigrant Worker to USCIS for approval.
Employers must also show they have the financial ability to pay the offered wage and must provide a genuine, documented job offer.
H-1B Visa Guidance from Immigration Attorneys at Green Card Link
At Green Card Link, our immigration attorneys handle a wide range of H-1B applications each year. We are committed to helping U.S. companies bring in top international talent to support growth and innovation. In one of our recent success cases, we assisted a foreign professional with a degree in business management and administration whose H-1B visa extension petition received a Request for Evidence (RFE) while being considered for an IT position in the United States.
During the review, USCIS raised concerns about the employer-employee relationship, whether the role qualified as a specialty occupation, the applicant’s qualifications, the employer’s control over the employee, and the long-term availability of the position.
The immigration attorneys at Green Card Link carefully addressed each issue, providing strong documentation to demonstrate the specialty nature of the position, compliance with wage requirements, proof of a valid employer-employee relationship, and confirmation that the position would remain available throughout the applicant’s stay. The petition was ultimately approved—showcasing the importance of having experienced legal guidance throughout the H-1B process.
H-1B Visa Cap and Lottery System
Each fiscal year, the H-1B visa is limited to 85,000 new visas. These are distributed through a lottery system that operates in two stages:
- Regular Cap – 65,000 visas for applicants with at least a bachelor’s degree.
- Master’s Cap – 20,000 visas for applicants holding a U.S. master’s degree or higher.
Applicants with advanced degrees are entered into both rounds, significantly increasing their chances of selection.
Recent policy updates, such as proclamations introducing new fees for H-1B petitions, may affect employers and applicants. Staying informed and working with immigration attorneys at Green Card Link ensures you are prepared for any changes.
Step-by-Step H-1B Visa Process
- Employer Registration – Employers register for the lottery before the March deadline.
- Lottery Selection – USCIS randomly selects eligible beneficiaries.
- LCA Filing – Employer files a Labor Condition Application (LCA) with the Department of Labor.
- Petition Filing – Employer submits Form I-129 with supporting documents to USCIS.
- USCIS Processing – USCIS reviews and adjudicates the petition.
- Visa Stamping – If approved, applicants outside the U.S. apply for a visa at a U.S. consulate.
- Start Work – Approved H-1B holders can begin employment, typically starting October 1.
This process relies heavily on two elements: sponsorship by a qualified U.S. employer and petition approval by USCIS. Employers must first secure a certified LCA before filing Form I-129 on behalf of the applicant.
If you have been selected in the upcoming H-1B lottery, contact Green Card Link for professional guidance in filing your petition.
Essential H-1B Visa Documents
- Form G-28 – Required when a petitioner is represented by an immigration attorney.
- Form ETA-9035 (LCA) – Filed online through the DOL’s iCert Portal System.
- Form I-129 – Petition for a Nonimmigrant Worker, submitted with the approved LCA and supporting evidence.
- H Classification Supplement – Required attachment to Form I-129.
- H-1B Data Collection & Fee Supplement – Must be fully completed.
- Form I-907 (Optional) – For Premium Processing requests.
If you have been selected in the upcoming H-1B lottery, contact Green Card Link for professional guidance in filing your petition.aPreparing these documents correctly is critical to avoid unnecessary delays or denials. The immigration attorneys at Green Card Link provide full support in gathering, reviewing, and submitting all necessary forms.
Why Work with Immigration Attorneys at Green Card Link?
The H-1B process is highly competitive and complex, with strict requirements and frequent policy changes. Working with immigration attorneys at Green Card Link can make all the difference. We help:
- Navigate legal requirements to ensure your petition is accurate and complete.
- Strengthen your application in a lottery-driven system.
- Reduce risks of delays or denials by addressing potential issues proactively.
- Stay updated on immigration changes so you remain compliant at every step.
H-1B Cap-Exempt Employers
Not all employers are subject to the H-1B annual cap. Certain positions and organizations may apply for H-1B visas at any time of the year without entering the lottery. These include:
- Accredited higher education institutions and their nonprofit affiliates
- Nonprofit organizations tied to universities
- Government research institutions
- Nonprofit research organizations
If your job opportunity falls into one of these categories, immigration attorneys at Green Card Link can help you apply without waiting for the cap.
Alternatives to the H-1B Visa: Exploring Your U.S. Immigration Options
When pursuing employment in the United States, many professionals assume the H-1B visa is the only pathway. While the H-1B program is one of the most common routes, there are numerous alternatives that may better suit your qualifications, goals, and long-term immigration plans. At Green Card Link, our immigration attorneys carefully evaluate every client’s profile to identify the most strategic visa options.
Common Alternatives to the H-1B Visa
- EB-1 Visa – Designed for individuals of extraordinary ability, outstanding professors and researchers, or multinational executives and managers. This first-preference category offers faster green card eligibility compared to other routes.
- EB-2 Visa – For foreign nationals with advanced degrees or exceptional ability. This category also allows for National Interest Waivers (NIW), which can eliminate the need for employer sponsorship if your work is deemed in the U.S. national interest.
- EB-3 Visa – Available to professionals, skilled workers, and other workers in occupations that require varying levels of training and education.
- EB-4 Visa – Reserved for special immigrants, including certain religious workers and other narrowly defined groups.
- EB-5 Visa – Created for immigrant investors who contribute significant capital to U.S. businesses, helping stimulate the economy and create jobs.
- L-1 Visa – Enables multinational companies to transfer executives, managers, or specialized knowledge employees from overseas offices to U.S. branches.
- E-3 Visa – Available exclusively to Australian nationals in specialty occupations.
- TN Visa – Tailored for Canadian and Mexican professionals under the United States-Mexico-Canada Agreement (USMCA).
- O-1 Visa – Ideal for individuals with extraordinary ability in sciences, education, business, athletics, or the arts.
- P Visa – Designed for athletes, entertainers, and artists participating in specific events or programs.
- R Visa – For religious workers employed by nonprofit organizations.
- J-1 Visa – For exchange visitors, trainees, and students who come to the U.S. for educational or cultural exchange programs.
Family Options: H-4 Visa for Dependents
Spouses and unmarried children of H-1B visa holders can apply for an H-4 dependent visa to join their family members in the United States. While H-4 holders are not automatically authorized to work, eligibility for employment authorization may be possible if the H-1B worker has an approved I-140 (employment-based green card petition).
Understanding the H-1B Period of Stay
The initial H-1B visa period of stay is up to three years, with possible extensions for an additional three years, generally capped at six years. Certain exceptions exist under the American Competitiveness in the Twenty-First Century Act (AC21).
If your employer terminates your employment before your authorized stay ends, they are legally required to cover the reasonable costs of your return transportation. If you resign voluntarily, this obligation does not apply. If you believe your employer is not complying, you must notify the USCIS Service Center in writing.
Why Choose Green Card Link for Your Immigration Needs
At Green Card Link, our immigration attorneys bring decades of combined experience helping clients successfully navigate complex business and employment-based immigration cases. Our commitment to client success includes:
- Proven record of handling new H-1B petitions, transfers, and extensions, even for small employers with fewer than 50 employees.
- Efficient, transparent service with flat-fee pricing.
- Timely H-1B petition filings with regular case updates.
- Consultations for qualified H-1B clients to discuss the best immigration strategy.
If you are selected in the 2026–2027 H-1B visa lottery, our immigration attorneys at Green Card Link are prepared to handle your petition with precision and care.
H-1B Attorney Fee at Green Card Link
At Green Card Link, we offer a flat H-1B attorney fee of $2,600, which includes shipping and incidental costs. Please note that this fee does not include responses to USCIS Requests for Evidence (RFEs), if required.
In addition to attorney fees, clients are responsible for USCIS filing fees and premium processing costs. If, after consultation, the H-1B visa is not the right option for you, our immigration attorneys will guide you through alternative visa categories better aligned with your qualifications.
✅ Get started today with an experienced immigration attorney at Green Card Link to explore the best options for your U.S. work visa or green card process.