The H-1B visa is one of the most sought-after U.S. work visas for skilled foreign professionals. It allows individuals in specialized fields to work in the United States temporarily — and often serves as a stepping stone toward permanent residency through a green card. Its flexibility, portability, and accessible eligibility criteria have made it the most popular nonimmigrant visa for professionals around the world.
Because of its high demand, the H-1B visa process is competitive and time-sensitive. Understanding the requirements, deadlines, and documentation involved can make a significant difference in your approval chances. Below, the immigration attorneys at Green Card Link outline key steps, important updates, and expert tips to help you navigate the H-1B application process efficiently.
Tip: Stay informed and prepared — see the latest H-1B Visa Guide: Lottery, Timeline, and Process Overview from Green Card Link.
Why Early Preparation Is Crucial
Each year, as the H-1B filing season approaches, thousands of professionals and employers rush to meet the strict submission window that typically opens on April 1st. Since the filing period usually lasts only a few days before the annual cap is reached, early preparation is essential to ensure you don’t miss out. With recent changes to the USCIS H-1B selection process, it’s more important than ever to stay organized and compliant.
To qualify for an H-1B visa, two key components must be in place:
- Sponsorship by a U.S. Employer: You must have a valid job offer from a U.S. company willing to file the petition on your behalf. Without an employer sponsor, you cannot move forward with the H-1B process.
- Approved Labor Condition Application (LCA): Your sponsoring employer must obtain an approved LCA from the Department of Labor to confirm compliance with wage and workplace standards.
At Green Card Link, our experienced immigration attorneys assist both employers and employees with every stage of the H-1B process — from preparing documentation and ensuring compliance to maximizing your success in the lottery selection.
Understanding the H-1B Visa Basics
The H-1B visa is designed for professionals in “specialty occupations” — roles that require at least a bachelor’s degree or equivalent experience. These positions commonly include fields such as engineering, architecture, data science, accounting, and information technology. Because eligibility is occupation-based, consulting with an immigration attorney can help determine if your role qualifies.
In previous years, the H-1B cap was reached within just five days, with USCIS receiving nearly 190,000 petitions. Every petition submitted during the open window has an equal chance of selection through the H-1B lottery, but once the quota is filled, no new petitions are accepted.
Key Change in the H-1B Lottery System
The USCIS has recently adjusted the order of its lottery process. The regular cap (65,000 visas) is now conducted before the master’s cap (20,000 visas). This means that applicants holding a U.S. master’s degree may receive two chances at selection — once in the regular cap and again in the master’s cap if not initially chosen. This change increases opportunities for highly educated applicants.
Pro Tip: File as Soon as the Window Opens
Submitting your petition on the first business day of April is one of the most effective strategies to improve your odds. Cap-subject petitions received before or after the designated filing period are automatically rejected. The immigration attorneys at Green Card Link emphasize the importance of early submission and complete documentation to avoid costly delays or denials.
H-1B Cap and Quota Breakdown
For the 2019–2020 season (and similar subsequent years), the USCIS allocates:
- 65,000 visas under the regular cap, and
- 20,000 additional visas under the U.S. master’s cap.
An additional 6,800 visas are reserved for citizens of Chile and Singapore under the Free Trade Agreement.
Exemptions From the Cap
You may qualify for a cap exemption if:
- You have already been counted under the cap in a previous year and have not yet reached the six-year maximum limit.
- You are employed by a nonprofit organization or an institution of higher education.
- You earned a master’s or higher degree from a U.S. accredited public or nonprofit institution.
Because eligibility rules can be complex and school accreditations may change, it’s best to consult with an immigration attorney at Green Card Link to verify your status and eligibility for exemptions.
Common H-1B Visa Challenges
While the H-1B program provides incredible opportunities, certain applicants — especially startups and small business employers — may face additional scrutiny. The USCIS carefully reviews whether the employer has the financial resources and organizational structure to pay the required wage as stated in the LCA.
For entrepreneurs who are also company founders, proving a legitimate employer-employee relationship can be challenging. USCIS may require documentation such as corporate bylaws or a board of directors’ oversight structure to establish that the applicant is genuinely employed and not self-sponsoring
At Green Card Link, our immigration attorneys provide strategic legal guidance and help prepare strong supporting documentation to overcome these challenges and ensure compliance with USCIS requirements.
Get Professional Guidance From Green Card Link
Navigating the H-1B process can be complex — from meeting deadlines and preparing petitions to interpreting the latest USCIS policy updates. At Green Card Link, our dedicated immigration attorneys specialize in employment-based visas and have extensive experience assisting professionals and employers through every stage of the H-1B process.
Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice or establish an attorney-client relationship. For personalized guidance, please schedule a consultation with an immigration attorney at Green Card Link before taking any action.
Top 12 Expert Tips for a Successful H-1B Visa Filing
Increase your chances of H-1B approval with these insider strategies from the immigration attorneys at Green Card Link. Whether you’re applying for the first time or planning a cap-exempt filing, these tips will help you navigate the process with confidence and precision.
Tip #1: File as Soon as the H-1B Window Opens
Every year, the H-1B filing window opens briefly—and competition is fierce. In previous seasons, USCIS accepted applications for only the first five business days before the lottery cap was reached. To maximize your chances, prepare all documentation early and ensure your petition is ready to submit on the first business day of April. Waiting until the last minute could cost you your spot.
Tip #2: Consider Filing Through Multiple Employers
USCIS prohibits duplicate petitions from the same employer for one beneficiary, but you can file with different employers. If you qualify for multiple part-time or full-time roles, filing through separate employers can significantly boost your odds of selection. Once approved, you may later transfer your H-1B to a single employer if needed.
Tip #3: Check for Prior Cap Exemption
Some applicants may not be subject to the annual H-1B quota. If a foreign worker has been previously counted against the cap or is currently employed by a cap-exempt organization, such as a nonprofit university or research institution, they might qualify for exemption. Petitions that typically bypass the cap include:
- Filings for cap-exempt employers (see Tip #10)
- H-1B transfers to new employers
- Extensions of an existing H-1B visa
Tip #4: Prove the Employer Can Pay the Prevailing Wage
The Labor Condition Application (LCA) requires proof that the employer can pay the prevailing wage. Supporting documents such as tax returns, payroll records, or bank statements can strengthen your petition and demonstrate financial credibility. Missing this evidence could lead to delays or denials.
Tip #5: Verify All Addresses and Signatures
Simple errors—like an incorrect address or missing signature—can trigger an automatic rejection. Review every section carefully before submission. The immigration attorneys at Green Card Link can help ensure your forms, supporting documents, and filing fees are all correctly completed and delivered to the proper USCIS service center.
Tip #6: Part-Time Workers Are Also Eligible
The H-1B visa isn’t limited to full-time employment. Professionals who work part-time or for multiple employers can still qualify, provided each employer submits a separate petition. This flexibility allows skilled professionals to diversify their work opportunities in the United States.
Tip #7: Premium Processing Doesn’t Affect Selection Odds
Many applicants mistakenly believe paying for premium processing increases their chances of selection—it doesn’t. Premium processing only speeds up USCIS’s decision on your petition (typically within 15 calendar days) after it’s chosen in the lottery. Consult with an immigration attorney at Green Card Link to determine whether this expedited service is worthwhile for your case.
Tip #8: Match Your Degree with the Job Title
Your H-1B specialty occupation must directly relate to your educational background. For instance, an applicant with an accounting degree should not apply for an engineering role. Mismatched qualifications are among the most common reasons USCIS issues a Request for Evidence (RFE). Choosing a job aligned with your degree helps strengthen your petition and avoids unnecessary scrutiny.
Tip #9: Employers Must Pay the Required USCIS Fees
By law, employers are responsible for most of the mandatory H-1B filing fees. If USCIS determines that the beneficiary paid fees that should have been covered by the employer, it may revoke the visa. However, optional costs like premium processing can be paid by the beneficiary—but only if it’s clearly for their convenience, not the employer’s benefit.
Tip #10: Explore Cap-Exempt H-1B Options
One of the most reliable ways to avoid the H-1B lottery is to apply through a cap-exempt employer. You may qualify if you’re employed by:
- An accredited institution of higher education
- A nonprofit organization affiliated with such an institution
- A governmental or nonprofit research organization
Cap-exempt petitions can be filed year-round, offering flexibility and stability. Be cautious, however—switching from a cap-exempt to a cap-subject employer later requires filing a new petition and entering the lottery again.
Tip #11: Special Considerations for Business Owners
Entrepreneurs must establish a genuine employer-employee relationship to qualify for an H-1B visa. USCIS prohibits self-sponsorship, meaning you cannot file on behalf of yourself as the business owner. To be eligible, your company must have a separate entity—such as a board or executive committee—that controls your employment, salary, and duties. USCIS often reviews such petitions closely to verify legitimacy.
Tip #12: Have an Immigration Attorney Review Your Case
The H-1B process is complex and highly regulated. Small mistakes can result in costly denials or RFEs. Working with experienced immigration attorneys at Green Card Link ensures every form, document, and deadline is handled properly. Your attorney can identify potential issues early, prepare strong supporting evidence, and represent your case if complications arise.
Final Thoughts
Successfully obtaining an H-1B visa requires strategic preparation, timely filing, and meticulous attention to detail. Whether you’re applying as a first-time candidate or exploring a cap-exempt opportunity, partnering with an immigration attorney at Green Card Link can help you maximize your approval potential and achieve your U.S. career goals.
H-1B Visa Frequently Asked Questions (FAQs)
Explore answers to the most common questions about the H-1B visa process for foreign professionals seeking employment in the United States. The immigration attorneys at Green Card Link provide guidance and trusted legal insight to help you navigate each step of the process confidently.
Can a foreign national submit more than one H-1B petition in the same year?
Yes, but only under specific conditions. If you have multiple job offers from different U.S. employers, each employer must file a separate H-1B petition on your behalf. However, USCIS strictly prohibits the same employer from submitting multiple petitions for the same individual in the same fiscal year. Duplicate filings can result in denial or revocation, and USCIS will not refund duplicate filing fees.
Can I work anywhere in the United States with an approved H-1B visa?
While the H-1B visa allows employment across the U.S., your approval is tied to the specific work location listed on your petition. USCIS verifies that your employer meets the prevailing wage requirements for that geographic area. If your job location changes—such as relocating to a new city or state—your employer must file an amended petition reflecting the new worksite before you begin working there.
How can I find a company to sponsor my H-1B visa?
Securing an H-1B sponsor often involves proactive research and networking. You can explore:
- Databases of H-1B sponsoring companies published quarterly by the U.S. Department of Labor.
- Internship-to-sponsorship pathways through American universities or multinational employers.
- Job boards and employment websites where you can filter opportunities that include visa sponsorship.
Be cautious when relying on unofficial sponsor lists from prior years and always verify information through reputable sources.
(Disclaimer: Green Card Link is not responsible for the accuracy of external or unofficial data sources.)
How many checks should be included with my H-1B petition?
According to Form I-129 requirements, each applicable filing fee must be paid to the “U.S. Department of Homeland Security.” Employers may combine the base filing fee and the ACWIA training fee into one check or money order, but the fraud prevention fee and premium processing fee must be submitted separately.
If your employer is subject to the Public Law 114-113 fee, that payment must also be issued as a separate check. Always verify the correct mailing address before sending any documentation to avoid delays.
Which H-1B filing fees must my employer pay?
By federal regulation, the employer must cover both the training fee (when applicable) and the fraud prevention fee. It is unlawful for an employer to require the employee to reimburse or directly pay these costs. If you are asked to do so, contact the immigration attorneys at Green Card Link for guidance before signing any reimbursement agreement.
Does maternity leave or sick leave affect my H-1B status?
No. Taking approved maternity leave, sick leave, or vacation time does not jeopardize your H-1B status as long as you remain employed and on payroll under the terms of your petition.
Can I receive another six years of H-1B eligibility if I previously held H-1B status and later switched to F-1?
You cannot reset your six-year H-1B clock simply by changing visa categories. To qualify for a new six-year period, you must physically leave the United States for at least one continuous year before reapplying for H-1B status. Otherwise, your previous H-1B time will count toward your six-year maximum.
Why do some H-1B petitions take longer to process?
Processing times vary based on the USCIS service center’s workload and the complexity of each case. Even if two petitions are filed simultaneously, they may be approved at different times. Applicants can opt for premium processing to receive a decision within 15 calendar days.
Can I switch to H-4 status if my spouse and I both hold H-1B visas?
Yes. You can apply for a change of status from H-1B to H-4 by filing the appropriate forms with USCIS. Both you and your spouse must maintain valid immigration status during the transition. Until your H-4 application is approved, you should continue working under your current H-1B authorization. For personalized advice on status changes or dependent eligibility, consult with an immigration attorney at Green Card Link.
Where should my employer send the H-1B petition?
The petition must be sent to the direct filing address listed on Form I-129, which varies depending on the location of employment and whether premium processing is requested. The immigration attorneys at Green Card Link can help ensure that your petition package is complete and mailed to the correct USCIS service center.
How Green Card Link Can Help You
At Green Card Link, our experienced immigration attorneys have successfully handled thousands of H-1B petitions and employment-based immigration cases. We offer transparent flat-fee pricing, personalized legal support, and professional guidance from start to finish.
If you need help with the H-1B visa process, or want to explore H-1B filing strategies, contact Green Card Link today for a free initial consultation to evaluate your eligibility.
Additional Services Offered by Green Card Link
Our immigration attorneys also assist clients with a full range of employment-based and family-based immigration matters, including:
- H-1B, E, L, O, P, H-3, J, K, and U visas
- I-130 and I-140 immigrant petitions with I-485 Adjustment of Status
- EB-1 Extraordinary Ability petitions
- PERM Labor Certification with the U.S. Department of Labor
- EB-2 and EB-3 employment-based green cards
- Investment-based visas, treaty trader visas, and EB-5 green cards
Let Green Card Link guide you toward achieving your U.S. immigration goals with confidence and peace of mind.