The H-1B visa is a temporary, nonimmigrant visa administered by U.S. Citizenship and Immigration Services (USCIS). It allows U.S. employers to hire qualified foreign professionals in specialty occupations that require highly specialized knowledge. Under this visa, foreign professionals can live and work in the United States for a specific duration.
Spouses and dependent children of H-1B holders may apply for H-4 dependent visas, which allow them to reside in the U.S. during the H-1B worker’s authorized stay. However, H-4 dependents are not automatically eligible to work unless they obtain a separate Employment Authorization Document (EAD).
The H-1B visa is one of the most sought-after work visas for skilled professionals. Yet, because of widespread misconceptions, both employers and employees often face unnecessary confusion. To help you navigate this complex process, immigration attorneys at Green Card Link debunk the most common myths about the H-1B program.
Myth #1 – H-1B Holders Can Apply for Any Job
Fact: The H-1B visa applies only to specialty occupations—jobs that require a specific set of skills and a minimum of a bachelor’s degree or higher (or its foreign equivalent).
Eligible fields typically include Accounting, Architecture, Arts, Banking, Biotechnology, Business, Computer Science, Engineering, Education, Finance, Healthcare, Marketing, Sales, Social Sciences, Telecommunications, and Theology, among others.
The applicant’s degree must be directly related to the offered position, and the employer must obtain an approved Labor Condition Application (LCA) from the Department of Labor (DOL) before filing the petition.
Myth #2 – The H-1B Visa Is Available Anytime
Fact: The H-1B filing period begins on April 1st of each fiscal year. Petitions are accepted until USCIS reaches the annual cap of 85,000 visas (65,000 regular cap + 20,000 for U.S. advanced degree holders). Due to overwhelming demand, the cap is usually reached within a week of the lottery opening, giving applicants a very narrow submission window.
If your petition is selected and approved, employment may not begin until October 1st of the same year.
Myth #3 – The H-1B Is the Only Work Visa Option
Fact: The U.S. offers several alternative employment visas depending on nationality, occupation, or professional background:
- E-3 Visa – Exclusive to Australian professionals.
- TN Visa – Available to Canadian and Mexican citizens under the USMCA (formerly NAFTA).
- J-1 Visa – For trainees and interns participating in exchange programs.
- L-1 Visa – For multinational executives, managers, and specialized employees transferring within the same company.
- E-1/E-2 Visas – For treaty traders and investors.
- O-1 Visa – For individuals with extraordinary ability or achievement in their field.
If your long-term goal is permanent residency, you may also explore employment-based green cards, which are classified as follows:
- EB-1: Extraordinary ability professionals, outstanding researchers, professors, and multinational executives.
- EB-2: Advanced degree holders, professionals with exceptional ability, or those eligible for a National Interest Waiver (NIW).
- EB-3: Skilled workers, professionals, and other workers with relevant experience.
- EB-4: Special immigrants in specific occupational categories.
- EB-5: Investors who make qualifying investments in U.S. enterprises.
Myth #4 – The 85,000 Cap Applies to All H-1B Applicants
Fact: Not all petitions count toward the annual H-1B cap. Some categories qualify for cap exemption, including:
- Current H-1B holders seeking to transfer employers or extend their stay.
- Employees of nonprofit research organizations, universities, or government research institutions.
- Applicants with U.S. master’s degrees or higher (up to the first 20,000 petitions under the advanced degree exemption).
Myth #5 – Filing the H-1B Petition Is the Hardest Part
Fact: Even after approval, compliance responsibilities continue. Employers must follow USCIS and DOL requirements carefully, including maintaining accurate payroll timing and matching employee start dates with visa authorization periods.
Failure to comply with these rules can trigger audits or penalties. Green Card Link’s immigration attorneys help employers implement compliance protocols to avoid such risks.
Myth #6 – Employers Have a Limit on the Number of H-1B Workers They Can Sponsor
Fact: There’s no limit to how many H-1B employees a company can hire. However, employers that hire a high percentage of H-1B workers may be classified as “H-1B dependent.”
Such employers must follow additional documentation and recruitment requirements when filing future H-1B petitions, including certifying that they made good-faith efforts to recruit U.S. workers.
Myth #7 – Employers Must Always Recruit U.S. Workers Before Filing an H-1B
Fact: Standard H-1B employers are not required to conduct recruitment before filing an H-1B petition unless classified as “H-1B dependent” or “willful violators.”
This confusion often arises from mixing up two different processes:
- PERM Labor Certification – Required for employment-based green cards and includes a mandatory recruitment campaign.
- Labor Condition Application (LCA) – Required for H-1B petitions and involves determining the prevailing wage but not recruitment.
Employers must certify that the foreign employee’s hiring will not negatively affect U.S. workers and that the workplace is not under strike or lockout.
Myth #8 – Premium Processing Increases Lottery Selection Chances
Fact: Premium processing speeds up USCIS’s review of your petition once it’s filed, but it does not improve your chances in the lottery. It:
- Does not guarantee lottery selection or approval.
- Does not allow you to start working before October 1st.
- May be temporarily suspended by USCIS depending on workload.
Still, premium processing can be beneficial for faster results after selection. At Green Card Link, its immigration attorneys can evaluate whether it’s worth using in your case.
How Green Card Link Can Help You Navigate the H-1B Process
The H-1B visa process can be complex, competitive, and time-sensitive. The immigration attorneys at Green Card Link have extensive experience helping both employers and professionals prepare strong petitions, maintain compliance, and avoid common pitfalls.
Whether you’re an employer hiring global talent or a skilled professional pursuing career opportunities in the United States, Green Card Link provides comprehensive guidance every step of the way.
Don’t let misconceptions or missed deadlines stand in your way—contact Green Card Link today to discuss your H-1B visa eligibility and next steps with a qualified immigration attorney.