The H-1B visa is a nonimmigrant visa that allows U.S. employers to hire foreign professionals for specialty occupations requiring theoretical or technical expertise. This visa is a cornerstone of the U.S. employment-based immigration system, enabling companies to access global talent in fields such as technology, engineering, healthcare, finance, and academia.

To qualify for an H-1B visa, the position must require at least a bachelor’s degree or equivalent in a specific field of study, and the foreign worker must possess the necessary qualifications. The employer must file a Labor Condition Application (LCA) with the Department of Labor, certifying that the foreign worker’s employment will not negatively impact the wages and working conditions of U.S. workers. Once the LCA is approved, the employer can submit an H-1B petition to U.S. Citizenship and Immigration Services (USCIS).

The H-1B visa is subject to an annual numerical cap, with 65,000 visas available for most applicants and an additional 20,000 reserved for individuals holding advanced degrees from U.S. institutions. Due to high demand, the USCIS conducts an annual lottery to randomly select petitions for processing. The lottery process begins with an online registration period, typically held in March, during which employers submit basic information about the applicant and proposed job. Selected registrants are then invited to proceed with filing full H-1B petitions.

Certain employers, such as universities and nonprofit research organizations, are exempt from the cap and the lottery process.

The H-1B visa is an excellent pathway for highly skilled professionals seeking to contribute to the U.S. economy, with options for renewal and potential pathways to permanent residency. Our firm provides comprehensive guidance for both employers and employees, ensuring compliance with all regulatory requirements and maximizing the chances of a successful application.