What Is An H-1B Visa? Everything You Need To Know

Index

• What Is the H-1B Visa and What Changed in 2025?
• New H-1B Visa Rules for 2025
• How to Find a Sponsor Company for the H-1B Visa
• H-1B Visa Application Process (Step-by-Step Guide for 2025)
• H-1B Visa Benefits (2025 Overview)
• H-1B Visa Disadvantages and Recent Challenges
• H-1B Visa FAQs (Frequently Asked Questions)
• Key Tips Before Filing Your H-1B Petition
• Expert Legal Assistance for H-1B Applicants

What Is the H-1B Visa and What Changed in 2025?

If you are a qualified foreign professional looking to work in the United States, the H-1B visa could be the right option for you.

The H-1B visa, also known as the specialty occupation work visa, is a nonimmigrant work visa that allows U.S. employers to hire highly skilled foreign workers in specialized fields such as engineering, information technology, healthcare, finance, architecture, law, and education.

It remains one of the most sought-after U.S. work visas among professionals who wish to advance their careers and gain international experience in the United States.

To obtain an H-1B visa, a U.S. employer must act as a sponsor and file a petition on behalf of the foreign worker.

The process begins with submitting a Labor Condition Application (LCA) to the U.S. Department of Labor (DOL) and is followed by filing Form I-129 with U.S. Citizenship and Immigration Services (USCIS).

Before these steps, however, most applicants must enter the H-1B lottery system, an online registration process used when the number of applications exceeds the annual H-1B cap.

Each fiscal year, USCIS sets an H-1B visa quota of 85,000, with 65,000 visas under the general cap and 20,000 reserved for individuals with a U.S. master's degree or higher.

Since the number of registrations far exceeds the available quota, the H-1B lottery randomly selects which petitions will proceed for review.

Only selected applicants can move forward with the full H-1B visa application process.

Once the petition is approved, the applicant completes a U.S. consulate interview to obtain the visa and can legally begin employment in the U.S. under H-1B status.

New H-1B Visa Rules for 2025

In 2025, several important H-1B visa changes were introduced to increase transparency and tighten eligibility reviews.
Most notably, a new $100,000 application fee was announced under a presidential executive order signed on September 19, 2025.

While this rule is currently in effect, it is being legally challenged in the ongoing Global Nurse Force v. Trump case before the California federal district court.

Other proposed H-1B rule updates include:

• Accepting only full, field-related academic degrees (removing experience-based equivalency).

• Limiting the initial validity period to 3 years, with extensions only if a Green Card process has begun.

• Implementing a weighted H-1B lottery that gives preference to higher-paid and STEM-qualified candidates.

• Employers would be required to pay at least the prevailing wage or higher.

• Employers would be mandated to offer positions to qualified U.S. citizens before filing for H-1B sponsorship.

• Restrict outsourcing and third-party placements, and require special DOL waivers.

• The 50/50 rule limits companies with 50 or more employees to having no more than 50% of their workforce in H-1B or L-1 status.

If implemented, these proposed updates could significantly reshape the H-1B visa application process, increasing costs for employers while prioritizing transparency, STEM graduates, and high-wage positions.

Who Is Eligible for an H-1B Visa? (H-1B Requirements 2025)

To qualify for an H-1B work visa, foreign professionals must meet specific eligibility criteria set by USCIS. These requirements ensure that the H-1B program is limited to individuals working in specialty occupations that require advanced knowledge and a high level of professional skill:

Specialty Occupation Requirement

Typical eligible professions include engineering, information technology, finance, healthcare, architecture, education, and law.
U.S. employers are especially seeking professionals with STEM (science, technology, engineering, and mathematics) backgrounds.

Educational Qualification or Equivalent Experience

Applicants must hold a U.S. bachelor’s degree or a foreign equivalent in a field related to the job.
In certain cases, professional experience may substitute for formal education.
As a general rule, three years of relevant work experience is considered equivalent to one year of college education.
For example, an individual with 12 years of progressive professional experience may qualify for the H-1B visa even without a formal degree, provided that the experience demonstrates specialized knowledge in the relevant field.

Valid Job Offer from a U.S. Employer

An applicant must receive a bona fide job offer from a U.S.-based employer willing to act as the H-1B sponsor.
This employer plays a crucial role in filing the necessary forms with the Department of Labor and the USCIS, as well as initiating the H-1B petition process.

How to Find a Sponsor Company for the H-1B Visa

Finding a reliable H-1B visa sponsor is one of the most competitive parts of the application process.
Foreign professionals can improve their chances by using trusted job search platforms, reviewing the USCIS H-1B Employer Data Hub, and expanding their professional network.

Here are the key steps to help you find a qualified employer for your H-1B visa application:

1. Use Trusted Job Search Platforms

Search for job listings that explicitly mention “H-1B sponsorship available” or “visa sponsorship provided” on platforms like LinkedIn, Indeed, and Glassdoor.
Include relevant keywords in your search, such as “Software Engineer H-1B Sponsorship”, “Business Analyst H-1B Visa”, or “Data Scientist H-1B Jobs in the U.S.”.
On LinkedIn, you can use advanced filters to narrow results by location, company size, and sponsorship availability.

2. Check the USCIS H-1B Employer Data Hub

The USCIS H-1B Employer Data Hub is one of the most valuable tools for applicants.
It provides a database of all companies that have previously sponsored H-1B workers, including information by year, industry, and state.
This allows you to identify employers with an active sponsorship history and target those most likely to file new petitions in the upcoming H-1B visa lottery.

3. Attend Industry Events and Professional Conferences

Networking plays a key role in securing an H-1B sponsor.
Participate in career fairs, conferences, and industry seminars where U.S. employers are recruiting international talent.
Engaging with recruiters directly gives you an advantage, as many H-1B sponsors prefer candidates they meet in professional settings.

4. Leverage Professional and Academic Networks

Referrals are often one of the most effective ways to secure sponsorship.
Reach out to former colleagues, professors, or professional contacts working in the United States.
They can provide introductions to potential employers or share information about companies that sponsor H-1B visas regularly.

5. Contact Employers Directly

Many U.S. companies accept direct applications for roles open to international professionals.
Visit company career pages and check for open positions that mention visa sponsorship.
When reaching out, highlight your specialized knowledge, academic background, and eligibility for H-1B sponsorship.

H-1B Visa Application Process (Step-by-Step Guide for 2025)

The H-1B visa application process starts when the employer files the required Labor Condition Application (LCA) and Form I-129 with USCIS on behalf of the candidate.
Because the program operates under an annual H-1B cap, proper timing, accuracy, and preparation are critical for success.

Below are the key steps involved in obtaining an H-1B work visa in 2025:

1. H-1B Annual Cap and Lottery Registration

Each fiscal year, USCIS opens registration for the H-1B visa lottery.
There are 65,000 standard H-1B visas available under the regular cap and 20,000 additional visas reserved for candidates holding a U.S. master’s degree or higher.

The registration period typically begins in early March and remains open for about three weeks through the myUSCIS system.
If the number of registrations exceeds the annual cap, USCIS randomly selects petitions for processing.

Employers planning to participate in the 2025 lottery should consult an immigration attorney before March to ensure all information and eligibility documentation are complete.

Applying for an H-1B Visa Without the Lottery (Cap-Exempt Employers)

While most applicants must enter the H-1B visa lottery, certain employers and job categories are exempt from the annual cap.
These are known as 'cap-exempt' H-1B petitions and can be submitted at any time of year without participating in the lottery.

The following employers are typically H-1B cap-exempt:

• Nonprofit organizations affiliated with U.S. colleges or universities

• U.S. universities and higher-education institutions

• Nonprofit or government research organizations conducting advanced or public-interest research

If a private company has a formal partnership or ownership link with a qualifying nonprofit or research entity, it may also sponsor H-1B workers through that affiliated organization, bypassing the lottery.
Additionally, employees who already hold cap-subject H-1B status may transfer to a new employer at any time of the year without re-entering the lottery.

Example:
A private tech company that owns or funds a nonprofit research center can employ researchers under that entity’s cap-exempt H-1B sponsorship.

Important: Cap-exempt H-1B petitions are ideal for universities, hospitals, and research labs that need to hire international talent year-round.

2. Submit the Labor Condition Application (LCA)

Before filing the H-1B petition, the U.S. employer must obtain an approved Labor Condition Application (LCA) from the Department of Labor (DOL).

Through the LCA, the employer attests that:

• The offered wage meets or exceeds the prevailing wage for the position and location.

• Hiring the foreign worker will not negatively impact similarly employed U.S. workers.

• Working conditions comply with U.S. labor standards.

The LCA approval process typically takes about seven business days. Once approved, the employer can proceed to the next step.

3. File Form I-129 (Petition for a Nonimmigrant Worker)

After receiving the certified LCA, the employer files Form I-129 with USCIS to formally petition for the foreign employee’s H-1B visa.
The petition package must include:

• The certified LCA

• Proof of the worker’s specialized knowledge and education

• A detailed job description and justification and

• All required supporting documentation.

The petition should clearly demonstrate the applicant’s application of distinguished merit and ability in the offered specialty occupation.
Employers are responsible for paying all applicable H-1B fees, including the Anti-Fraud Fee and ACWIA Training Fee, depending on company size and classification.

4. USCIS Review and Decision

Once submitted, USCIS reviews the petition.
Possible outcomes include:

• Approval (petition accepted),

• Request for Evidence (RFE), or

• Denial if eligibility criteria are not met.

If an RFE is issued, employers must provide additional supporting documentation within the specified time frame. A well-organized petition minimizes the risk of delays or denials. 

5. H-1B Visa Application and Consular Interview

After the Form I-129 petition is approved, the applicant must complete Form DS-160 (Online Nonimmigrant Visa Application) and schedule an interview at a U.S. Embassy or Consulate.

During the interview, the applicant must present:

• A valid passport;,

• The H-1B approval notice (Form I-797), and

• Employment and education records.

Upon arrival in the United States, Customs and Border Protection (CBP) officers review all visa and employment documents before granting entry.

6. Change of Status (If Already in the U.S.)

If the applicant is already in the United States with a valid visa (such as an F-1 or L-1 visa), they may request a change of status after their Form I-129 petition is approved without having to leave the country.

When the new H-1B status takes effect: Once approved, the new H-1B status takes effect on the official start date (typically October 1) or another date designated by USCIS.

Maintaining Lawful Status: Applicants must maintain their current visa status until the H-1B start date. Falling out of status before that time may delay or jeopardize the transition to nonimmigrant work visa status.

Travel Considerations: If you remain in the U.S., a consular interview is not required. However, if you travel abroad after receiving approval, you must obtain an H-1B visa stamp from a U.S. consulate before reentering the United States.

Make Your H-1B Visa Application Stronger

The H-1B visa process can be complex, but you don’t have to navigate it alone.
At Gozel Law Firm, our attorneys guide employers and professionals through every stage of the H-1B process, including lottery registration, petition filing, consular preparation, and Change of Status applications.

Our attorneys also offer pre-registration consultations to assess your eligibility, organize your supporting documentation, and prepare your application before the lottery window opens.

Take the first step toward your U.S. career today!
Book a Consultation

H-1B Visa Fees (Effective FY2026)

The H-1B visa application process involves multiple fees collected by USCIS and related agencies.
These costs vary depending on the size and type of the sponsoring employer.

As of September 21, 2025, under the new presidential proclamation, all new H-1B petitions (new filings) require an additional $100,000 filing fee, regardless of company size.
This additional charge does not apply to extensions or H-1B transfer applications.

* FTE (Full-Time Equivalent): the number of full-time employees used to calculate employer size under USCIS rules.
** ACWIA Fee: the American Competitiveness and Workforce Improvement Act Fee, mandated by USCIS to fund U.S. worker training and education programs.

Example H-1B Cost Calculation

If a small business with 10 employees files a new H-1B petition (without premium processing) and is selected in the H-1B visa lottery, the total USCIS filing cost would be:

• $460: Form I-129 Filing Fee

• $300: Asylum Program Fee

• $500: Fraud Prevention and Detection Fee

• $750: ACWIA Training Fee

• $100,000: New H-1B Filing Fee (Sept 21 2025 Proclamation)

Total = $102,010 (USCIS Government Fees Only)

Important: The $100,000 fee applies only to new petitions and not to H-1B extensions or employer transfers.

Additional Fees

• H-1B Electronic Registration Fee (Lottery): $215

• Premium Processing (15 Days): $2,805 (optional)

• H-4 Dependent Extension / Change of Status: $470

• H-4 Spouse Employment Authorization (EAD): $520 (applicable only in specific cases)

Important Notes

• The above fees represent government filing fees payable to USCIS and related agencies only.
  Attorney fees are not included in these amounts.

• Always refer to the official USCIS fee schedule for the latest updates.

• For details on the $100,000 additional H-1B fee and ongoing litigation, see official USCIS and Federal Register announcements.

H-1B Visa Benefits (2025 Overview)

The H-1B visa USA program offers several major advantages for both U.S. employers and skilled foreign professionals.
As a nonimmigrant work visa, it provides a structured pathway to gain professional experience in the United States while maintaining legal employment status.

1. Prevailing Wage

Under Department of Labor (DOL) regulations, H-1B employers must pay workers at least the prevailing wage for their occupation and location.
This ensures fair pay standards and prevents undercutting the local labor market.

2. Dual Intent

The H-1B visa is one of the few dual intent visas, allowing holders to legally pursue a Green Card (permanent residency) while maintaining their nonimmigrant work visa status.
This provides long-term stability for those planning to transition to permanent residence.

3. H-4 Dependent Visa for Family Members

Spouses and unmarried children under 21 may accompany the principal H-1B visa holder with an H-4 dependent visa.
H-4 dependents can live and study in the U.S. In certain cases, such as when the H-1B worker’s I-140 is approved, they can apply for an Employment Authorization Document (EAD).

4. Long-Term Validity and Extensions

The H-1B visa USA is initially granted for three years and can be extended up to six years.
If a Green Card process is underway, extensions beyond six years may be available under AC21 provisions.

5. Portability

H-1B workers can change employers through an H-1B transfer if the new employer files a valid petition (Form I-129) and obtains an approved Labor Condition Application (LCA).
This enables professionals to pursue better career opportunities without having to enter the lottery again.

6. Equal Employment Benefits

According to the U.S. Department of Labor, H-1B employees are eligible for the same benefits as U.S. workers. These benefits include health insurance, retirement contributions, performance bonuses, and stock options, if offered by the employer.

7. STEM Demand

 The H-1B program helps fill skill gaps in high-demand industries, such as STEM, healthcare, finance, and technology. This strengthens the U.S. workforce and drives innovation across sectors.

H-1B Visa Disadvantages and Recent Challenges

1. Rising Costs and New Rules

Recent H1B news and new H1B rules (2025) have made the process more expensive and administratively complex.
Under the Trump H-1B policy (Trump h1b) a new $100,000 filing fee was introduced, significantly increasing the overall cost for employers submitting new petitions.
This change has raised concerns among small and mid-size companies that rely on foreign talent.

2. Lottery System and Uncertainty

The H-1B visa lottery system has become increasingly competitive.
The new weighted lottery model gives preference to candidates with STEM degrees and high-wage job offers, which shifts the odds away from entry-level or non-STEM professionals.
As a result, the selection process has become more unpredictable and less accessible for many qualified applicants.

3. Complex Application and Higher USCIS Fees

The updated H-1B visa application process now requires more documentation, stricter eligibility verification, and higher USCIS filing fees.
Employers must submit detailed supporting documentation to prove job legitimacy and compliance with prevailing wage standards.
This added burden increases both cost and preparation time for applicants and sponsoring companies.

4. Stricter Eligibility and Compliance Rules

Proposed H-1B visa changes include removing experience-based degree equivalencies, tightening outsourcing restrictions, and enhancing compliance audits.
These adjustments make the H-1B eligibility requirements more selective and may reduce the flexibility previously available to employers in specialized industries.

5. Employer Dependency and Job Security Risks

H-1B visa holders are authorized to work only for their sponsoring employer.
If they resign or are terminated, they must find a new employer willing to file an H-1B transfer petition (Form I-129) within a short 60-day grace period.
Failure to secure new sponsorship may result in the loss of H-1B status and the need to leave the U.S.
This dependency creates uncertainty and job insecurity for many foreign professionals working under the nonimmigrant work visa category.

H-1B Visa FAQs (Frequently Asked Questions)

1. What is the H-1B visa and who is eligible to apply?

The H-1B visa is a nonimmigrant work visa that allows foreign professionals to work in the United States in specialty occupations requiring theoretical or technical expertise.
It is most common among professionals in engineering, information technology, finance, healthcare, architecture, and law. 

Learn more: Eligibility Requirements for H-1B Visa

2. What are the education and experience requirements for the H-1B visa?

Applicants must hold at least a U.S. bachelor’s degree or its foreign equivalent in a field directly related to the offered position.
Equivalent work experience may substitute for formal education. Typically, three years of relevant work experience equals one year of academic study.
Candidates must demonstrate specialized knowledge in their area of employment.

3. Is sponsorship required for the H-1B visa?

Yes. Every H-1B visa application must be supported by a U.S. employer who acts as the visa sponsor.
Employers must submit a Labor Condition Application (LCA) to the Department of Labor (DOL) and file Form I-129 with USCIS.
Foreign professionals looking for H-1B sponsorship can explore the official H-1B Employer Data Hub provided by USCIS to identify companies that have filed H-1B petitions in the past.

4. How does the H-1B visa application process work?

The process begins with the employer filing the LCA and then submitting Form I-129 to USCIS.
If the number of petitions exceeds the annual H-1B cap, USCIS conducts a random lottery selection (H-1B visa lottery).
Only selected petitions proceed to full adjudication and potential approval.

5. What is the annual H-1B visa cap?

Each fiscal year, USCIS authorizes 65,000 standard H-1B visas plus 20,000 additional visas for applicants holding a U.S. master’s degree or higher.
Certain nonprofit research institutions and universities are cap-exempt and can file petitions year-round.

6. How long does it take to get an H-1B visa?

Processing time varies depending on USCIS workload and petition type.
On average, the H-1B application process takes several months.
Employers can request Premium Processing (currently $2,805) to receive a decision within 15 business days. However, expedited processing does not guarantee approval, it only speeds up adjudication.

7. How long is the H-1B visa valid?

The H-1B work visa is initially valid for three years and can be extended to a maximum of six years.
If a Green Card application is in progress, further extensions may be granted under H-1B status.

8. When does the H-1B lottery take place?

The H-1B visa lottery typically occurs in March, with registration handled electronically through each employer’s myUSCIS account.

9. Can I bring my family with me to the U.S.?

Yes. H-1B holders can bring their spouse and unmarried children under 21 under the H-4 dependent visa.
H-4 visa holders can live and study in the U.S. and may apply for work authorization (EAD) if the H-1B principal’s I-140 immigrant petition has been approved.

10. How much does the H-1B visa cost?

USCIS filing fees depend on the employer’s size and petition type.
As of FY2026, new petitions are subject to a $100,000 supplemental filing fee in addition to Form I-129, ACWIA, Fraud Prevention, and Asylum Program fees.
See our detailed H-1B visa fees table above for breakdowns.

11. Can H-1B visa holders apply for a Green Card?

Yes. The H-1B visa is a dual intent visa, meaning holders can apply for permanent residency (Green Card) while maintaining H-1B status.
Most applicants transition through EB-2 NIW or EB-3 PERM employment-based immigration categories.

12. What is an H-1B transfer and can I change jobs?

An H-1B transfer allows a visa holder to change employers without re-entering the lottery.
The new employer must file a Form I-129 petition and obtain a valid LCA approval from the DOL.
Once USCIS receives the petition, the employee can begin working for the new employer under H-1B portability rules.

13. Can I work independently or start my own business on H-1B?

Generally no. H-1B employees can only work for the sponsoring employer listed in their petition.
Running an independent business or freelancing is not permitted unless a separate, approved H-1B entity sponsors your work.

14. Can I study while on an H-1B visa?

Yes. H-1B visa holders may enroll in part-time or full-time education programs as long as it does not interfere with their full-time employment.

15. What happens if my H-1B visa is denied?

If denied, applicants may refile, appeal, or pursue alternative visa categories such as L-1, E-2, or EB-2 NIW.
It is advisable to consult an immigration attorney for the best legal pathway after a denial.

16. What’s the difference between H-1B, H-2B, and H-3 visas?

• H-1B visa: For specialized professional occupations.

• H-2B visa: For temporary or seasonal non-agricultural jobs.

• H-3 visa: For trainees or individuals in structured training programs.

17. What should I expect at the U.S. port of entry?

Upon arrival, Customs and Border Protection (CBP) officers will review your passport, H-1B approval notice, employment offer letter, and supporting documentation.
Always carry copies of your Form I-797 and LCA approval when traveling.

Key Tips Before Filing Your H-1B Petition

• Verify your employer’s LCA certification through the Department of Labor (DOL).

• Ensure Form I-129 and all fees are submitted accurately.

• Keep your job description consistent with your education and experience.

• Track H-1B visa lottery deadlines (typically March registration, April filing).

• Confirm your prevailing wage level before submission.

• Rely only on official sources such as USCIS, DOL, and the Federal Register for updates.

Expert Legal Assistance for H-1B Applicants

At Gozel Law Firm, we guide both employers and employees through every stage of the H-1B visa process, from eligibility evaluation and sponsorship strategy to petition filing, RFE responses, and consular preparation.

If you want to assess your H-1B eligibility or complete pre-registration before the lottery window opens, contact us today.

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