Working in the United States of America has become a major attraction for professionals from around the world. Accordingly, the H-1B visa is one of the most preferred options among qualified individuals who want to take part in the USA job market. Below, you will find all the details about what the H-1B visa is, from the application process to the quota system, from the latest updates to alternative visa options.
What is an H-1B Visa?
The H-1B visa is a special work authorization granted to professionals who want to work in qualified positions in the United States of America. Applicants for this visa must have at least a bachelor’s degree. Master’s and doctoral degrees are also considered within this scope. People who specialize in computer science, architecture, law, finance, medicine and many other fields can apply for an H-1B visa and take advantage of career opportunities in the USA.
Visa Quota and Exemptions
Each fiscal year, a main quota of 65,000 people is set for the H-1B visa. In addition, there is an extra quota of 20,000 for candidates with a master’s or doctoral degree in the USA. However, this quota is not limited if your sponsor is a university, an affiliated charity or a government research organization.
In addition, applicants who have previously obtained an H-1B visa and have not completed the 6-year period, and those who have worked outside the USA and have not exceeded the 6-year limit, may be exempted from the quota for visa extension applications. Applicants who change employers also benefit from similar advantages.
H-1B Visa Application Process
H-1B visa applications begin with a lottery in the first week of March. The results of the lottery are announced in about a week after the registrations made with the candidate account created through MyUSCIS. The process for selected candidates is as follows:
- Labor Condition Application (LCA): The employer submits the LCA form to the USA Department of Labor (DOL), committing to pay similar wages to the candidate and employees in equivalent positions.
- Form I-129: Once the LCA is approved, the employer submits the I-129 form (nonimmigrant worker petition) to USCIS.
- Online Application: Following I-129 approval, applicants begin the online application process by completing the DS-160 form and then make an appointment at the USA consulate or embassy.
At the time of application, documents such as passport, DS-160 confirmation page, application fee receipt, appropriate photograph and receipt number on the I-129 form are important parts of the preparation process.
Visa Duration and Extension Options
The H-1B visa is usually granted for 3 years in the first instance, which can be extended for an additional 3 years under appropriate circumstances. The duration of the visa may vary from person to person, and in some cases, additional exemptions may apply.
For more detailed information, you can visit the USCIS H1-B Specialty Occupation page. This visa offers an ideal opportunity for professionals who have worked outside the USA, gained experience in their field of expertise, and want to bring their skills to the USA.
What’s New in the Program
In December 2024, USCIS announced significant changes to modernize the H-1B program. These innovations include:
- Digitization of the application process,
- More flexible practices for changes of employer,
- New oversight mechanisms to strengthen the integrity of the program,
- Increased transparency in the assessment process.
These regulations will take effect as of the 2025 H-1B lottery period, and new filing fees will be applied as of April 1, 2025.
Alternative Visa Options
Due to the high demand and limited quota for the H-1B visa, professionals may also consider other visa categories. These include:
- L-1 Visa: Suitable for executives and specialized employees sent to the USA branches of international companies as part of an intra-company transfer.
- O-1 Visa: For individuals who have demonstrated outstanding achievement in the sciences, arts, education, business or sports.
- E Visas: E-1 (trade) and E-2 (investor) visas offer alternative options for business people from certain countries.
- EB Categories (EB-1, EB-2, EB-3): These options cover employment-based immigration pathways that allow for direct green card application.
As each visa category has its own unique terms and requirements, it is advisable to seek advice from an experienced immigration attorney to determine the best option for your personal situation.
The H-1B visa opens an important door for international professionals who wish to enter the skilled workforce in the United States. Considering all the details and possible updates that need to be considered during the application process, getting support from an experienced consultant will increase the chances of your application being successful.
You can contact us via info@marsanakguclaw.com for all kinds of application preparation, process management and questions.