H1B visas are a requirement in the United States under the USCIS Immigration and Nationality Act. This visa allows U.S. employers to temporarily hire and employ workers from foreign countries in specialty occupations.
Is your company struggling to find qualified U.S. workers? The H1B specialty occupations visa allows you to recruit and hire skilled workers from other countries to fill those positions. They must possess highly specialized knowledge and a bachelor’s degree or equivalent work experience.
The H1B visa is a valuable tool for U.S. companies to strengthen their workforce’s knowledge base and skill set. Legal expertise with H-1B visa petitions and requirements prevents frustration and rejected applications.
H1B Visa Rules
For a non-U.S. citizen to work for a U.S. company, the employer must:
- Sponsor the skilled worker
- Offer a job
- Petition for an H-1 B visa with the United States Citizenship and Immigration Services
The approved petition becomes a work permit that allows the worker to obtain a visa stamp and work for that employer in the U.S.
Per a presidential proclamation, the H1B visa lottery system is changing, effective February 27, 2026. Priority is given to workers in specialty occupations with higher wage levels. A $100,000 fee on new H1B petitions.
H1B Visa Requirements
To qualify for an H1B visa, an applicant must meet one of the following educational or professional criteria:
#1: Education and Work Experience
Applicants must have a U.S. bachelor’s degree or higher. This can also be a foreign degree. The degree should be in a field related to the specific job.
Applicants may substitute professional experience using the “3-for-1” rule. Three years of specialized work experience is generally considered equal to one year of university-level education.
Foreign degrees must be evaluated by USCIS to ensure they are equivalent to a U.S. four-year degree.
#2: Professional Licensing and Certification
If the intended occupation requires a state or local license to practice (such as for doctors, attorneys, CPAs, or engineers), the applicant must:
Hold the required professional license or certification before the H-1B petition is filed.
If a license requires a Social Security Number (SSN) or prior entry into the U.S., the applicant must demonstrate that they meet all other requirements to secure the license immediately upon arrival in the U.S.
H1B Visa Process
A U.S. employer who chooses and agrees to hire a skilled foreign employee must file for the H1B visa on behalf of that worker. The employee cannot petition for an H1 B visa on their own.
The employer must file an H1B petition with U.S. Citizenship and Immigration Services. Filing H1B visas is time-sensitive.
Here is the process broken down into simple steps:
- The employer files the application with U.S. Citizenship and Immigration Services (USCIS). Because there are strict deadlines every year, timing is critical. An immigration attorney’s expertise is recommended due to the complexities of visa requirements.
- The employer submits electronic forms to prove that the job being filled meets the labor standards. After Labor Certification approval, the employer officially files an H1B petition.
Both steps incur fees. As these prices can change, the employer needs to check current rates.
What Documents Are Needed for the H1B Application?
The U.S. employer requires certain immigration documents from the worker to complete the H1B visa petition. Supporting documents, such as letters of recommendation and certifications, are helpful in securing H1B visas.
The employee documents required for the H1B petition application are:
- Copy of passport
- Copy of degrees and transcripts
- Letter from current employer
- Copy of previous employment or experience
- Copy of any certifications or related achievements
Pre-Registration Rules & Requirements
H1B visa rules and requirements change over time. Below you will find an illustration of the current H1B Visa process:
H1B Rules & Regulations Explained
In the past, the H-1 B Visa Lottery Process was conducted to meet the 20,000-visa cap.
The petitions not selected in that pool were added to a regular quota pool, and the lottery was conducted on the entire pool to meet the 65,000 H1B cap.
The USCIS reversed the order in which it conducts the lottery.
The H1B Lottery Process – With the newest rules, the first lottery is conducted from the entire pool of registrations to meet the regular quota cap of 65,000, and then the lottery is conducted only for U.S. Master’s or higher degree applicants to meet the 20,000 cap.
They estimate that it will increase the chances of U.S. master’s degree quota applicants by 16%, which is approximately 5,340 additional petitions selected for U.S. master’s degree quota candidates.
See the illustration below, which showcases the lottery process for both the old and new H1B petition process:
The H1B visa process is extensive and very complicated. Not only does it require various pieces of documentation, but it also requires several government forms and applications to be read, completed, and filed correctly. And that is just the beginning!
The filing process also requires extensive knowledge of the ever-changing world of H-1B visa rules and regulations. The process, rules, and requirements for obtaining an H1B visa change frequently. It is highly recommended that you hire an experienced, successful immigration attorney to assist with your H1B visa application.
The Immigration Law Offices of Neelam Bhardwaj PLLC represents corporate and individual immigration clients. We specialize in both complex and routine areas of Employment-Based Immigration and Nationality law.
Reach Neelam Bhardwaj and her team over at The Immigration Law Offices of Neelam Bhardwaj PLLC.
Contact us today for a legal consultation.