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The H-1B is a US non-immigrant visa that allows US employers to temporarily hire foreign nationals in specialty occupations, roles requiring at least a bachelor's degree or its equivalent in a specific field. It is the primary pathway for skilled professionals such as engineers, software developers, architects, accountants, and doctors to work legally in the United States.
The H-1B is employer-sponsored and tied to a specific job. Changing jobs, roles, or status requires a new or amended petition.
The H-1B process follows seven sequential steps, from initial job offer through US entry. Steps are time-sensitive and driven by the USCIS fiscal year calendar.
The employer identifies a qualifying specialty occupation role and agrees to sponsor the foreign national. The employer must be willing to pay the applicable prevailing wage as determined by the Department of Labor (DOL).
In March of each year, the employer submits an online registration through the USCIS portal. The registration window is typically open for 15-20 days. Each registration requires a filing fee per beneficiary.
When the number of registrations exceeds the annual cap (85,000), USCIS conducts a random computer lottery. First, the 20,000-slot advanced degree exemption pool is selected from US master's degree holders; those not selected re-enter the general pool alongside all other registrants. Selection results are announced via the USCIS online account.
Before filing the I-129 petition, the employer must obtain a certified Labor Condition Application (LCA) from the Department of Labor. The LCA certifies that the employer will pay the prevailing wage; working conditions will not adversely affect US workers, and there is no active strike or lockout at the worksite.
Beginning April 1st, selected employers file the I-129 H-1B petition with USCIS. The petition includes the certified LCA, evidence of the specialty occupation, the beneficiary's educational credentials, and other supporting documents. Optional premium processing is available for a 15-day decision.
USCIS reviews the I-129 petition, which typically takes 3-5 months under regular processing. USCIS may issue a Request for Evidence (RFE) if additional information is needed. Outcomes include approval (I-797 Notice of Action), denial, or in rare cases of revocation.
Once approved, the beneficiary (if outside the US or seeking to travel) applies for an H-1B visa stamp at a US consulate abroad. After stamping, the worker may enter the US no earlier than 10 days before October 1 (the start of the US fiscal year). At the port of entry, US Customs and Border Protection issues an I-94 admission record.
A specialty occupation requires theoretical and practical application of highly specialized knowledge and a minimum of a bachelor’s degree (or equivalent) in a specific field. Common examples include software engineering, architecture, accounting, medicine, law, and scientific research. USCIS evaluates both the role and the employer independently.
Universities and affiliated nonprofit entities, nonprofit research organizations, and government research institutions are cap exempt. Their employees can file H-1B petitions at any time of year without entering the lottery and can begin working as soon as USCIS approves the petition.
Selected registrants receive a notice through the USCIS online system. The employer then has a filing window (typically April 1-June 30) to submit the full I-129 H1B petition with supporting evidence. Being selected does not guarantee approval; USCIS still adjudicates the petition.
No. Spouses and unmarried children under 21 may accompany the H-1B holder on H-4 visas. However, H-4 holders whose principal has an approved I-140 immigrant petition may apply for an Employment Authorization Document (EAD), allowing work for any employer. This policy has been subject to regulatory review, confirm current rules at time of filing.
Premium processing guarantees a decision, which could be approval, denial, RFE, or NOID, within 15 business days. It does not guarantee approval but significantly reduces uncertainty. Available for new H-1B petitions, extensions, and transfers.
A change of status allows someone already in the US on a different non-immigrant visa (such as F-1, L-1, or B-1/B-2) to change to H-1B status without leaving the country. The employer files an I-129 petition with a COS request. If approved, status changes to H-1B on October 1.
Important: COS avoids a consular interview abroad but requires continuous lawful status throughout the process. Traveling outside the US after filing may abandon the COS request.
Any foreign national lawfully present in the United States on a valid non-immigrant status, such as F-1, J-1, L-1, O-1, or B-1/B-2, can request a COS to H-1B through an employer’s I-129 petition. The applicant must maintain valid status continuously until October 1 when the new H-1B status takes effect.
With COS, the worker stays in the United States, and status changes automatically on October 1; no embassy visit is required. With Consular Processing, the worker must leave the US and apply for a visa stamp at a United States consulate abroad before entering the U.S. in H-1B status. Both lead to the same H-1B work authorization.
USCIS automatically extends F-1 status and OPT EAD (if applicable) from the I-20 expiration date until October 1, provided the I-129 COS petition was timely filed and remains pending or approved. Students should confirm their specific situation with a DSO and immigration attorney.
H-1B status is initially granted for 3 years and can be extended for another 3 years, for a maximum of 6 years. Beyond 6 years extensions are only possible if a PERM labor certification or I-140 immigrant petition has been filed, or if a green card is pending.
Extensions filed before current status expires allow continued work under 240-day cap-gap protection while the new petition is pending. Premium processing is available for a faster decision.
Extensions should be filed up to 6 months before current H-1B status expires. Filing early is strongly recommended to address any RFEs. If the petition is filed before expiration, the worker is protected under 240-day cap-gap authorization to continue working while the extension is pending.
Yes, under AC21. If a PERM labor certification has been pending for at least 365 days, one-year extensions beyond the 6-year cap may be available. If an I-140 has been approved but a priority date is not yet current, three-year extensions apply. These can continue until the green card is issued, or the process terminates.
Yes, an H-1B extension must be filed by the same sponsoring employer for the same position. If the job or employer has materially changed, an amended petition may have been required earlier. Extensions with a different employer are effectively transfers.
An H-1B amendment (also an I-129) is required when there is a material change in employment terms, such as a new worksite location in a different MSA, significant change in job duties, or a salary change below the LCA wage. The Simeio decision requires amendments to new worksites even if title and duties are unchanged.
H-1B status is employer-specific. If an H-1B worker wishes to change employers, the prospective employer must file a new Form I-129 petition on the worker’s behalf before employment may begin. Importantly, the beneficiary does not need to be selected in the H-1B lottery again if they have already been counted against the H-1B cap.
Under the H-1B portability provisions, the beneficiary may begin working for the new employer as soon as the new employer properly files a non-frivolous H-1B petition, or as of the requested start date on that petition, whichever is later, provided the beneficiary is otherwise eligible for portability. The beneficiary is not required to wait for USCIS to approve the petition before commencing employment with the new employer.
The H-1B visa stamp remains valid for re-entry regardless of employer change, as long as it has not expired. Always carry the new employer's I-797 approval notice when traveling.
Yes, you may start working for the new employer as soon as the new employer properly files a non-frivolous H-1B petition, or as of the requested start date on that petition, whichever is later, provided the beneficiary is otherwise eligible for portability.
If denied after you have already started working for the new employer, you are generally out of status from the date of denial. It is critical to have an immigration attorney review the petition thoroughly and to respond to any RFE. In some cases, the original employer petition may still be valid if not expired.
No. The H-1B visa stamp in your passport is employer-agnostic. As long as it is valid and unexpired, you can re-enter the US after international travel under any valid H-1B employer. You should carry the new I-797 approval notice from your current employer when re-entering.
Yes. Concurrent H-1B of employment is permitted. Each employer must file its own I-129 petition. Both employers must pay the applicable prevailing wage under separate LCAs. Common in academia combined with part-time consulting or clinical work.
