The H-1B Visa Explained:
Everything You Need to Know

What is the H-1B Visa Program?

The H-1B visa is a nonimmigrant classification for individuals working in specialty occupations. These roles typically require at least a bachelor’s degree in a specific or related field or the equivalent in experience. It allows U.S. employers to temporarily hire foreign professionals with the education or credentials needed to perform highly specialized work.

Common fields that qualify as specialty occupations include:

• Biotechnology
• Education
• Engineering
• Computer Sciences
• Management
• Medicine

Does My Employee Qualify for an H-1B?

To qualify for the H‑1B visa, both the position and the individual must meet specific criteria.

H-1B Job Requirements

• The role must require at least a bachelor’s degree in a specific or related field or the equivalent in professional experience.
• The salary offered must meet or exceed the prevailing wage for that occupation and location, as determined by the U.S. Department of Labor (DOL).

Individual Requirements

• The applicant must hold a bachelor’s degree or equivalent in a field directly related to the position.
• USCIS requires an education evaluation when an individual earned a degree outside of the U.S. or holds a credential that is not a traditional four-year U.S. degree. The evaluation confirms that the person’s academic background and experience are equivalent to a U.S. degree.

H-1B Registration and Lottery Process

What is the H-1B Lottery?

Most first-time H-1B petitions are subject to the annual visa lottery. Each year, the government issues 85,000 total visas. This number is broken down into two groups: 20,000 H-1B visas are reserved for individuals with a master’s degree or higher and 65,000 are for all others that qualify.

To enter the H-1B lottery, employers must enter an employee or candidate into the H-1B electronic registration system and pay an associated registration fee.

What Is H-1B Electronic Registration?

Before employers can file an H‑1B petition, they must first complete electronic registration with USCIS. This mandatory online process opens each spring and requires employers to submit basic information about the company and the foreign national they intend to sponsor. USCIS then uses this registration to determine who enters the lottery — and ultimately, who is selected to move forward with filing a full petition.

What is the H-1B Registration Timeline? 

USCIS generally follows the below-estimated timeline during H-1B registration:

• February: Petitioners and registrants can begin creating H-1B registrant accounts.
• Early March: H-1B registration period opens.
• Mid-March: H-1B registration period closes.
• Late March: Date by which USCIS intends to notify selected registrants.
• Early April: The earliest date that H-1B cap-subject petitions may be filed.

Please note that dates may change during future H-1B cap seasons.

What is the H-1B Cap Exemption?

Not all H‑1B petitions are subject to the annual lottery. Certain employers and foreign national workers are eligible for cap exemptions, allowing them to bypass the quota and file year-round. To qualify, the sponsored position must fall into one of the following categories:

• Institutions of higher education
• Non-profit research organizations
• Government research organizations
• Primary or secondary education institutions
• Non-profit entities that engage in established curriculum-related clinical training

Additional examples where the cap exemption applies include:

• Petitions for changes of employer
• An extension with the same employer
• Amendment petitions with no request for extension
• Corrections of previously approved H-1B service errors

These situations typically arise when the H-1B nonimmigrant has already received H-1B nonimmigrant status through the cap lottery process.

H-1B Petition Filing Process

Filing the H-1B Petition

Once the cap opens, USCIS adjudicates H-1B petitions on a first-come, first-served basis. While lottery selection is random and cannot be influenced, employers can improve petition quality by ensuring all documentation is complete, accurate and aligned with H-1B criteria.

After Submitting the H-1B Petition

After submission, USCIS will issue a receipt number and begin reviewing the petition. Before a petition is approved, USCIS may issue a Request for Evidence (RFE) to gather additional information.

Labor Condition Application (LCA) Overview

What is the LCA?

The DOL requires a Labor Condition Application (LCA) for all H-1B petitions. Employers submit the LCA via ETA Form 9035. The LCA certifies that the employer will pay the foreign national employee at least the prevailing wage or actual wage for the position in the specified geographic area and maintain fair working conditions. 

An approved LCA is mandatory before submitting an H-1B petition to USCIS.

LCA Compliance Obligations

The LCA is a major compliance piece for employers. It’s one piece of the H-1B and also one piece of the public access file. As such, it is essential to comply with the conditions certified in the LCA throughout the duration of the H-1B visa petition process; otherwise, penalties may be incurred.

These conditions include:

• Wages and benefits
• Working conditions
• Labor Dispute
• Notices
• Work location

Every LCA filed is available for the public to search via the U.S. Department of Labor’s FLAG system.

LCAs and Remote Work Considerations

LCAs must reflect all work locations, including remote or hybrid arrangements. Employers are required to list home offices as worksites if the employee regularly works from home. This has become a major compliance focus during DOL audits.

What is the Filing Timeline and Process for the LCA?

• Post-Selection Requirement: Once an H-1B registration is selected, the employer (or legal representative) must file the LCA and receive DOL certification before proceeding with the petition
• Processing Time: Typically seven to 10 business days, but delays are common during cap season
• First-Time Filers: Employers who have never filed an LCA must first register with the DOL, which can add time to the process. This step can be completed before electronic registration to avoid delays

Maintaining Public Access Files (PAF)

What is a Public Access File?

Public Access Files (PAFs) are a mandatory compliance requirement for all H-1B employers. They document key wage and working condition details tied to the LCA and must be accessible to the public and available for inspection by the DOL.

Each file must include:

• A copy of the certified LCA
• Documentation of how the wage was determined
• Summary of benefits offered to U.S. workers
• Evidence of required notices (e.g., worksite postings or electronic notifications)

What is a Request for Evidence?

USCIS issues a Request for Evidence (RFE) when a petition lacks sufficient information or needs clarification, typically on Form I‑129. Employers, with their legal counsel, must provide the requested information within the specified timeframe, generally 60 days, or USCIS may deny the petition.

Common H-1B RFEs

According to USCIS, some of the most common reasons for an RFE are:

• Specialty Occupation
• Employer-Employee Relationship
• Evidence of the Beneficiary’s Qualifications
• Maintenance of Status

Impacts of RFEs on H-1B Petitions

When a petition receives an RFE, employers should expect:

• Longer processing times: USCIS responses often take 60+ days, with delays possible during peak periods
• Higher costs: Preparing additional documentation increases both internal workload and external legal fees
• Employee uncertainty: RFEs can create anxiety for foreign nationals awaiting approval to begin or continue work

H-1B Duration and Extensions

• Initial Stay: H-1 B visa holders are typically granted an initial stay of three years.
• Renewal/Extension: Employers may file for an extension to add up to three additional years, for a maximum of six years in H-1 B status.
• Beyond Six Years: In certain cases, foreign nationals who have begun the green card process may be eligible to extend their H‑1B status beyond the six‑year limit.

We recommend that you speak to your attorney if the temporary nature of the assignment changes.

How Much Does the H-1B Cost?

Note: Not all employers pay every fee. Some are exempt based on nonprofit status, cap-exempt eligibility or number of employees.

What Is Premium Processing?

Premium processing is an optional service that expedites USCIS’s review of an H-1B petition. For $2,805, USCIS will either approve, issue an RFE or deny the petition within 15 business days. 

H-1B to Green Card

H-1B holders who have completed select portions of the green card application process may be able to extend their status beyond the six-year max-out date.

We recommend that you speak to your attorney if the temporary nature of the assignment changes.

H-1B Alternatives for Skilled Workers

• The TN visa is an employer-sponsored visa available exclusively to Canadian and Mexican nationals. It allows certain professionals from both countries to work in the U.S. in various designated occupations, including engineers, computer systems analysts and architects.
• The O-1 visa is for accomplished individuals recognized nationally or internationally as extraordinary or outstanding in their field.
• Treaty Visas: Several types of treaty visas are available as an alternative to the H-1B. Two popular options are the E-1 and E-2 visas, as well as nonimmigrant visas for temporary employment in the U.S.
• The E-3 visa is available exclusively for Australian citizens to work in the U.S. in a specialty occupation.
• The L visa can be an effective alternative to the H-1B for U.S.-based companies with offices abroad.

About Envoy Global

We understand that your ability to attract and retain global talent is a business imperative. You need the right talent in the right roles, and you need a partner who can help get you there.

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Reach out today to learn how Envoy Global can support your company’s immigration needs.