H-1B
H-1B visas allow US employers to temporarily employ foreign workers in specialty occupations or jobs.
Read about Frequently Asked Questions below.
Case Approvals
General Process
Qualifications: Job offer in "specialty occupation" requiring bachelor's degree or higher, Labor Condition Application (LCA)
Eligibility: Job offer that requires specialty knowledge
Petition: Petitioning U.S. Employer
1. Filing the I-129 Petition – Employer Files the 1-129 (Petition for Nonimmigrant Worker), H1B Petition
2. PERM Approval / Request
3. I-140 (Immigrant Petition)
4. USCIS Processing – Once filed, the petition is reviewed and approved by USCIS.
5. Filing the I-485 Petition – (Application to adjust status)
6. Consular Processing or Adjustment of Status –
- If applicant is outside the U.S.: After I-485 Approval, Consular Processing will occur (Applying at US embassy / consulate)
- If applicant is already in the U.S.: File form I-485 and final interview to adjust their status to permanent resident
FAQ
What is the H-1B cap and how does it work?
There is an annual limit on the number of new H-1B visas issued each fiscal year (October 1 to September 30). The current cap is 65,000 new visas with an additional 20,000 reserved for those with a US master's degree or higher. After the number of applications exceeds available visas, a lottery system will be used to select petitions.
Can I extend my H-1B visa beyond the initial period?
Yes, you can extend the period up to 3 years at a time and for a maximum of 6 years.