How to Apply for an H-1B Visa: A Simple Guide for Employees
Navigating the H-1B visa application process can be complicated, especially with changing laws and regulations. This guide gives you an overview of the steps involved in applying for an H-1B visa, but it’s always advisable to consult with an experienced immigration lawyer to ensure a smooth and successful application.
What is the H-1B Visa?
The H-1B visa allows U.S. employers to hire foreign workers in specialty occupations — jobs that typically require at least a bachelor’s degree in a specific field.
Eligibility Requirements
• You must have a U.S. bachelor’s degree (or foreign equivalent) in a specialized area.
• Your employer must sponsor your application; you cannot apply on your own.
Application Process Overview
1. Employer Registration
Your employer must first register you in the H-1B lottery through the USCIS online portal during the annual registration window.
2. The H-1B Lottery
Because the number of H-1B petitions exceeds the annual cap, USCIS uses a random selection process (the lottery). If you’re selected, your employer can move forward with filing a petition.
3. Labor Condition Application (LCA)
Before filing the petition, your employer must submit a Labor Condition Application to the U.S. Department of Labor. This certifies that you’ll be paidthe required wage and that hiring you won’t negatively impact U.S. workers.
4. Filing the H-1B Petition (Form I-129)
Once the LCA is certified, your employer files the full H-1B petition with USCIS, including documentation about your job, qualifications, and company sponsorship.
5. USCIS Review
USCIS will review the petition. If additional information is needed, they may issue a Request for Evidence (RFE). If approved, you’ll receive a Form I-797approval notice.
6. Visa Stamping & Entry to the U.S.
If you’re outside the U.S., you’ll take the approval notice to a U.S. consulate to apply for your H-1B visa stamp. Once issued, you can enter the U.S. to begin work. If you’re already in the U.S., you may be able to change status without leaving the country.
Why Work with an Immigration Attorney?
H-1B rules are complex and constantly changing. An experienced immigration lawyer can help ensure everything is filed properly, reduce delays, and improve your chances of approval.
Considering an H-1B Visa?
Schedule a free case evaluation with our team to find out how we can support you through the H-1B process.
Heckler Law Group is ready to guide your company through the detailed nature of U.S. immigration to ensure a smooth process. Get started by requesting a free case evaluation, and our team will contact you promptly.
This post is intended for general information purposes only and does not constitute legal advice. You should not act or rely on any information in this post without seeking the advice of a licensed immigration attorney.