Employment-based immigration
H1B Visa: Everything You Need to Know
The H1B visa is the most popular work visa in the U.S. because of its low and “simple” qualification criteria. This visa category applies to a wide variety of professions and typically only requires a bachelor’s degree. In this H1B visa guide, you'll learn everything you need to know about the H1B visa requirements, processing time, and costs.
By:
Chelsea Spinos
Reviewer:
Simon Craven, Esq.
8 min read • Feb 27, 2024
Key takeaways
H1B visa is for people coming to work in certain professional jobs in the U.S.
Typically, H1B visa sponsorship jobs require a related bachelor’s degree.
Since demand for work visas in the U.S. is so high, there is an annual H1B visa lottery for everyone exempt H1B cap exempt employers.
You can go from H1B to green card to get permanent residency in the U.S.
H1B visa lawyers at Manifest Law can help you prepare the full package of documents and will help you avoid common mistakes when submitting an application
The H1B visa is one of the most popular work visas in the U.S. It is a temporary non-immigrant visa and applies to a wide variety of professions that count as “specialty occupations” (list below). H1B visa sponsorship jobs are ones that typically require a bachelor’s degree, such as Architects, Chemists, Economists, Software Engineers, or Lawyers.
While many are eligible for H1B visa sponsorship, a challenge lies in the limited supply, known as a "cap," and the high demand. To address this, an annual lottery is conducted to select applicants. If you're fortunate enough to be selected, the H-1B visa is an excellent pathway for living and working in the U.S.
In recent years, the chances of getting picked in the H1B visa lottery have been approximately ~25%
*changes every year depending on the number of lottery participants
Simon Craven
Managing Attorney Immigration. Manifest Law
The H1B visa is an excellent option for several reasons:
Eligible H1B sponsorship jobs usually require a bachelor’s degree and usually include most regular professional jobs.
Unlike the EB3 PERM process, the H1B visa doesn’t require a lengthy labor certification process
The spouse visa for H1b holder is available, which means your family can join you in the U.S.
You don't need "Extraordinary Ability," as required for an O1 visa.
Typically, you can stay in the U.S. for up to 6 years.
You can even go from an H1B visa to Green card!
Given these benefits, it's no wonder people across different professions seek H1B visa sponsorship for working in the U.S.
The U.S. congress imposed a limit on the number of H1B visas at 65,000 per year. There is an extra allocation of 20,000 visas for people with U.S. advanced degrees.
H1-B sponsorship is typically for jobs in specialty occupations. These are roles that require some highly specialized knowledge and at least a bachelor’s degree or its equivalent.
Take a look at some H1B visa sponsorship jobs below:
Tech
Medicine
Finance
Education
Law
Journalism
Architects
Consulting
Science
Manifest immigration lawyers will help you register in an H1B visa lottery and will submit the strongest evidence package if you get selected
Now that we've established that the H-1B visa is for professionals working in specialty occupations in the U.S. (you know, jobs requiring a bachelor’s degree), let's talk about proving that you qualify for the job.
To prove that you meet the H1B visa requirements, you'll need to show that you have the required education. This often means providing a copy of your degree and transcripts to confirm your major.
💡 Manifest Tip: There are no specific nationality requirements – people from any country can apply for an H1B visa!
What if I got my bachelor’s degree outside of the U.S.?
The good news is, you can still qualify for an H1B visa if your degree is on par with a U.S. degree.
To prove this, you'll need a "credentials evaluation" from an expert, usually a college professor. They'll assess your degree against a U.S. standard and share their opinion on its equivalency.
Typically, a 4-year bachelor’s degree from a foreign university is considered equivalent to a U.S. one. But, in some cases (like India's 3-year programs), additional confirmation might be needed.
The evaluator will take a look into all your coursework, comparing it to what's required for an equivalent U.S. degree.
Once they confirm your foreign degree is equivalent, you're good to go!
What if I don’t have a U.S. bachelor’s degree, but I have a lot of work experience?
If you find yourself not fully meeting the H1B visa requirement of having a bachelor’s degree, there's still a pathway through your work experience.
Enter the "3 for 1" H1B visa rule.
To assess if your experience compensates for the missing degree, USCIS applies the "3 for 1" rule. Simply put, 3 years of specialized training or work experience can stand in for each year of college-level education that is missing.
Here's a quick example: if you have more than 12 years of experience through specialized training and work, you could have equivalent to a 4-year bachelor’s degree.
But, of course, you'll need to provide evidence to back this up. Collect detailed employment or training verification letters covering all relevant experience. Then, an expert, like a college professor in the field, will evaluate your experience to confirm its equivalency.
💡 Manifest Tip: The “3 for 1” rule does not apply in the “PERM”- based green card process, so keep this in mind if you apply for a green card later on!
There are three key steps to the H1B visa process. Let’s break down each one.
Step 1: Register in the H1B Lottery 2024
Each year, there's a limit, often referred to as the "cap," on the number of H1B visas granted.
Since there is more demand than supply, USCIS holds an annual H1B visa lottery, where companies must register employees who they want to sponsor for an H1B visa. If selected, the company can then submit a H1B visa application on their behalf.
The overall limit for H-1B visas is set at 85,000 annually by U.S. immigration law. This pool is divided into three categories:
Regular Cap (65,000 visas for most applicants),
Advanced Degree Cap (an additional 20,000 visas for those with a master’s degree or higher earned in the U.S.), and
Chile-Singapore Free Trade Agreement Cap (allowing 6,800 visas annually exclusively for applicants from Singapore and Chile).
Unfortunately, the odds of selection have been on the decline as more individuals apply in recent years.
H1B Cap Fiscal Year
2021
2022
2023
2024
Total Registrations
274,237
308,613
483,927
780,884
Selections
124,415
131,924
127,600
188,400
Manifest Law©️. Learn more on www.manifestlaw.com
💡 Manifest tip: It's very important to correctly register in a visa lottery. Our H1B attorneys will do that for you for a small fixed fee starting at $500 per person.
Is there any way to get an H-1B visa without going through the lottery?
Certain employers, like universities and nonprofit research organizations, are H1B cap exempt. This means they don't need to enter the lottery to apply for H1B visas for their employees.
An institution of higher education qualifies as H1B cap exempt if it meets the following requirements:
Is a public or nonprofit institution
Is licensed to provide post-secondary education
Admits graduates from secondary education
Offers educational programs granting bachelor’s or associate’s degrees
Nonprofits can also be H1B cap exempt if they meet at least one of the following requirements:
Connected with an institution of higher education through shared ownership or control by the same board
Attached to a higher institution as a member, branch, cooperative, or subsidiary
Operated by an institution of higher education
Has an agreement for research or education purposes with the institution
💡 Manifest Tip: H1B application deadline submission is March 22, 2024 at 12pm EST this year.
Step 2: Check H1B lottery results
After entering in the H1B lottery, you are going to wonder how to check H1B lottery results. Every year, the H1B lottery results are published on USCIS website
When will H1B lottery results be out 2024?
H1b lottery results will be published on April 17th, 2024 on USCIS website.
Make sure to check it frequently.
Step 3: The Labor Condition Application (LCA)
💡 Manifest Tip: You can find the government wage statistics here
Step 4: The I-129 Form
If you are filing from within the U.S. (as a change from another status), the time to receive an E2 visa decision after filing is usually about 1 or 2 months.
You can download form i-129 below for free.
Or see an example of form i-129 below:
Once DOL certifies the LCA online (this usually takes about a week), the company can prepare the I-129 application (visa petition) for USCIS.
If you were picked in the H1B visa lottery, the filing period starts April 1.
Once you are ready to file, the I-129 form, along with the LCA and other necessary documentation, is then submitted to USCIS.
You might include educational documents, training certificates, evaluations, your resume, and other supporting evidence depending on your case.
💡 Manifest Tip: In 2024, USCIS introduced an online filing option for H1B visa applications!
💡 Manifest Tip: Check the latest H1B visa appointment wait times here.
There are two fees associated with your H1B visa application:
H1B visa lawyer fees
Government fees and other costs.
H1B visa lawyer fees
Lawyer fees for an H1B visa can vary significantly depending on which lawyer you choose. If you’re looking for a more individualized approach, we recommend going with a smaller law firm that specializes in H1B visa cases (like us!).
Here at Manifest Law, our H1B visa lawyer fees start at $3,750 and come with "Visa Approved or Money Back" guarantee (Terms apply).
Our lawyers will help you register in an H1B visa lottery and will submit the strongest evidence package if you get selected
H1B visa fees
Below is a summary of the current government filing fees for the H1B visa:
USCIS (From within the U.S.)
Most Organizations
Organizations with fewer than 25 employees
Nonprofits
I-129 Fee
$1,015
$510
$510
Asylum Program Fee
$600
$300
N/A
TOTAL
$1,615
$810
$510
Manifest Law©️. Learn more on www.manifestlaw.com
Do I need to hire an H1B visa lawyer?
Having an immigration lawyer by your side can truly make a difference in your H1B visa journey. They understand the ins and outs of the H1B visa process, help you gather the right documents, and strategize your case.
Sometimes, H1B visa applications face pushback from the government. A skilled H1B visa attorney can handle these challenges, navigate the system, and ensure you meet all the requirements. While it's not required, having an immigration lawyer simplifies the H1B visa process and boosts your chances of success.
At Manifest Law, we offer flexible payment plans of up to 6 months, a visa-approved or money-back guarantee (terms apply), and experienced H1B visa lawyers well-versed. We’re here to help you every step of the way.
Who is eligible for H1B visa?
How long does H1B visa last?
How hard is it to get a H1B visa?
Can I go from H1B to green card?
What is the minimum salary for H1B?
Who are H1B cap exempt employers?
