Work and Employment

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.

Simon Craven, Manifest Immigration Lawyer

By:

Chelsea Spinos

Chelsea Spinos is a contributing writer for Manifest Law. She covers all topics related to U.S. visas and green cards. She is passionate about helping people navigate their immigration journey with clarity and confidence.

Reviewer:

Simon Craven, Esq.

Simon Craven is an immigration attorney with 11+ years of experience working on thousands of successful immigration cases. Simon is passionate about US immigration and helping people.

8 min read • Feb 27, 2024

Woman in blazer holding laptop standing outside

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

What is H1B visa?

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

What are the benefits of the H1B Visa?

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 O1 visa category stands out as a solid path to immigration for a few reasons:

It’s flexible. There are a variety of professions you can be in to qualify for an O1 visa
No limits! There are no limits or caps to the number of O1 visas handed out by the USCIS
No lottery. Unlike H1B visa, there is no lottery process or annual caps
No U.S. Investment Required. While other visas might demand a financial commitment (looking at you, E2 visa), the O1 visa requirements don’t call for an investment
Stay as long as you want. So long as you continue working in your field, there is no limit to the amount of time you can spend in the U.S. per year. You can travel freely in and out!
Green Card Potential. Going from O1 visa to green card can be an actual reality

With all these O1 visa benefits, it's no wonder people from various professions apply for the O1 visa to turn their U.S. work dreams into a reality.

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.

What are H1B visa sponsorship jobs?

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:

The O1 visa category stands out as a solid path to immigration for a few reasons:

It’s flexible. There are a variety of professions you can be in to qualify for an O1 visa
No limits! There are no limits or caps to the number of O1 visas handed out by the USCIS
No lottery. Unlike H1B visa, there is no lottery process or annual caps
No U.S. Investment Required. While other visas might demand a financial commitment (looking at you, E2 visa), the O1 visa requirements don’t call for an investment
Stay as long as you want. So long as you continue working in your field, there is no limit to the amount of time you can spend in the U.S. per year. You can travel freely in and out!
Green Card Potential. Going from O1 visa to green card can be an actual reality

With all these O1 visa benefits, it's no wonder people from various professions apply for the O1 visa to turn their U.S. work dreams into a reality.

Tech

Medicine

Finance

Education

Law

Journalism

Man holding architecture sketches under his arm

Architects

Consulting

Science

Want to maximize your odds of success for H1B visa?

Manifest immigration lawyers will help you register in an H1B visa lottery and will submit the strongest evidence package if you get selected

Request a consultation

What are the H1B visa requirements?

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.

The O1 visa category stands out as a solid path to immigration for a few reasons:

It’s flexible. There are a variety of professions you can be in to qualify for an O1 visa
No limits! There are no limits or caps to the number of O1 visas handed out by the USCIS
No lottery. Unlike H1B visa, there is no lottery process or annual caps
No U.S. Investment Required. While other visas might demand a financial commitment (looking at you, E2 visa), the O1 visa requirements don’t call for an investment
Stay as long as you want. So long as you continue working in your field, there is no limit to the amount of time you can spend in the U.S. per year. You can travel freely in and out!
Green Card Potential. Going from O1 visa to green card can be an actual reality

With all these O1 visa benefits, it's no wonder people from various professions apply for the O1 visa to turn their U.S. work dreams into a reality.

💡 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?

Group of five business people at desk with papers

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.

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.

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.

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.

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.

💡 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!

How to apply for an H1B visa

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.

Another way to fulfill an EB1 visa requirement for showcasing Extraordinary Ability involves being part of work-related memberships or associations. Not every association or membership qualifies. These organizations should require real achievements from their members. Being part of such groups shows the government that other experts recognize your accomplishments in your industry.

Now, let's make clear what types of group memberships don't meet this EB1 visa requirement:

Memberships based solely on education level or years of experience

Memberships you've paid for as the only criteria

Memberships required for your job, like union membership
Memberships in groups unrelated to your work

Curious if your membership in an organization will qualify for an EB1-A Visa? Dive into our blog article “O1 Visa and EB1 Visa Requirements: Membership in Organizations”.

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

Excited woman holding phone in front of laptop

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)

Man and woman meeting another man in a busines setting

If you’re lucky enough to get picked in the H1B lottery 2024 (or your employer is H1B cap exempt), you're ready to move to the next step.

First up, your employer submits a Labor Condition Application (LCA) to the Department of Labor (DOL) for Certification online. This step ensures you're getting paid the right wage and that your work won't negatively affect other employees.

What is LCA for H1B?

LCA, short for Labor Condition Application, plays a vital role in the H-1B visa application process. This form must be submitted by U.S. employers intending to employ foreign workers under an H1B visa.

What is the H1B visa salary requirement?

For H1B sponsorship jobs, employers must pay H1B workers the higher amount of either the “actual” or “prevailing” wage for that job.

The actual wage is the pay for similar employees at the same location. Our attorneys will help you prepare necessary documentation as proof of that.

The prevailing wage is the pay based on the Department of Labor Wage stats, which accounts for location, duties, experience and education requirements, supervisory responsibilities, and other factors.

If you’re lucky enough to get picked in the H1B lottery 2024 (or your employer is H1B cap exempt), you're ready to move onto the initial steps of filing your H1B visa application.

What is LCA for H1B?

What is the H1B visa salary requirement?

For H1B sponsorship jobs, employers must pay H1B workers the higher amount of either the “actual” or “prevailing” wage for that job.

The actual wage is the pay for similar employees at the same location.

If you’re lucky enough to get picked in the H1B lottery 2024 (or your employer is H1B cap exempt), you're ready to move onto the initial steps of filing your H1B visa application.

What is LCA for H1B?

What is the H1B visa salary requirement?

For H1B sponsorship jobs, employers must pay H1B workers the higher amount of either the “actual” or “prevailing” wage for that job.

The actual wage is the pay for similar employees at the same location.

💡 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.

Download form

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.

If you have been asked to assess the work of other people in your field, this might help you qualify for one of the O1 visa criteria. Judging can be in a competitive setting, such as a contest, awards panel, or grants committee. Or, it can be an evaluation of someone’s work, like a scientific paper or presentation, or even a grant application.

The key here is that some organization thought you were the go-to person with ample expertise to assess the work of others. This shows USCIS that you are seen as someone who stands out from others in your work.

If you think you can meet the “judge of others” criteria and at least two other criteria on the list of O1 visa evidence, you could be ready to apply! Reach out to Manifest Law and we can help you put your best case forward.

💡 Manifest Tip: In 2024, USCIS introduced an online filing option for H1B visa applications!

H1B Visa Processing Time

On average, the Form I-129 takes about 2 months for USCIS to process. An H1B visa lawyer will help you prepare the form and ensure the accuracy of your submission.

H1B Premium Processing

H1B visas are also eligible for Premium Processing.

For an additional USCIS filing fee of $2,805, you will receive a decision on the I-129 petition within 15 business days under Premium Processing.

The next steps after approval will depend on whether you are changing to H1B status within the U.S. from another status, or applying from abroad (consular processing).

H1B visas are also eligible for Premium Processing.

For an additional USCIS filing fee of $2,805, you will receive a decision on the I-129 petition within 15 business days under Premium Processing.

The next steps after approval will depend on whether you are changing to H1B status within the U.S. from another status, or applying from abroad (consular processing).

When can I start working under an H1B visa?

If you are applying from INSIDE the US, you change to H1B status on the approved start date and can start working then.

If you were picked in the H1B visa lottery, the H1B visa start date must be on or after October 1st of the year you were picked.

If you are applying from OUTSIDE the US, you have to make an appointment to get an H1B visa stamp in your passport at a consulate. The time to get an appointment for H1B stamping varies by location.

Once you get the H1B visa stamp in the passport, you can travel to the U.S. to work from your start date.

If you are applying from INSIDE the US, you change to H1B status on the approved start date and can start working then.

If you were picked in the H1B visa lottery, the H1B visa start date must be on or after October 1st of the year you were picked.

If you are applying from OUTSIDE the US, you have to make an appointment to get an H1B visa stamp in your passport at a consulate. The time to get an appointment for H1B stamping varies by location.

Once you get the H1B visa stamp in the passport, you can travel to the U.S. to work from your start date.

💡 Manifest Tip: Check the latest H1B visa appointment wait times here.

H1B Visa Cost

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).

Lawyer fees for an O1 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 O1 visa cases (like us!).

Here at Manifest Law, our O1 visa lawyer fees start at $7,500 and do not include other O1 visa costs like US Government fees.

Get started with a free consultation to see you if you could qualify for the O1 visa.

Here at Manifest Law, our O1 visa lawyer fees start at $7,500 and do not include other O1 visa costs like US Government fees.

Get started with a free consultation to see you if you could qualify for the O1 visa.

Want to maximize your odds of success for H1B visa?

Our lawyers will help you register in an H1B visa lottery and will submit the strongest evidence package if you get selected

Request a consultation

H1B visa fees

Below is a summary of the current government filing fees for the H1B visa:

Here at Manifest Law, our O1 visa lawyer fees start at $7,500 and do not include other O1 visa costs like US Government fees.

Get started with a free consultation to see you if you could qualify for the O1 visa.

Here at Manifest Law, our O1 visa lawyer fees start at $7,500 and do not include other O1 visa costs like US Government fees.

Get started with a free consultation to see you if you could qualify for the O1 visa.

USCIS (From within the U.S.)

Most Organizations

Organizations with fewer than 25 employees

Nonprofits

I-129 Fee

$1,015

$510

Asylum Program Fee

$600

$300

N/A

TOTAL

$1,615

$810

$510

Manifest Law©️. Learn more on www.manifestlaw.com

Department Of State Visa Fee: $185
(only for Mexican citizens when getting visa stamp abroad)

Department Of State Visa Fee: $185 (only for Mexican citizens when getting visa stamp abroad)

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.

Take the First Step:

Schedule your free consultation!

Review of visa options available for you

General information about timelines, fees, requirements for various visa options

Information on Manifest fees, terms and process

Full clarity and transparency every step along the way

Request a consultation

Avi Goldenberg

Principal attorney at Manifest Law

Take the First Step:

Schedule your free consultation!

Review of visa options available for you

General information about timelines, fees, requirements for various visa options

Information on Manifest fees, terms and process

Full clarity and transparency every step along the way

Request a consultation

Avi Goldenberg

Principal attorney at Manifest Law

Take the First Step:

Schedule your free consultation!

Review of visa options available for you

General information about timelines, fees, requirements for various visa options

Information on Manifest fees, terms and process

Full clarity and transparency every step along the way

Request a consultation

Avi Goldenberg

Principal attorney at Manifest Law

Frequently asked questions

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?

In this H1B visa guide:

What is H1B visa?

What are the benefits of the H1B Visa?

What are H1B visa sponsorship jobs?

What are the H1B visa requirements?

How to apply for an H1B visa

H1B Visa Processing Time

H1B Visa Premium Processing

H1B Visa Cost

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