H-1B Visa

The most common work visa for professionals in specialty occupations. Requires at least a bachelor's degree.

3-6 months

Processing Time

Up to 6 years

Duration

Overview

The H-1B visa is the most widely used work visa for foreign professionals in the United States. It allows U.S. employers to hire foreign workers in specialty occupations that require theoretical or technical expertise in a specialized field such as IT, engineering, mathematics, science, medicine, and more.

To qualify, the position must require at least a bachelor's degree (or equivalent) in a specific specialty, and the worker must possess the required degree or its equivalent. The H-1B is employer-sponsored, meaning a U.S. company must petition on behalf of the worker.

The visa is initially granted for up to three years and can be extended for a maximum total stay of six years. After six years, the worker must leave the U.S. for at least one year before reapplying, unless they have an approved I-140 or are in the green card process.

Key Requirements

  • You have a job offer from a U.S. employer for a specialty occupation
  • You hold at least a bachelor's degree in a field related to the job
  • The position requires specialized knowledge and a degree
  • Your employer is willing to sponsor your visa petition
  • You have equivalent work experience (3 years = 1 year of college)

Frequently Asked Questions

A specialty occupation is one that requires the theoretical and practical application of a body of highly specialized knowledge and a bachelor's degree or higher in the specific specialty (or its equivalent). Common examples include software developers, engineers, accountants, architects, doctors, and college professors.

Due to high demand, USCIS conducts an annual lottery to select which H-1B petitions it will accept for processing. The lottery typically opens in March for employment starting October 1. If your petition is not selected, your employer cannot proceed with the H-1B filing for that fiscal year.

Yes, H-1B visa holders can change employers. The new employer must file a new H-1B petition on your behalf. Under H-1B portability rules, you can begin working for the new employer as soon as the petition is filed, without waiting for approval.

H-4 dependent spouses may be eligible for work authorization (H-4 EAD) if the H-1B holder has an approved I-140 immigrant petition or has been granted H-1B status beyond the standard six-year limit based on pending green card processing.

Generally, you must leave the U.S. for at least one year before being eligible for another H-1B. However, if you have an approved I-140 or a labor certification pending for at least 365 days, you may be eligible for H-1B extensions beyond the 6-year limit in one-year or three-year increments.

Recommended Resources

Guides & Roadmaps

Explore our in-depth guides to help you navigate the process.

H-1B Visa Roadmap
8 chapters

H-1B Visa Roadmap

A comprehensive guide to the H-1B specialty occupation visa, covering eligibility requirements, the cap and lottery process, filing documentation, admission periods, and key strategies for employers and foreign professionals.

01Overview & Eligibility
02The LCA & FEIN Verification Process
03Filing Documentation & Petition Requirements
+5 more
Read Full Guide
H-1B1 Visa Roadmap
6 chapters

H-1B1 Visa Roadmap

A comprehensive guide to the H-1B1 visa classification for professionals from Chile and Singapore, covering requirements, application processes, and key strategies.

01Overview of the H-1B1 Classification
02H-1B1 Requirements
03The Application Process
+3 more
Read Full Guide
How to Start Your Own Company in H-1B Status
4 chapters

How to Start Your Own Company in H-1B Status

A comprehensive guide for H-1B visa holders who want to start their own company, covering permissible activities, legal boundaries, and the steps to eventually transfer your H-1B sponsorship to your own business.

01While at Your Current H-1B Employer
02Establishing the Employer-Employee Relationship
03Valid Job Offer in a Specialty Occupation
+1 more
Read Full Guide
H-1B Modernization Rule: Key Changes for Founders
3 chapters

H-1B Modernization Rule: Key Changes for Founders

A comprehensive guide to the Biden Administration's H-1B Modernization Rule effective January 2025, focusing on key changes for startup founders and business owners.

01Overview & Expanded Cap Exemptions
02H-1B Eligibility for Business Owners
03Other Important Changes to the H-1B Program
Read Full Guide
H-1B Job Portability
8 chapters

H-1B Job Portability

A comprehensive overview of H-1B job portability under AC21, covering eligibility requirements, timing considerations, international travel scenarios, the $100,000 fee, and bridging petitions.

01What Is H-1B Portability?
02Eligibility Requirements
03Timing: Filing vs. Receipt
+5 more
Read Full Guide
H-1B Domestic Visa Renewal Pilot Program
5 chapters

H-1B Domestic Visa Renewal Pilot Program

A comprehensive guide to the U.S. State Department's pilot program for renewing H-1B visa stamps domestically, eliminating the need to travel abroad for visa renewal.

01Program Overview
02Eligibility Criteria
03Application Periods & Slots
+2 more
Read Full Guide

Not sure if this is the correct option for your situation and goals?

In their own words

I cannot say enough wonderful things about the entire team at Serotte Law, and how seamless they made my process in obtaining my nonimmigrant E1 Treaty Trader visa. I had the distinct pleasure of working with Rita Georges as my lawyer and Brenna Scanlon as my paralegal, both of whom offered incredible guidance through every step of the process. They both went out of their way to provide support not only outside standard business hours, but even during the Thanksgiving weekend when an urgent matter arose in my case. Danielle Roberts also played an important role supporting me throughout my journey and her dedication and timeliness were invaluable. Although the process was backlogged due to delays related to the pandemic, the entire team was continually in touch with me providing updates and any time I had a question (and there were many) I received a response almost instantly. Truly "white-glove", five star service from start to finish. Of note, the firm is especially skilled in working with entrepreneurs such as myself and was extremely detailed and meticulous in assembling my application package, leaving no detail to chance. In the instance I needed a referral to a business plan expert, they were quick to provide a recommendation with whom I also had an outstanding experience. Even for some unexpected issues in my case (namely, administrative processing) the entire team was both knowledgeable and supportive about what needed to be done such that I was ultimately successfully issued my E1. Your search for a law firm ends here.

Adam Haroun

Adam Haroun

Google Review

Prompt, efficient and proactive professionals, while being communicative and transparent every step of the way!! But most importantly, kind, compassionate and responsible. That is how I would describe Serotte Law(yers), in the true sense of every word!! I switched over to Serotte law 5 years ago, and as we all know switching law firms is a more tedious process than starting afresh, but Brenna made it seamless for me. Brenna Scanlon, their Managing paralegal is a highly qualified immigration expert, extremely well versed in her field of knowledge, and all of this while being a kind and compassionate human being. I don’t know of any other law firm that will call you after hours but these guys will. They will treat your sense of urgency as their own and that’s what stands them apart from the plethora of immigration lawyers out there!! Rita George’s, a highly capable and forthcoming lawyer, a solution finder, will guide you smoothly through every situation, every step of the way!! Immigration applicants tend to face many interrelated issues as well, but Serotte law guides you to the best of their ability there too, and if it’s not their forte they will refer you to the best of the best in the business - kinda like a concierge service!!! Thank you once again to team Serotte, Rita George’s, Brenna Scanlon, Danielle Roberts, Asia Battle, Mike Farrell, and everybody else for your able guidance and services.

KHANNA, Sahil

KHANNA, Sahil

Google Review

I have had the pleasure of working with Serotte Law for the past 10+ years, and I cannot recommend their services highly enough. From the very beginning, they have provided exceptional support and guidance through every step of my US immigration journey. Initially, Serotte Law assisted me with obtaining and renewing my L-1A visas. Their deep understanding of immigration law and meticulous attention to detail ensured a smooth and successful application process. Over the years, they have consistently demonstrated their expertise and dedication, making what could have been a stressful experience remarkably manageable. Most recently, Serotte Law helped me achieve a significant milestone: obtaining my green card. Their unwavering commitment and personalized approach were instrumental in this success. The team at Serotte Law, specifically Rita Georges and Asia Battle, is not only highly knowledgeable but also incredibly responsive and compassionate, always taking the time to address my concerns and keep me informed. If you are seeking reliable and professional assistance for your US immigration needs, look no further than Serotte Law. Their proven track record, coupled with their client-focused approach, makes them the ideal choice. I am immensely grateful for their support and wholeheartedly recommend their services to anyone navigating the complexities of US immigration.

Bryan Shapcott

Bryan Shapcott

Google Review

I have worked with quite a few immigration attorneys in the last 7 years, and the team at Serotte Law is one of the best I have encountered. As an immigrant that requires work authorization to live in the US, immigration is always on my mind, and I am always stressing about it to some degree. This changed after my firm hired the team at Serotte Law. They handled my H1B transfer, PERM, I-140, and H1B Extension applications flawlessly. They guided me and my company through every step of the process and make sure we were on-track to meet the deadlines. My timeline to procure the I-140 was pretty tight. As such, Susan and team wasted no time in getting all the document in order, and staying on top of the case in the last 18 months. I received regular status updates, prompt email responses, and complete transparency in the process at every step of the way. I would 100% recommend hiring this team for all your work based immigration needs.

Dhaval Bajaria

Dhaval Bajaria

Google Review

Resources

H-1B Visa Roadmap
Visa Guide

H-1B Visa Roadmap

A comprehensive guide to the H-1B specialty occupation visa, covering eligibility requirements, the cap and lottery process, filing documentation, admission periods, and key strategies for employers and foreign professionals.

H-1B1 Visa Roadmap
Visa Guide

H-1B1 Visa Roadmap

A comprehensive guide to the H-1B1 visa classification for professionals from Chile and Singapore, covering requirements, application processes, and key strategies.

How to Start Your Own Company in H-1B Status
Visa Guide

How to Start Your Own Company in H-1B Status

A comprehensive guide for H-1B visa holders who want to start their own company, covering permissible activities, legal boundaries, and the steps to eventually transfer your H-1B sponsorship to your own business.

H-1B Modernization Rule: Key Changes for Founders
Visa Guide

H-1B Modernization Rule: Key Changes for Founders

A comprehensive guide to the Biden Administration's H-1B Modernization Rule effective January 2025, focusing on key changes for startup founders and business owners.

H-1B Job Portability
Visa Guide

H-1B Job Portability

A comprehensive overview of H-1B job portability under AC21, covering eligibility requirements, timing considerations, international travel scenarios, the $100,000 fee, and bridging petitions.

H-1B Domestic Visa Renewal Pilot Program
Visa Guide

H-1B Domestic Visa Renewal Pilot Program

A comprehensive guide to the U.S. State Department's pilot program for renewing H-1B visa stamps domestically, eliminating the need to travel abroad for visa renewal.

The FY 2027 H-1B Lottery: Weighted Selection Based on Wage Level
Article

The FY 2027 H-1B Lottery: Weighted Selection Based on Wage Level

Conor SchneiderConor Schneider
Immigration Law Firm AI — How We Think About It at Serotte
Article

Immigration Law Firm AI — How We Think About It at Serotte

Rita GeorgesRita Georges
The Alien Registration Requirement Explained
Article

The Alien Registration Requirement Explained

Immigration law is narrative problem solving
Article

Immigration law is narrative problem solving

Michael SerotteMichael Serotte

Ready to get started?

Take our free immigration assessment to find resources tailored for you, or book a consultation with our immigration attorneys to map out the strongest path to your destination.