Work PermitsJan 12, 2025

How do I apply for an H-1B work visa?

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The H-1B is a nonimmigrant visa for workers in specialty occupations requiring at least a bachelor's degree or equivalent. To apply, your employer must first register you in the annual H-1B cap lottery, which is conducted by USCIS each March for the following fiscal year. If selected, the employer files a Labor Condition Application (LCA) with the Department of Labor, then submits Form I-129 to USCIS.

The annual cap is 65,000 visas, with an additional 20,000 reserved for US master's degree holders. Demand far exceeds supply, so selection is by random lottery. Cap-exempt employers such as universities, nonprofits, and research institutions can file H-1B petitions at any time without going through the lottery.

Once USCIS approves the petition, you apply for the H-1B visa stamp at a US consulate in your home country if you are outside the US. The initial period of stay is three years, extendable to six years, with further extensions possible if a green card application is pending.

This is general information only, not legal advice. Consult a qualified immigration lawyer or registered migration agent for your specific situation.

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Disclaimer: This information is for general educational purposes and is not professional tax advice. Tax situations vary. Consult a qualified immigration lawyer or migration agent for advice specific to your circumstances.