H-1B Visa 2024: Everything You Need to Know
USCIS completed 451,100 H-1B visa petitions in 2022. Across the many visa pathways the H-1B visa is a common option for foreign nationals.
Learn everything you need to know about the H-1B visa in this article to better prepare your application in 2024.
What is the H-1B Visa?
The H-1B visa is a non-immigrant visa that allows U.S. companies to employ foreign workers in specialty occupations. The visa is valid for an initial period of 3 years, which can be extended up to 6 years.
H-1B Visa Requirements
- A job offer from a U.S. employer for a specialty occupation.
- A bachelor's degree or higher in the relevant field.
- Applicant must be selected in the H1B Visa Cap Lottery.
H-1B Visa Cap Lottery
You must be selected in the H-1B Visa Cap Lottery in order to apply for the H-1B visa. The H1B lottery system is a process used by USCIS to select applicants for the limited number of H1B visas available each year. The cap is set at 65,000 visas, with an additional 20,000 for those holding advanced degrees from U.S. institutions. Due to high demand, a lottery system randomly selects registrations submitted by employers during the designated registration period. Selected applicants can then proceed with filing their H1B petitions. This last year, the calendar year 2024, the chances of being selected was close to 19%.
However, there are cases where a candidate can apply for a Cap-Exempt H-1B Visa and will not be subjected to the lottery.
The H-1B Process: A Step by Step Guide
Step 1 Apply for the lottery. Your employer or attorney will submit your registration online. These portals are accessible via the USCIS website.
Step 2 Once selected in the lottery. Employer files a Labor Condition Application (LCA) with the Department of Labor (DOL). The LCA confirms that your employer will pay you the same as other workers with similar skills in the area.
Step 3 Once your LCA is certified by the DOL, your employer must complete Form I-129 (Petition for a Nonimmigrant Worker), and submit it to USCIS along with the certified LCA, required fees, and additional documents. These documents should include proof of your education, training certificates, professional memberships, resume, job offer letter, and a support letter.
Visit USCIS website for your H-1B Visa case processing time.
Step 4 Approval and next steps
Once approved you have two paths:
- If you are in the U.S.
You must wait until your H1B visa status is active before you can start working. - If you are outside the U.S.
Once your H1B case status is active, You must apply for your H1B visa stamp upon entering the U.S.
How to Apply for the H-1B Visa Stamp:
An Outline of the Process
First Complete Form DS-160, which takes about 90 minutes.
Then Pay the application fee.
Next Schedule an interview at a nearby U.S. embassy or consulate. You can book an appointment here: https://ceac.state.gov/genniv/
For your interview, bring
- A valid passport (at least six months beyond your planned entry date to the U.S.)
- Form DS-160 confirmation page
- Copies of your approved I-129 petition and I-797 approval notice
- Fee payment receipts
- A passport-sized photo meeting U.S. State Department requirements
During the interview, expect questions about yourself, the job, your experience, your employer, and your travel history.
How much does an H-1B Visa cost?
| Fee Description | Amount |
|---|---|
| Registration Fee | $215 |
| Form I-129 Fee | $460 |
| Fraud Prevention Fee | $500 |
| ACWIA Fee (depending on the company size) | $750 or $1,500 |
| H1B Premium Processing (optional) | $2,500 |
| H-1B Visa Stamp, DS-160 Form | $205 |
| Estimated Total (excluding Premium Processing) | $2,880 |
The USCIS website provides updated H1B news for any fee changes.
If you need support on your case you can schedule a call with one of our legal experts.
FAQ
Who can sponsor the H1B Visa?
Any U.S. company can sponsor an H-1B visa if they agree to pay the prevailing wage for the position and cover the filing fees of the employee.
Finding a company willing to sponsor an H-1B visa can be challenging when job hunting. To simplify your search, we have created an H-1B job board. This board highlights companies that have previously sponsored H-1B visas and lists current job openings.
How long is the H1B visa to Green Card Timeline?
The H-1B visa is valid for up to three years and can be renewed for an additional three years. After six years on an H-1B visa, you may apply for a Green Card.
For Green Card self-sponsorship options, consider the EB-1A visa, which caters to individuals with extraordinary abilities or the EB-2 NIW visa.
What is the minimum salary for the H1B visa?
Your minimum salary or your prevailing wage will depend on the specific job role you are offered and the average wage for that role in the U.S. state where you will be working.
What to do if you lose your job on the H1B visa?
If you lose your job during your H-1B period, you are considered "out of status." You must leave the country within your 60-day grace period or before the expiration date on your I-94, whichever comes first. The 60-day grace period starts on your last working day. If your I-94 expires before the grace period ends, you must leave by the I-94 expiration date.
Here are your next steps options:
- Leave the country
- Find another job and transfer your H1B visa to a different employer
- Apply for another visa, consider 5 Alternatives to the H-1B Visa.
How to transfer your H1B visa to another employer?
The process follows the same steps as when you first applied for the H1B visa without having to undergo the cap lottery again.
Step 1Employer files a Labor Condition Application (LCA) with the Department of Labor (DOL). The LCA confirms that your employer will pay you the same as other workers with similar skills in the area.
Step 2Once your LCA is certified by the DOL, your employer must complete Form I-129 (Petition for a Nonimmigrant Worker), and submit it to USCIS along with the certified LCA, required fees, and additional documents. These documents should include proof of your education, training certificates, professional memberships, resume, job offer letter, and a support letter.
Step 3Start your position as soon as the application is approved.
Can I bring my spouse and children with me on a H-1B Visa?
Dependents of H-1B holders are permitted to apply for the H-4 visa, allowing them to stay in the U.S. You must be legally married to your spouse and only unmarried children under the age of 21 are eligible for the H-4 visa. All dependents are unable to work under the H-4.