H-1B Visa: Your Complete Step-by-Step Guide (From Lottery to Approval!)
H-1B Visa: Your Complete Step-by-Step Guide (From Lottery to Approval!)
The H-1B visa is a work visa that allows U.S. companies to hire skilled foreign professionals in specialized fields like IT, engineering, finance, and healthcare. If you're an aspiring H-1B applicant, this guide will help you understand the entire process—from lottery selection to approval.
1. The H-1B Lottery Process & Key Dates
The H-1B visa cap is limited to 85,000 visas per year, split into two categories:
● 65,000 visas for the regular cap (bachelor's degree or higher).
● 20,000 visas reserved for applicants with a U.S. master’s degree or higher.
📌 Candidates with a U.S. master's degree have a 50% higher chance of selection because they are entered into both the master’s and regular cap lotteries.
2. H-1B Registration Process Timeline:
The H-1B lottery begins with a registration process where employers submit applicants details to USCIS.
Here’s a step-by-step timeline:
📅 March 7 – H-1B registration period opens (noon Eastern).
📅 March 24 – H-1B registration period closes (noon Eastern).
📅 March 31 – USCIS notifies selected registrants.
📅 April 1 – The earliest date when H-1B cap petitions can be filed for selected applicants.
📅 June 30 – Last date to submit H-1B petitions to USCIS.
📅 October 1 – Expect approvals to start rolling in for regular processing cases.
3. What Happens After the Lottery?
If you’re selected, your employer must file an H-1B petition (Form I-129) along with supporting documents.
H-1B Petition Filing Timeline:
📅 April 1 - June 30 – Your employer must submit the petition before the deadline mentioned in your selection notice.
⏳ Processing Time: Standard processing takes 2-6 months.
What is Premium Processing?
Premium processing allows applicants to receive a decision within 15 days for an additional fee of $2,805. This speeds up the approval process significantly.
4. Possible Outcomes After Filing
Once USCIS reviews your petition, you may receive one of the following responses:
✅ Straightforward Approval
If all documents are in order, USCIS will approve your H-1B petition. You can start working on October 1.
🔍 Request for Evidence (RFE)
USCIS may ask for more documents (e.g., proof of job role, employer details, degree evaluation, etc.). Your employer must respond within the given timeline.
❌ Denial
If USCIS finds the petition non-compliant, they may reject it. Common reasons include incomplete documentation,
employer issues, or job qualification concerns.
5. What Happens After Approval?
For Candidates in the U.S. (Change of Status):
If you are already in the U.S. on a valid non-immigrant visa (e.g., F-1 OPT/STEM OPT, L-1, H4), your H-1B petition will be filed as a Change of Status.
Once approved:
● Your status automatically changes to H-1B on October 1.
● No need not leave the U.S. or visit a consulate before starting work.
● Your 6-year H-1B clock starts from this date.
For Candidates Outside the U.S. (Consular Processing):
If you are outside the U.S., your H-1B petition is approved for consular processing, which means your visa status does not change automatically like it does for candidates already in the U.S. Instead, you must complete the following steps before starting work:
1️⃣ Schedule a visa interview at a U.S. embassy/consulate in your home country.
2️⃣ Get your H-1B visa stamped on your passport upon approval.
3️⃣ Enter the U.S. – Your H-1B status begins only when you enter the U.S. with the stamped visa.
📌 Important Note: Unlike the Change of Status process, where candidates already in the U.S. transition to H-1B automatically, consular processing requires a visa stamp and entry into the U.S. for the status to take effect. Additionally, your 6-year H-1B clock starts only when you physically enter the U.S. under H-1B status.
Final Thoughts 🌟
The H-1B process is lottery-based, but many succeed every year!
● If selected, timely filing and strong documentation help ensure smooth approval.
● Those already in the U.S. can get a direct change of status, while those outside the U.S. must go through consular processing.
● If you're an H-1B aspirant, stay hopeful! Work with an experienced employer or
attorney to improve your chances.
🚀 Your American dream is possible—stay prepared and optimistic!
📌 Disclaimer: This guide is for informational purposes only and does not constitute legal advice. For specific cases, consult an immigration attorney.
Verastro Technologies, Inc. helps IT professionals navigate the H-1B process and find the right opportunities. Contact us for more details!
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F.A.Q.
Yes, starting from FY 2025, the fee will increase from $10 to $215 per applicant.
The H-1B visa is typically issued for three years initially, with an option to extend up to six years in total. If you have started the green card process before your six-year limit, you may qualify for further extensions under specific provisions like the AC21 rule.
Yes, you can transfer your H-1B visa to a new employer. However, your new employer must submit an H-1B transfer petition to USCIS before you start working for them. Once the petition is received, you may begin working with the new employer while waiting for approval, but it’s safer to wait for confirmation.
If your employment is terminated, you have a 60-day grace period or until your I-94 expires (whichever is earlier) to:
● Find a new employer to sponsor your H-1B transfer.
● Change your visa status (such as applying for an F-1 student visa or dependent visa).
● Leave the U.S. to avoid falling out of status.
Yes, your spouse and unmarried children under 21 can come to the U.S. on an H-4 visa. While H-4 dependents can study in the U.S., only spouses in certain cases (such as those with an H-1B spouse in the green card process) are eligible to apply for a work permit (EAD).
Yes, your employer must pay you at least the prevailing wage for your job role in the location where you’ll be working. This wage is set to ensure that H-1B visa holders receive fair pay and do not impact wages for U.S. workers.
Yes, the H-1B visa allows dual intent, meaning you can work in the U.S. while applying for a green card. If your employer sponsors you for permanent residency, you can remain in the U.S. while your application is being processed.
The entire process, including registration, lottery selection, petition filing, and approval, can take anywhere from six to seven months or longer. If you need a quicker decision, you can opt for premium processing, which provides a result within 15 days for an extra fee.
Each year, 65,000 H-1B visas are available under the regular cap, with an additional 20,000 reserved for U.S. master’s degree holders. Some employers, such as universities, nonprofit organizations, and government research institutions, are exempt from this cap and can file H-1B petitions anytime.
Yes, you can travel internationally, but you must ensure that your H-1B visa stamp in your passport is valid before re-entering the U.S. If your visa has expired, you’ll need to apply for a renewal at a U.S. consulate abroad before returning.
To qualify, you must have at least a bachelor’s degree or equivalent in a specialized field related to the job you are applying for. If you have a foreign degree, it must be evaluated to confirm it meets the U.S. degree equivalency standard.