The H-1B visa allows US employers to hire foreign workers in specialty occupations requiring at least a bachelor's degree or equivalent. It's one of the most sought-after work visas — and the process begins well before the actual application filing date.
Key Dates in the H-1B Calendar
| Event | Timeline |
|---|---|
| Registration window opens | Early March |
| Lottery selection announced | Late March |
| Petition filing period begins | April 1 |
| Employment start date | October 1 |
The Lottery System
Because demand for H-1B visas far exceeds the annual cap of 85,000 (65,000 regular cap + 20,000 for US advanced degree holders), USCIS conducts a random computerized lottery. Your employer registers you, and if selected, they proceed to file a full petition.
Petition Requirements
Your employer must file Form I-129 with:
- Labor Condition Application (LCA) approved by the Department of Labor
- Proof that the position qualifies as a specialty occupation
- Your educational credentials and transcripts
- Evidence of the employer-employee relationship
After Approval: Visa Stamping
If you're outside the US, you'll need to attend a consular interview to get the H-1B visa stamp in your passport. This is a separate step from the USCIS petition approval — both are required before you can begin working.
The H-1B path requires close coordination between you and your employer, but for qualified professionals it opens the door to working legally in the United States for up to six years, with the possibility of extension while a Green Card is pending.