An H-1B visa, also known as a specialty occupation visa, is a type of temporary nonimmigrant visa that is issued to foreign nationals who have special training to perform work for a certain job that is located in the United States. The main requirement to meet the definition of what is considered to be a “specialty occupation” and therefore enable a worker to apply for an H-1B visa is as follows:
- Have a bare minimum of at least a bachelor’s degree (if not higher) or its foreign equivalent in the field that matches the position for which they are applying;
- Have either an unrestricted state license, certification, registration, or some other form of an accreditation that allows them to perform the duties required of the occupation; or
- Have received special training or have experience in the industry for twelve years or longer that would give them the level of expertise to successfully perform the primary functions of the job.
For example, an eligible foreign national worker may apply to a U.S.-based employer’s posting for a biologist. If both the foreign national worker and U.S. employer meet the eligibility criteria required for an H-1B visa, then the foreign national worker may temporarily stay in the United States to work as a biologist for that employer.
In addition, an H-1B visa will remain valid for a period of up to three years, which can then be extended to a maximum of six years in total. Extensions beyond six years may be available under certain circumstances, particularly for workers who have approved or pending employment-based green card applications. After that, the foreign national worker will either need to return to their country of origin or may be able to apply to become a lawful permanent resident of the United States.
This area of immigration law may be subject to significant changes with changes in presidential administration. H-1B visa policies, fees, and processing procedures have undergone substantial modifications in recent years and may continue to change.
If you are interested in applying for an H-1B visa, you should contact a local immigration attorney immediately for further guidance. You should also contact an attorney if you would like to turn your H-1B visa into a green card and/or if you need help with some other immigration-related matter.
What Are the Qualifications for a H-1B Visa?
As discussed above, an H-1B visa can only be issued to foreign national workers who have certain skills. This means that an H-1B visa applicant must meet all of the professional and educational requirements before they will be considered eligible to apply. However, it is not only an applicant who must meet the qualifications, but the occupation that they are applying for must also meet specific guidelines.
For example, in order to qualify for an H-1B visa, an employer must post an opening for an occupation that fulfills the following requirements:
- The occupation must be one where an employer has the capacity to control the manner in which the work is performed and the amount that an employee will be paid;
- Both the occupation itself and job posting must state that it requires a minimum of a bachelor’s degree or the foreign equivalent of one to be hired;
- The occupation is one in which job candidates are typically required to hold a bachelor’s degree; and
- The occupation is so specialized or complicated that only workers who hold a bachelor’s degree or higher would be able to perform the work (e.g., accountants, lawyers, doctors, surgeons, etc.).
How Long Does the Filing Process Take? What Types of Documents are Needed?
In general, the H-1B application process can take anywhere from a few weeks to several months to officially complete. As of 2025, processing times have increased significantly, with standard processing now taking approximately 6-8 months for many petitions. USCIS is currently experiencing record backlogs affecting processing times across all immigration categories. There are some situations, however, where an applicant may be able to apply to have this process expedited. If approved, this can shorten the amount of time it takes to process their application. It should be noted that an applicant will need to pay additional fees to have their application expedited.
The reason as to why the process takes as long as it does is because of the number of documents that are needed for different filings as well as the number of U.S. government agencies that a U.S. employer will have to go through before an H-1B visa application can be approved.
Some examples of the types of documents that U.S. employers and/or foreign national workers may need to submit include:
- A Labor Condition Application (“LCA”) and the corresponding certification issued by the United States Department of Labor (“DOL”);
- A Form I-129, Petition for a Nonimmigrant Worker (located on the USCIS website);
- A detailed job description that contains the minimum experience and educational requirements for the position;
- Proof of a foreign national worker’s degree, job offer, and a copy of their resume;
- A Form DS-160, Online Nonimmigrant Visa Application;
- A Form I-797, Approval Notice;
- Letters from an applicant’s current and previous employers; and
- Various other supporting documentation.
In addition, if there are any errors, mistakes, or inaccurate information provided on the H-1B forms, then this can cause an application to be delayed. Thus, it is important that applicants strictly adhere to all requirements, submit as much supporting evidence as possible, and ensure that each document they file has the correct and complete information.
Immigration authorities may also conduct site visits to verify employment conditions and compliance with H-1B requirements. These visits can occur at employer offices, third-party client sites, or even remote workers’ locations.
Current Fee Structure
The H-1B application process involves several fees that applicants and employers should be aware of:
- H-1B Registration Fee: $215 for FY 2026 (significantly increased from $10 in FY 2025)
- Form I-129 Filing Fee: $780 for large employers (25+ employees) or $460 for smaller employers and nonprofits
- Fraud Prevention and Detection Fee: $500 (for initial filings and employer changes)
- ACWIA Fee: $750 (small employers) or $1,500 (larger employers)
- Premium Processing Fee: $2,805 (for expedited processing within 15 business days)
- Additional Fees: Various other fees may apply depending on employer size and circumstances
Additionally, as of September 2025, certain new H-1B petitions may be subject to a one-time $100,000 fee. This fee applies to new H-1B petitions filed on or after September 21, 2025, for beneficiaries who are outside the United States and do not have a valid H-1B visa. The fee does not apply to extensions, renewals, or changes of employer for workers already in H-1B status in the United States. This fee requirement is currently subject to legal challenges and may be modified or overturned.
Due to these substantial fee increases and processing complexities, it is strongly recommended that applicants work closely with experienced immigration counsel.
Important Policy Considerations for H-1B Families
H-1B visa holders and their families should be aware of several important policy developments that may affect their long-term planning:
Birthright Citizenship Considerations
In January 2025, an executive order was issued attempting to modify birthright citizenship rules for children born in the United States to parents on temporary visas, including H-1B visa holders. However, this executive order has been blocked by federal courts and is not currently in effect as of November 2025. All children born in the United States continue to automatically receive U.S. citizenship under the 14th Amendment, regardless of their parents’ immigration status.
The executive order remains subject to ongoing litigation, including potential Supreme Court review. H-1B visa holders who are planning families should consult with an immigration attorney to understand how any future changes to birthright citizenship policies might affect their circumstances, particularly given the multi-year timelines often involved in obtaining employment-based green cards.
Broader Immigration System Changes
The broader U.S. immigration system has undergone significant changes that may indirectly affect H-1B visa holders. These include modifications to refugee admissions, asylum processing procedures, and enhanced enforcement measures across all visa categories. While these changes primarily affect other immigration categories, they have contributed to increased processing times and heightened compliance scrutiny for all immigration benefit applications, including H-1B petitions.
USCIS has expanded vetting procedures across all immigration categories, including review of social media and other public information. All H-1B applicants should be aware that their public activities and statements may be considered as part of the adjudication process.
What If I Get Laid off or My Company Goes Under?
A foreign national worker must be employed in order to maintain their H-1B nonimmigrant status. Accordingly, if their current employer terminates them, the worker gets laid off, or the company they work for goes out of business, then they will likely lose their visa and thus no longer have lawful H-1B status. However, H-1B workers who are terminated have a grace period of up to 60 days (or until their I-94 expiration date, whichever is shorter) to find new employment, change to another visa status, or depart the United States. In such a case, they should speak to an immigration lawyer immediately.
During this 60-day grace period, affected workers have several options:
- File an H-1B transfer with a new employer (the worker can begin employment upon filing, without waiting for approval)
- Change to a different visa status (such as B-2 visitor status or F-1 student status)
- Apply for adjustment of status to permanent residence if eligible
- Depart the United States
There is one exception and that is if there is an opening at another branch of the company in the United States and the employer agrees to transfer them to that position. However, this may require filing additional documents as well as potentially having to attend another interview with U.S. immigration officers.
It also should be noted that in the event that a U.S. employer decides to terminate a foreign national worker before their H-1B visa expires, they will become liable for the amount that it costs for the worker to return to their home country.
Given the complexity of maintaining lawful status during employment transitions and recent policy changes affecting grace periods and enforcement, H-1B workers who experience job loss should consult with an immigration attorney immediately to understand their options and ensure compliance with all requirements.
Do I Need a Lawyer for Help with a H-1B Visa?
H-1B visas happen to be one of the more popular and favorable categories of U.S. visas issued to nonimmigrants for temporary work purposes. However, the process to obtain an H-1B visa involves many complicated steps and not everyone who is eligible may receive one since there is a cap on the amount of H-1B visas that can be distributed each year.
Currently, 85,000 H-1B visas are available annually: 65,000 under the regular cap and 20,000 for workers with U.S. advanced degrees.
The H-1B program has undergone substantial changes in recent years, including:
- Significant fee increases, including a potential $100,000 fee for certain new petitions
- Extended processing times, with standard processing now taking 6-8 months
- Enhanced enforcement and compliance requirements, including mandatory site visit authority
- Proposed lottery reforms that may prioritize higher-wage positions
- Increased scrutiny of applications and expanded vetting procedures
Thus, if you or a loved one is thinking of applying for an H-1B visa, then it may be in your best interest to speak to an immigration lawyer for further legal advice. An experienced immigration lawyer will be able to assist you with the difficult application process and can make sure that you comply with all of the necessary requirements. Your lawyer can also help you resolve any issues that arise in connection with your H-1B application.
In addition, your lawyer will be able to guide you through the renewal process if you need to extend your stay. Alternatively, if you prefer to apply for a green card after your H-1B visa expires, your lawyer can help you to convert your current immigrant status to that of a lawful permanent resident instead.
Finally, if you are summoned to appear before an immigration judge due to an immigration matter that needs to be addressed, your attorney will be able to represent you in court as well.
Given the rapidly changing nature of H-1B policies and the potential for future modifications with changes in presidential administrations, working with qualified immigration counsel is more important than ever to ensure compliance and protect your immigration status.
