H1B Visa: Step by Step Guide

What is the H-1B visa? What benefits does it provide?

The H-1B is the visa class that the majority of internationals will apply for when they want to gain a few years of work experience in the US.

Although it’s thought to be the step between working on the OPT extension of the F-1 visa and a Green Card, this progression isn’t mandatory. In other words, you could skip (or may not qualify for) the OPT and it is possible to obtain a Green Card without having an H-1B visa first. 

But, typically speaking, most international graduates from US universities start with the OPT extension of their F-1 visa, then apply for an H-1B visa and, if they wish to remain in the US, then work on getting their Green Card. 

The H-1B visa lottery system

The US government has set a limit on the number of new H-1B visas issued annually. Currently, the total number of new H-1B visas is broken up as:

• 20,000 visas reserved for those who obtained a master’s degree (or higher) from an American university in the US.
• 65,000 visas issued to qualifying workers, regardless of the level of their university education or where it was obtained. This is known as the “master’s cap”.

In a given year, should there be fewer H-1B applications than visas available, all applicants would move into the visa verification stage without a lottery.

However, there are often more applications than the visa quotas allow and a random lottery (through computer generation) takes place to determine which applications are successful. 

Exceptions to the H-1B visa quota

Within the general 65,000 visa lottery, there are 2 exceptions which have a guaranteed number of visas set aside for certain nationals as a result of trade agreements with these countries. These exceptions are:

• 1400 for Chilean nationals.
• 5400 for Singaporean nationals.

The H-1B visas issued to these groups under these exceptions are technically H-1B1 visas, but their numbers count against the general draw.

However, any leftover positions for either Chile or Singapore in one year are rolled over into the following year’s general draw (and not specifically reserved for these H-1B1 classes). In that instance, there may be more than 65,000 spots available in a given year.

There are also some exceptions to those working in higher education or advanced research; these exemptions are given to the organisations that fit very specific guidelines, not to the international visa holder. 

Order of the H-1B visa lottery

Until recently, the general draw took place prior to the lottery for the 20,000 spots available to internationals with a US graduate degree. However, in an effort to attain more highly-qualified H-1B visa holders, the draws were reversed beginning in 2019 (to begin work in 2020). 

Is there a way to avoid the H-1B lottery?

Not really; H-1B visas are awarded based on quotas via this lottery system. But there are a few scenarios which appear to sidestep the lottery:

• If you’re a national of Chile or Singapore, you have very strong odds - and there are several years where your application automatically moves to the verification step.
• If there are fewer applications than the set quotas; each application is selected and moves to the next step.

H-1B visa eligibility and application

The H-1B visa category is reserved for specialised workers. This can be in just about any field, from religious work to technical engineering. However, it must be shown that:

• The employer has been unable to fill this position within the existing US labour pool, and
• The candidate possesses deep knowledge of the position and field of work.

Depending on the field, a minimum of a bachelor’s degree, its equivalent, or 12 years of specialised work experience is necessary for an applicant to qualify. 

Your employer submits your H-1B petition on your behalf

Your H-1B application, or petition (as it’s often called), and the related fees are submitted on your behalf by a sponsoring employer. This ensures that there is a company willing to stand by you during your time in the US. However, you’ll need to work closely with your sponsor’s HR and legal departments to ensure they have everything needed for the application.

Looking for an employer to sponsor your H-1B visa? These are the top 10 companies sponsoring international workers on H-1B visas. 

When to submit an H-1B application

USCIS has very specific timing requirements for H-1B applications and the commencement of work.

Applications open on 1 April. If a petition is successful, the H-1B visa holder may begin work on their H-1B visa on 1 October. As the petition may not be submitted more than 6 months prior to the start of work. It’s possible to specify an earlier start date, but it’s not possible to apply earlier.

A lottery is triggered as soon as there are more petitions than the caps allow - and this happens rapidly, so it’s advised to submit applications as soon as possible after 1 April. 

H-1B steps, forms and fees

As long as you meet the minimum requirements for the H-1B visa and once you have accepted a position with a company willing to sponsor your visa, you can begin the petition process.

Keep in mind that it will take some time to complete an application, so you and your employer should get started long before April to make sure you’ve got everything in order.

Here’s how it works: 

1. Your sponsor applies for Labor Conditions Approval (LCA) from the Department of Labor (DoL). This outlines the job, working conditions (including location), salary and benefits of the position. It’s best to ensure this is done before the beginning of March to get approval before 1 April. 

As long as everything is in order, you’ll be able to begin work from 1 October, with entry into the US 10 days prior to your start date - or without leaving the US if you’re moving from another visa class in the US. 

Building credit in the US while working on an H-1B visa

Whether you plan to remain in the US for the maximum 6 years granted by the H-1B visa or you’re hoping to apply for a Green Card in the future, your credit score and history in the country is critical.

From getting a credit card to getting a car loan; credit is central to life in the US - and there are several ways to get a great score - and this guide will take you through all your options, step-by-step.