How to Apply for an H1B Visa in the US

The H-1B visa program is one of the most sought-after pathways for skilled foreign workers to temporarily work in the United States. Understanding how to get H1B visa is essential for IT professionals, engineers, and other skilled workers seeking career opportunities in the US. At KPB Immigration Law Firm, we help clients navigate each step of the process to maximize their chances of approval.

In this guide, we will provide a comprehensive, step-by-step explanation of the H-1B visa application process, including eligibility, employer sponsorship, lottery selection, and tips for approval.

What is an H1B Visa?

The H-1B visa allows U.S. employers to sponsor foreign workers in specialty occupations. These positions typically require a bachelor's degree or higher in a specific field and specialized knowledge or expertise.

The H-1B visa is subject to an annual cap, with a limited number of visas available each fiscal year. There are several categories:

Regular H-1B Visa

This is the most common type and is available to foreign workers in specialty occupations. To qualify, the position must meet criteria such as:

• Requirement for a bachelor's degree or higher in a related field
• Payment of prevailing wages
• Work in a specialty occupation

Cap-Exempt H-1B Visa

Certain employers and positions are exempt from the annual cap. This includes:

• Institutions of higher education
• Nonprofit research organizations
• Government research organizations

Cap-exempt H-1B visas allow employers to sponsor foreign workers without being subject to the numerical limitations.

H-1B1 Visa for Chilean and Singaporean Nationals

This special category allows eligible individuals from Chile and Singapore to work in specialty occupations for up to 18 months, with the option to extend.

H-1B2 Visa for Department of Defense (DOD) Projects

Reserved for foreign workers engaged in cooperative research and development projects funded by the DOD and conducted in collaboration with a US government agency or entity.

H-1B3 Visa for Fashion Models

This category is specifically for fashion models of distinguished merit and ability employed by a U.S. employer in the fashion industry. Applicants must demonstrate extraordinary ability and recognition in their field.

Eligibility Requirements

Before applying, you must meet the eligibility criteria. Understanding these requirements is the first step in knowing how to get H1B visa.

Educational Requirements

• Minimum of a bachelor's degree or equivalent in a specialty field
• Relevant professional experience can sometimes substitute for formal education

Job Requirements

• Position must require a specialized knowledge or skill set
• Employer must demonstrate that the role qualifies as a specialty occupation

Employer Sponsorship

You cannot apply for an H-1B visa independently. A U.S. employer must sponsor your petition and file the required paperwork with USCIS. Employer sponsorship is critical, and careful selection of a sponsoring employer improves your chances of approval.

Step-by-Step H1B Visa Application Process

Here is a breakdown of the H1B visa application process, which includes employer sponsorship and the lottery system.

Step 1: Employer Files Labor Condition Application (LCA)

• The employer files the LCA with the Department of Labor
• Confirms compliance with wage and working condition requirements
• LCA approval is required before petitioning USCIS

Step 2: Employer Submits H1B Petition to USCIS

Once the LCA is approved, the employer files Form I-129, Petition for Nonimmigrant Worker, with USCIS. The petition must include:

• Job description and requirements
• Employee credentials and qualifications
• LCA approval documentation

Step 3: H1B Lottery Selection

Due to high demand, most petitions undergo a lottery system. USCIS conducts a random selection process to allocate H-1B visas under the cap:

• Regular cap: 65,000 visas
• Master's degree exemption: 20,000 additional visas for US advanced degree holders

Not all petitions are selected. Employers may submit multiple eligible candidates, but lottery odds depend on demand each year.

Step 4: Petition Approval

If selected, USCIS processes the petition and may request additional evidence (RFE). Once approved, the employee may proceed with visa stamping at a U.S. consulate.

Step 5: Visa Stamping and Entry

After petition approval, the applicant applies for visa stamping at the U.S. embassy or consulate. Once stamped, the H-1B visa allows entry to the U.S. for employment with the sponsoring employer.

Tips for a Successful H1B Application

• Ensure all documentation is accurate and complete
• Submit petitions early to avoid last-minute issues
• Demonstrate specialty occupation clearly in job description
• Maintain proper records of educational and professional credentials
• Consult experienced immigration attorneys for guidance

KPB Immigration Law Firm provides step-by-step assistance to improve approval chances and avoid common errors.

Employer Sponsorship: Why It Matters

Employer sponsorship is a requirement for H1B visa approval. Your employer must:

• File LCA with Department of Labor
• Submit I-129 petition to USCIS
• Pay prevailing wages and meet compliance obligations

Choosing a reliable sponsoring employer ensures your petition is accurate, timely, and meets regulatory standards.

Understanding the H1B Lottery Process

The lottery system is one of the most challenging aspects of H1B visa applications. With tens of thousands of petitions filed annually, USCIS randomly selects petitions for processing under the cap.

• Not all applicants are guaranteed selection
• Advanced degree holders from U.S. institutions have additional chances
• Cap-exempt petitions avoid the lottery entirely

Our attorneys help clients understand lottery chances and prepare petitions that meet selection requirements.

Maintaining H1B Status

After obtaining the H-1B visa, it is important to maintain status:

• Work only for the sponsoring employer
• File extensions before current H-1B period expires
• Avoid unauthorized employment
• Notify USCIS of changes in job role, location, or employer

Failure to maintain status can affect future immigration benefits.

How KPB Immigration Law Firm Can Assist You

At KPB Immigration Law Firm, we provide comprehensive services to both employers and skilled professionals seeking H1B visas, including:

• Employer guidance on compliance, LCA filing, and petitions
• Representation of foreign workers through the entire H1B process
• Assistance with cap-exempt petitions and lottery preparation
• Strategic advice on maximizing H1B benefits and alternative visa options

We help clients navigate complex requirements, avoid errors, and improve approval chances for their H1B petitions.

Conclusion

The H1B visa program offers a valuable opportunity for skilled professionals to work in the United States. Understanding how to get H1B visa, employer sponsorship requirements, eligibility, and lottery process is essential for a successful application. With careful planning and guidance from experts like KPB Immigration Law Firm, you can navigate the H1B process confidently and pursue your professional goals in the U.S.

For personalized guidance on your H1B visa application, lottery process, or employer sponsorship, reach out to KPB Immigration Law Firm today. Our experienced attorneys are ready to guide you through every step of the process.