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What To Be Aware of as You Apply for Your H-1B Visa cover

What To Be Aware of as You Apply for Your H-1B Visa

October 5, 2023

It's highly recommended to consult with an immigration attorney or a qualified immigration professional before applying for an H-1B visa as there are many documents and moving parts. You will need to have a job in hand from an employer who will sponsor your H-1B (or OPT/CPT) in order to apply to stay in the U.S. for work. 

Applying for an H-1B visa is not an easy process, with multiple steps and wait periods.  The H-1B visa allows employers in the United States to temporarily hire foreign workers in specialty occupations.

When you are applying (or considering applying for) the H-1B visa, keep in mind these key concerns and considerations:

  • Eligibility Criteria: Ensure that you meet the eligibility criteria for the H-1B visa. This includes having a job offer from a U.S. employer for a specialty occupation, possessing the necessary education and qualifications, and meeting any other requirements set by the U.S. Citizenship and Immigration Services (USCIS).
  • Cap Limitations: H-1B visas are subject to an annual cap, which limits the number of visas issued each fiscal year. See our H-1B blog for more information about caps and what the lottery means for your level of education.
  • Job Offer and Employer Sponsorship: You must have a valid job offer from a U.S. employer who is willing to sponsor your H-1B visa. The employer must file a Labor Condition Application (LCA) with the U.S. Department of Labor, certifying that they will pay you a prevailing wage and adhere to other employment-related regulations. Not all employers are willing to sponsor non-domestic workers, but many job postings will list - in fine print - if they do. To focus your job search efforts only on employers who offer sponsorship, download the FrogHire.aiextension so that you can filter out those who do not offer sponsorship across the five major job boards (e.g., Indeed, Handshake, Linkedin, etc.).
  • Specialty Occupation: The position you are being hired for must qualify as a “specialty occupation,” meaning it requires specialized knowledge, a bachelor’s degree or higher in a specific field, and other relevant qualifications.
  • Education and Qualifications: You need to have the required education and credentials for the specialty occupation. Your education should be evaluated to ensure it’s equivalent to a U.S. degree if you have a foreign degree; see our H-1B blog to learn how to increase your chances at the H-1B lottery with advanced educational degrees.
  • Documentation and Paperwork: The H-1B application process involves a great deal of paperwork given the enormity of an extended stay opportunity in the U.S. This will include forms such as the LCA, Form I-129 (Petition for a Nonimmigrant Worker), and other supporting documents. Any errors or omissions could result in delays or denials.
  • Prevailing Wage: The employer is required to pay you the prevailing wage for your job based on location and industry standards. This is to ensure that your employer is not hiring non-U.S. workers as a way in which to underpay their staff, and to make certain you are paid fair wages.
  • Dependents: H-1B visa holders can bring their immediate family members (spouse and children under 21) to the U.S. as dependents. Spouses and unmarried children under 21 years of age may seek admission in the H-4 nonimmigrant classification.
  • Dual Intent: The H-1B visa is considered a “dual intent” visa, meaning you can pursue permanent residency (a green card) while on an H-1B visa.
  • Travel and Reentry: If you travel outside the U.S. while on an H-1B visa, you’ll need to ensure that you have the appropriate documentation for reentry. Your visa status could be affected if you don’t plan your travel carefully.
  • Extensions and Changes of Employer: If you wish to change employers or extend your H-1B status, there are specific procedures and timelines to follow. Failing to do so correctly could lead to a loss of legal status.
  • Immigration Policies and Changes: Immigration policies and regulations can change at any time. Make sure you stay updated with the latest information from USCIS and other relevant sources. We encourage you to consult with an immigration attorney during (and even before you start) the process of applying for your H-1B work visa.

TLDR: It’s highly recommended to consult with an immigration attorney or a qualified immigration professional before applying for an H-1B visa as there are many documents and moving parts. You will need to have a job in hand from an employer who will sponsor your H-1B (or OPT/CPT) in order to apply to stay in the U.S. for work.  Focus your job search efforts only on employers who offer sponsorship by downloading the FrogHire.aiextension so that you can filter out those who do not offer sponsorship across the five major job boards (e.g., Indeed, Handshake, Linkedin, etc.).

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