The H-1B Visa, Explained

The H-1B Visa, Explained

FROM LCA TO I-129: NAVIGATING THE H-1B VISA APPLICATION PROCESS STEP-BY-STEP
Prepared by TRW Law Firm – Global Immigration Division
Updated: April 25, 2025

✅ What Is the H-1B Visa?

The H-1B visa is a non-immigrant visa that permits U.S. employers to temporarily hire foreign professionals in specialty occupations. A specialty occupation is one that requires the application of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent.

Key Attributes of the H-1B Visa:

■ Specialty Occupation Requirement: The job must demand both theoretical and practical application of a specialized field of knowledge. ■ Employer Sponsorship: The petitioning employer must file a Form I-129 with the U.S. Citizenship and Immigration Services (USCIS). ■ Annual Cap: 65,000 regular H-1B visas are available per fiscal year, with an additional 20,000 for U.S. master’s degree holders. ■ Lottery System: A computerized random selection process applies if petitions exceed the cap. ■ Initial Validity & Extensions: Initially valid for up to 3 years, extendable to a maximum of 6 years. ■ Dual Intent: Allows beneficiaries to pursue lawful permanent residency (green card) while in H-1B status.

✅ Why Employers and Workers Choose H-1B

Benefits for Employers: ■ Access to a global talent pool. ■ Opportunity to bridge local skill gaps. ■ International competitiveness.

Benefits for Workers: ■ Work in the U.S. in a field of specialization. ■ Pathway to green card and eventual citizenship. ■ Cultural, professional, and personal enrichment.

✅ Eligibility Requirements

📄 For Employers:

■ Specialty Occupation Verification: Must show the role requires a specific degree. ■ Labor Condition Application (LCA): File with the Department of Labor (DOL) demonstrating:

• Wages at or above prevailing wage.
• No adverse effect on similarly employed U.S. workers.
• No ongoing strikes or lockouts. ■ Form I-129: Petition for Nonimmigrant Worker. ■ Employer-Employee Relationship: Proof of control over the H-1B employee’s work.

📄 For Foreign Nationals:

■ Minimum Qualifications:

• Bachelor’s degree (or equivalent) in a related field.
• Equivalency evaluation required for foreign degrees. ■ Job Offer: From a U.S.-based employer in a specialty occupation. ■ Experience: Sometimes needed, especially in lieu of a degree. ■ Licensing: Mandatory for roles in fields like medicine, law, or education.

✅ H-1B Cap and Exemptions

🔢 Cap-Subject Petitions:

■ 65,000 general limit. ■ 20,000 additional spots for U.S. master’s degree holders.

🏢 Cap-Exempt Petitions:

■ Institutions of higher education. ■ Non-profit and government research organizations. ■ J-1 waiver physicians in underserved areas.

✅ Specialty Occupations Breakdown

To Qualify, a Position Must:

■ Require a bachelor’s or higher degree. ■ Follow industry-wide standards. ■ Have duties so complex that a degree is necessary. ■ Be part of a company policy that requires such education.

Applicant Qualifications:

■ U.S. bachelor’s or higher degree in the specific specialty. ■ Foreign equivalent verified through credential evaluation. ■ Recognition of education, training, or experience as equivalent.

✅ Step-by-Step H-1B Process

1. 💼 Job Offer & Registration

■ Employer determines need for H-1B worker. ■ During March registration period, employer submits electronic registration. ■ USCIS runs lottery if needed and selects registrants.

2. 📅 Labor Condition Application (LCA)

■ Employer files Form ETA-9035 to the DOL. ■ DOL certifies LCA in approximately 7 business days.

3. 📃 Petition Filing (Form I-129)

■ Includes:

• Certified LCA
• Evidence of education/experience
• Letters of support
• Visa filing fees

4. 🚪 USCIS Processing

■ USCIS adjudicates the petition. ■ May issue Request for Evidence (RFE). ■ Approval results in Form I-797 issuance.

5. 🌐 Visa Application (if abroad)

■ Applicant completes DS-160. ■ Attends interview at U.S. Embassy or Consulate. ■ If approved, visa stamp is issued.

6. 🛬 Entry & Employment

■ H-1B holder can enter up to 10 days before start date. ■ Begins employment as per petition.

✅ H-1B Visa Costs

✅ H-1B Processing Timeline

✅ H-1B Stamping & Travel

■ Stamping required for travel. ■ If applying from within the U.S., approval notice suffices. ■ Documents required: DS-160 confirmation, I-797, fees, passport photo, degree copies, employment letters.

✅ Domestic H-1B Visa Renewal

New Policy for 2025:

■ Select H-1B holders can renew visa within the U.S. ■ Must have been issued previous visa in India/Canada. ■ Limited pilot program — not yet extended to H-4 dependents.

✅ Transitioning to Green Card

Typical Steps:

1. PERM Labor Certification
2. I-140 Immigrant Petition
3. I-485 Adjustment of Status (or consular processing)

Delays:

■ Per-country caps (notably for India & China). ■ CSPA (Child Status Protection Act) for dependents aging out.

✅ FAQs

■ Can I apply for H-1B without a job offer? No. ■ Can my spouse work on H-4? Yes, if you have an approved I-140. ■ Can I transition to a green card? Yes, H-1B is dual intent. ■ Is H-1B different from H-1B1? Yes. H-1B1 is for Chile/Singapore nationals. ■ What is the minimum salary? Prevailing or actual wage, whichever is higher.

📍 Contact TRW Law Firm for H-1B Visa Assistance

TRW Law Firm provides end-to-end legal guidance on U.S. immigration matters, including corporate immigration, PERM filings, I-129 petition strategies, and cap-exempt sponsorships.

Contact Information:
☎️ +8801708000660
☎️ +8801847220062
☎️ +8801708080817
📧 info@trfirm.com | info@trwbd.com | info@tahmidur.com
🏢 Dhaka: House 410, Road 29, Mohakhali DOHS
🏢 Dubai: Rolex Building, L-12 Sheikh Zayed Road.

For more information and legal support regarding your H-1B strategy, visit tahmidurrahman.com.

Prepared by TRW Law Firm — Your Global Immigration Partner