Every year, thousands of people want to start a career in the United States. Some come alone, some bring family, and others have skills that U.S. companies need. Visas like the H-1B make this possible.

These visas are more than just legal papers. They match a person’s skills with actual job opportunities, especially in fields like technology and healthcare. They allow foreign workers to contribute, learn new things, and be part of the worldwide economy.

Visas open the way for fresh ideas and innovation. They build up industries and can even shift a country’s economic path. This blog post explains the importance and rules of work visas for professionals and employers. It also prepares the reader for the most asked question: “How do you get a work visa?”

What Is an H-1B Visa? Definition and Purpose

The H-1B visa is a temporary non-immigrant program that lets U.S. employers hire foreign professionals for jobs that require specialized skills or advanced education. It is managed by the U.S. Citizenship and Immigration Services (USCIS) and is one of the main pathways through which global talent contributes to the U.S. workforce.

The purpose of the H-1B program is to help U.S. companies fill positions that demand high-level expertise when qualified local workers are not available.

Why Is It Called a “Specialty Occupation” Visa?

The H-1B visa is often referred to as a “specialty occupation visa” because it’s limited to professions that demand a high level of technical or theoretical expertise. U.S. immigration law defines a specialty occupation as one that requires:

• The application of specialized knowledge in a specific field.
• A bachelor’s degree or higher (or its equivalent) is a minimum entry requirement for the position.
• Proof that the individual’s education and experience align with the job responsibilities.

Typical examples include careers in engineering, computer science, medicine, mathematics, finance, and research, fields where advanced education directly impacts professional ability.

Eligibility Criteria for H-1B Visa

Eligibility rules matter because they determine whether both the employer and the foreign professional are truly qualified for the program. Meeting these work visa eligibility criteria is what allows the USCIS H-1B petition to be accepted and reviewed by USCIS without delays or denials.

Employer eligibility

Employers play the most critical role in the H-1B process since the visa can only be filed through sponsorship. Each step they take must prove that the job is legitimate and meets the government’s compliance standards.

• The employer must file an H-1B petition with USCIS on behalf of the foreign worker.
• The job offered must qualify as a specialty occupation, meeting the legal definition described earlier.
• The employer must also file a Labor Condition Application (LCA) with the Department of Labor to confirm fair wage and employment standards.”
• A valid employer-employee relationship must exist, meaning the employer maintains control over how and where the worker performs their duties.

These steps ensure that the position is genuine, fairly compensated, and aligned with U.S. labor protections.

Employee eligibility

For the foreign professional, eligibility centers around qualifications and experience. Each applicant must be able to prove that they meet the educational and professional standards set for the job they’re being sponsored for.

• The applicant must hold at least a bachelor’s degree or higher (or an equivalent qualification) directly related to the occupation.
• If the degree was earned outside the United States, it must be evaluated for U.S. equivalency.
• In cases where a license or certification is required (for example, in medicine or engineering), the professional must hold valid credentials before beginning work.

These requirements protect the integrity of the program and ensure that the H-1B visa remains a pathway reserved for genuinely skilled and qualified professionals.

H-1B Visa Cap and Lottery System

Each fiscal year, U.S. immigration law limits how many new H-1B visas can be issued. This is known as the annual cap.

• The standard cap allows for 65,000 new visas per year.
• An additional 20,000 visas are available for applicants with a U.S. master’s degree or higher (the advanced degree exemption).
• Certain employers, such as universities, nonprofit research organizations, and government research institutions, are cap-exempt, meaning they can file H-1B petitions at any time without being subject to the limit.

When the number of registrations exceeds the cap, USCIS conducts an electronic lottery to randomly select eligible petitions. Employers register their candidates online during a designated period, and those selected are invited to submit full H-1B petitions for USCIS review.

Selection in the lottery doesn’t guarantee approval, but it allows the petition to move forward for consideration. Given the limited number of slots and high demand, careful preparation and timing are essential for employers and applicants each year.

Understanding the Impact of H-1B Visas on the U.S. Economy and Labor Market

The H-1B visa program has been part of the U.S. economy for more than three decades, quietly shaping how businesses grow and how skilled talent moves across borders. It acts as a bridge between opportunity and expertise, helping U.S. employers fill advanced roles while allowing qualified professionals from other countries to contribute their skills and experience.

Over the years, economists have noted several meaningful outcomes:

• Boosts innovation and productivity: H-1B professionals often work in research-driven and technical fields, especially in Science, Technology, Engineering, and Mathematics (STEM) sectors. Their presence helps businesses expand production, develop new technologies, and improve efficiency across industries.
• Supports job creation: When companies bring in high-skill workers, they often create additional positions for U.S. employees in management, support, and related areas. Growth in one specialized role tends to generate growth elsewhere.
• Keeps U.S. industries globally competitive: The program gives American companies access to top talent from around the world. This access helps maintain leadership in areas such as software, biotechnology, and advanced manufacturing fields that rely on expertise that may be hard to find locally.
• Encourages long-term economic growth: Studies from organizations like the American Immigration Council show that regions with higher concentrations of high-skill foreign workers tend to see stronger wage growth and higher rates of entrepreneurship over time.

At the same time, the impact is not entirely uniform. Policymakers continue to discuss how to protect local wages and ensure fair hiring practices, especially in markets where the supply of domestic workers is improving. Balancing these priorities remains a key part of how the H-1B program evolves.

Benefits and Challenges for Employers and Employees

The H-1B program creates real opportunities for both sides, the employers and the professionals. But along with those advantages come a few challenges that shape how the program works in practice.

For Employers

For many businesses, especially in technology, healthcare, and research, the H-1B program helps fill positions that are otherwise difficult to staff locally. These are roles that demand years of study, hands-on experience, and precise technical understanding skills that can be in short supply in certain regions.

Some of the main benefits include:

• Ability to scale teams faster: Employers can fill specialized roles quickly, helping projects move forward without long hiring delays.  
• Access to global perspectives in problem-solving: International professionals often bring new ways of thinking that help companies tackle challenges more creatively.  
• Greater continuity in long-term projects: When key positions are filled by qualified experts, teams maintain momentum and avoid costly interruptions.

Still, managing an H-1B workforce requires careful planning. Employers often face challenges such as:

• Uncertainty in the visa lottery system can make it difficult to secure talent each year.
• Rising legal and filing costs, especially for smaller firms or startups.
• Complex compliance requirements, including wage standards and recordkeeping obligations.

For most companies, the balance is clear; while the process takes effort, the benefits of hiring the right talent often outweigh the challenges.

For Employees

For skilled professionals, the H-1B visa is more than a work authorization; it’s often a stepping stone toward personal and professional growth in the U.S.

Here’s what it means in practical terms:

• Career advancement: H-1B status gives professionals access to advanced roles and exposure to leading U.S. companies.
• Global experience: Working in the U.S. allows professionals to learn from diverse teams and cutting-edge projects, which strengthens their careers long-term.
• Pathway to stability: Many use the H-1B as the first step toward permanent residence or future citizenship.

However, H-1B workers also navigate certain limitations:

• Their employment is tied to the sponsoring employer, which can make job changes stressful.
• Immigration policy updates and backlogs can cause uncertainty around renewals or green card processing.
• The temporary nature of the visa sometimes adds emotional pressure, especially for those building lives and families in the U.S.

For both employers and employees, the H-1B system represents a partnership, one that relies on mutual compliance, trust, and long-term vision to work well.

Key Insight→The H-1B program not only affects hiring and wages but also significantly shapes innovation in the U.S. Companies credit their advancements in technology, medicine, and engineering to diverse teams that include skilled foreign professionals. These workers contribute new ideas, enhance research and development, and address skill gaps in advanced industries, keeping the U.S. economy innovative and competitive for future challenges.

Application Process for H-1B Visa

Getting an H-1B visa can feel complicated at first, but once you know how each part fits together, it starts to make sense. The process mainly involves three parties: the employer, the U.S. Department of Labor (DOL), and USCIS, and every step has a reason behind it.

Here’s the step-by-step answer to the most asked question, “How do you get a work visa?”:

Step 1: The Employer Decides to Sponsor a Worker

It all begins when a U.S. company finds a qualified professional for a job that needs special skills or education. The employer first checks whether the role qualifies as a “specialty occupation” under USCIS rules and whether the worker meets those qualifications. Once that’s clear, the company can start the formal process.

Step 2: Online Registration with USCIS

Before anything else, most employers must complete a quick online registration with USCIS. This step opens each year around March.

• The company creates a USCIS account.
• It registers every worker it plans to sponsor.
• A small registration fee is paid for each entry.

If USCIS gets more registrations than the yearly limit, it runs a random lottery to decide which cases can move forward. Only those selected in the lottery can later file full petitions.

Step 3: Lottery Selection and Filing Window

Once registration closes, USCIS completes the lottery and notifies employers of the results. Those selected usually get around 90 days to submit the full H-1B petition. This timeline matters a lot because late filings aren’t accepted.

Step 4: Filing the Labor Condition Application (LCA)

Next, the employer must file an LCA (Form ETA-9035 / ETA-9035E) with the DOL. This document shows that the company agrees to follow fair pay and working conditions standards. 

The LCA confirms that the employer will:

• Pay at least the prevailing wage for the job and location.
• Offer working conditions that won’t hurt U.S. employees.
• Post a notice that the LCA has been filed.

Once the DOL certifies the LCA, the employer can include it in the final petition.

Step 5: Submitting Form I-129 to USCIS

With the LCA approved, the employer files Form I-129, Petition for a Nonimmigrant Worker. The packet includes:

• The certified LCA.
• The lottery selection notice (if applicable).
• Proof that the job is a genuine specialty occupation.
• The worker’s education, credentials, and other documents.

USCIS reviews the case and may approve it, deny it, or send a Request for Evidence (RFE) asking for more details. It’s normal for USCIS to ask follow-up questions, so clear and complete documentation from the start helps avoid delays.

Step 6: Visa Stamping or Change of Status

Once the petition is approved, what happens next depends on where the worker is.

• If they’re outside the U.S., they apply for the visa at a U.S. embassy or consulate. They fill out Form DS-160 (Online Non-Immigrant Visa Application Form), attend an interview, and get the visa stamped before traveling.
• If they’re already in the U.S. in another valid status, the employer can request a change of status in the same petition. That way, the worker doesn’t have to leave the country to begin H-1B employment.

Step 7: Starting Work and Staying Compliant

For cap-subject cases, the new employment can start as early as October 1, the beginning of the fiscal year. After that, both the employer and the worker must follow the terms of the approved petition, paying the required wage, keeping proper records, and updating USCIS if anything significant changes, like job location or duties.

So while it sounds like a lot, the process of how you get a work visa actually follows a clear order: register, get selected, certify the LCA, file the petition, and once approved, begin lawful work in H-1B status.

Important Documents and Proofs to Prepare

The H-1B process runs mainly on paperwork. The stronger the documents, the smoother the review. Each one proves that the job is real, the employer is responsible, and the worker truly qualifies for it.

Employers Usually Provide →

• Company details such as name, address, tax ID, and proof that the business is active.
• Certified Labor Condition Application (Form ETA-9035/9035E).
• A detailed job description listing duties, required degree, and why it qualifies as a specialty occupation.
• Financial statements or tax records to show the company can pay the offered wage.
• USCIS lottery selection notice, if the case was selected.

Employees Usually Provide →

• A valid passport covering the full employment period.
• Degree certificates and transcripts showing at least a bachelor’s degree in a relevant field.
• Credential evaluation if the degree was earned outside the U.S.
• Resume and experience letters proving practical expertise in the field.
• A professional license or certification, required for the job

Starting this paperwork early gives both sides enough time to review, correct, and file without rushing.

Timeline and Key Dates to Remember

The H-1B process follows a steady yearly rhythm tied to the USCIS fiscal year (October 1–September 30). Missing a window can mean waiting another year, so it’s worth keeping these stages in mind:

• Early February: USCIS announces registration dates for March.
• Early to late March: Employers submit online registrations and pay the fee.
• Late March: USCIS completes the lottery and releases selection results.
• April to June: Selected employers file full petitions with all supporting documents. The window usually lasts at least 90 days.
• By October 1: Approved workers can start their H-1B employment.

Since USCIS sometimes updates dates or fees, it’s always good to check the current H-1B cap season page before each filing period.

What Happens After Approval?

Once the H-1B petition is approved, the real responsibilities begin. Both employers and employees must stay compliant with U.S. laws that go beyond the visa itself. Employers need to follow the terms of the LCA, keep payroll records accurate, and notify USCIS about any major job or wage changes.

Once you become a U.S. tax resident (which many H-1B workers do under the substantial presence test), you may also have FATCA and FBAR reporting obligations if you keep foreign accounts or assets. Understanding these requirements early helps prevent mistakes that can affect both tax filings and H-1B visa renewals later.

In simple terms, getting approved is a milestone, but staying compliant is what keeps your career and status secure.

Recent Changes and New Rules Impacting H-1B Visas

Several significant updates have recently been introduced that alter how employers and workers approach H-1B filings. These include changes to the definition of a specialty occupation, selection mechanisms, fees, and integrity measures.

1. DHS Final Rule Modernizing the H-1B Program

In late 2024, DHS issued a final rule to modernize the H-1B program, which took effect on January 17, 2025, and is designed to modernize how the H-1B visa program works. This update brings the first major set of changes in years and focuses on making the system more consistent, transparent, and fair.

One of the biggest changes is a clearer definition of what counts as a specialty occupation. The rule now states that the required degree must be directly related to the job duties, not just broadly connected. So, for instance, if a position requires a computer science degree, a degree in an unrelated field like marketing would no longer qualify.

The rule also introduces stronger integrity measures, asking for better documentation and more proof that the role truly needs a specialized skill set. Together, these changes aim to reduce confusion and improve the overall quality of H-1B filings.

2. Beneficiary-Centric Selection System

The H-1B lottery now uses what USCIS calls a beneficiary-centric selection process. In simple terms, that means the lottery now focuses on the individual worker, not the number of registrations.

Before, multiple employers could enter the same person into the lottery, which increased that person’s odds unfairly. Under the new rule, each worker can only be selected once per year, even if more than one company wants to sponsor them.

This approach levels the playing field, prevents duplicate entries, and ensures that every applicant has the same fair chance. It also helps USCIS keep the process more transparent and secure.

3. New $100,000 Fee Requirement

Starting September 21, 2025, a new rule will require employers to pay a $100,000 fee when submitting a new H-1B visa petition. The fee currently applies to certain new H-1B petitions filed on or after September 21, 2025, primarily for beneficiaries outside the U.S. or cases requesting consular processing, and does not apply to standard extensions for existing H-1B workers according to current USCIS guidance.

The policy was announced as part of a broader update aimed at reducing unnecessary filings and helping fund program integrity initiatives. While the fee is substantial, officials say it will help offset administrative costs and discourage misuse of the system.

Many smaller employers have expressed concern about the impact of this change, especially startups that rely on H-1B talent. Larger companies, however, are expected to adapt more easily to the new requirement.

4. Annual H-1B Cap Reached Earlier Than Usual

For Fiscal Year 2026, USCIS reached the H-1B cap earlier than expected by July 18, 2025. That means all 65,000 standard visas and the additional 20,000 for advanced-degree holders were already claimed before the new fiscal year began.

This early cap shows just how strong the demand for high-skill professionals remains in the U.S. It also highlights how important timing has become for employers who plan to register workers during the short March window each year. Missing those few weeks can mean waiting an entire year for another chance.

Alternatives to the H-1B Visa and Other Work Visa Options

While the H-1B visa is one of the most common ways to work in the U.S., it’s far from the only one. If you don’t get selected in the lottery or your role doesn’t qualify as a specialty occupation, there are still several visa categories that open the door for professionals, managers, and entrepreneurs to work legally in the United States.

Here’s a quick look at the main alternatives that are most relevant for skilled professionals and employers:

Visa Type	Who It’s For	Key Highlights
H-1B1 (Chile & Singapore)	Professionals from Chile or Singapore	Similar to H-1B, but reserved for nationals of these two countries; easier access and faster processing.
L-1A / L-1B (Intra-Company Transfers)	Executives, managers, or specialists transferring within multinational companies	No lottery involved. It allows multinational companies to transfer their managers, executives, or employees with specialized knowledge from an overseas office to a U.S. branch.
O-1 (Extraordinary Ability)	Individuals recognized for exceptional achievement in science, business, arts, or athletics	Requires proof of extraordinary ability; renewable and not capped annually.
E-3 (Australia-Only Specialty Occupation)	Australian citizens in specialized professional roles	Mirrors the H-1B structure but is exclusive to Australians and easier to renew.
TN (USMCA Professionals)	Qualified professionals from Canada or Mexico	Allows temporary work in approved professions under the United States-Mexico-Canada Agreement (USMCA) treaty; renewable indefinitely.
E-1 / E-2 (Treaty Traders & Investors)	Entrepreneurs or investors from treaty countries	Let individuals start or manage businesses in the U.S. with substantial investment.
H-3 (Training Visa)	Individuals seeking professional or practical training not available in their home country	Non-employment training visa that helps gain U.S. experience and exposure.

Note → There are dozens of U.S. visa categories, but only a few truly fit skilled professionals who want to build their careers in the United States. Exploring alternatives like L-1, O-1, TN, or E-3 early can save time and open doors if the H-1B path doesn’t work out. Each option has its own eligibility, benefits, and limitations, and choosing the right one often depends on your nationality, experience, and employer’s setup.

Maximizing Your Work Visa Impact and Future Outlook

Getting a work visa approved is just the start of building a career in the United States. What really matters afterward is how you manage your ongoing responsibilities, from accurate IRS filings to understanding how your foreign income and assets fit into U.S. tax law, an area that often falls under tax considerations for immigration. 

With more than 25 years of experience as both a tax attorney and CPA, Anthony N. Verni helps U.S. taxpayers, including expatriates and individuals working abroad or in the U.S. under employment-based visas, stay compliant with complex IRS rules. His practice centers on resolving cross-border tax issues and addressing other matters that directly affect Americans living or earning outside the country.If you’re currently working in the U.S. on a visa or plan to in the future, you can get in touch with Anthony N. Verni for a confidential consultation.

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