Work visa · H-1B

H-1B visa process: your 7-step guide

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The usual yearly timeline

These are the usual months. Dates, fees and the selection method change, so always check USCIS.

Before you startMatch your degree to a job, and find a sponsoring employer
March (usually)Your employer registers you for the selection
End of March (usually)You learn if you were selected
April to June (usually)Your employer files the petition
After approvalVisa interview if you are abroad, or change of status if you are in the U.S.
From October 1 (usually)You may start work for that employer
After you startTransfers, extensions, family and, later, a green card

Understand the H-1B

Know what the visa is, who can ask for it, and what it does not do.

Before you start

Your employer applies

You cannot apply for an H-1B on your own. A U.S. employer sponsors you and files the petition.

A degree-level job

The job must be a specialty occupation: it normally needs at least a bachelor's degree in a related field.

Cap and lottery

Most new H-1Bs fall under a yearly limit (the cap) and are chosen by a lottery or selection process. Some employers are cap-exempt.

H-1B eligibility →About the H-1B →

Find a sponsoring employer

Find an employer who will sponsor an H-1B for your kind of job.

Months before the lottery

Your degree matches the job, or you have equal experience
The employer says clearly, before you accept, that it will sponsor an H-1B
Ask what the employer pays for: the legal fees, the filing fees and the cost of a premium service
Ask if the employer is cap-exempt (some universities, non-profit research groups and similar employers)

Cap-exempt employers →Sponsorship jobs →

Registration and the lottery

Your employer registers you for the yearly selection.

Usually in March

Your employer creates a USCIS online account and registers you during the registration period (usually March)
You give accurate details: your name, passport and birth information
Your employer pays the registration fee
USCIS tells your employer if you are selected, usually by the end of March

Lottery registration process →

Your employer files the petition

Your employer prepares and files the full H-1B case.

After selection, in the filing window

What your employer does

Files a Labor Condition Application with the Department of Labor, which sets the job and wage
Files Form I-129 with USCIS inside the filing window, with the fee and your documents
May choose premium processing for a faster decision (a fee applies)

What you may be asked for

Passport and any earlier U.S. visas
Degree certificates and transcripts
Credential evaluation if your degree is from outside the U.S.
Your resume
Letters from past employers

Get the approval

Know what the approval notice means and what it does not.

After USCIS decides

Your employer receives the approval notice (Form I-797)
The earliest start date is usually October 1 of the fiscal year
Check your name, dates and employer on the notice
Keep the original notice safe. You need it for the visa and for later steps.

Get the visa or change your status

Pick the right path from your situation.

Depends where you are

If you are outside the U.S.

Fill in the DS-160, pay the visa fee and attend a visa interview at a U.S. embassy. Bring the I-797, your passport and your papers.

If you are in the U.S. on F-1

Your employer may ask USCIS to change your status to H-1B inside the U.S., so you do not need a new visa unless you travel. Your OPT may be extended while the case is pending.

F-1 to H-1B change of status →Work visa waits →No slot? What to do →

Starting work and staying in status

Know the main rules once you are working.

After you arrive

Work only for the employer or employers on your approved petition
Keep your I-94 and approval notice
If you change employers, the new employer files a transfer petition
H-1B is normally granted for up to three years at a time, with a total limit of six years, unless an extension applies
Ask about extensions before your status runs out

Family and green card

Family: H-4

Your spouse and children under 21 may get H-4 status. Some H-4 spouses can apply for work permission.

Green card

Many H-1B workers move on to a green card, which often starts with the employer's PERM labor certification. This can take years.

Employer transfer process →Extension requirements →H-4 dependent visa →PERM labor certification →Visa Bulletin →

Who does what

1. Your employerregisters you and files the petition

2. USCISapproves or denies the petition

3. The embassy or borderdecide on the visa stamp and your entry

An approved petition is not a green card, and it only covers the employer named on it.

Visa Status is an unofficial site. This is a general guide in plain words, not legal advice. H-1B rules and fees change often, so check USCIS and ask your employer or an immigration attorney about your own case. Written October 2026.