United States H-1B visa

What is the U.S. H-1B visa?

The H-1B visa is a U.S. non-immigrant work visa that allows employers to hire foreign professionals in specialty occupations—jobs requiring specialized knowledge and at least a bachelor’s degree or equivalent. It is one of the primary ways the U.S. fills skill gaps in industries like technology, engineering, and health sciences.

Key points:

• • Issued to workers in “specialty occupations” (e.g., IT, engineering, finance, healthcare, research).

  • Requires employer sponsorship — individuals cannot self-apply.

  • Initial period of stay: up to 3 years, generally extendable to a maximum of 6 years.

  • Considered a “dual intent” visa: H-1B holders may pursue permanent residency while in status.

  • Spouses and dependents under 21 can accompany the visa holder under H-4 status (some may qualify for work authorization).

H-1B Lottery & Cap

• Annual quota: 65,000 visas, plus 20,000 for U.S. master’s degree holders.

• Lottery system: Randomized selection if applications exceed cap.

• Cap-exempt petitions: Universities, nonprofits, and certain research organizations are exempt.

Timeline & Process for applications

1. Registration period: Usually in March each year.

2. Lottery selection: Random selection if applications exceed cap.

3. Petition filing window: Selected applicants submit full I-129 petition.

4. USCIS adjudication: Approval, denial, or Request for Evidence (RFE).

5. Consular processing / change of status: Apply for H-1B visa at U.S. consulate or change status if already in the U.S.

What is the H-1B visa used for?

The H-1B visa serves several key functions:

Bridging talent gaps
U.S. employers use the H-1B to hire foreign professionals in fields where they cannot sufficiently recruit U.S. workers with the necessary skills or education.

Specialized roles
The visa is used for roles requiring specific expertise (e.g. software developers, data scientists, engineers, researchers).
American Immigration Council

Temporary employment with possibility of transition
While it is a temporary visa, many H-1B holders use it as a stepping stone toward long-term stay through employment-based immigration.

Dependent family
Spouses and children under 21 may accompany the H-1B holder under H-4 status (though H-4 dependents generally cannot work, unless they qualify for certain employment authorization under specific conditions).

Portability
An H-1B holder can switch employers (the new employer must file a petition) and can travel internationally (with visa stamping) while maintaining status.

Eligibility Criteria

• Worker qualifications: Bachelor’s degree or equivalent in a relevant field; specialized skills required for the job.

• Employer eligibility: U.S. companies or organizations willing to sponsor and comply with labor laws.

• Cap-exempt employers: Universities, nonprofit research organizations, and government research institutions may file H-1B petitions outside the annual cap.

Recent changes & developments (2025)

The H-1B visa program is undergoing significant shifts as of 2025. Some changes are already in effect, while others are in proposal or implementation stages. Below is a summary of key changes and issues to watch:

Risks, criticisms, & what to watch

• Access for early-career / lower-paid workers
  The high new fee and wage-based selection may exclude many younger or lower-paid professionals, effectively making H-1B viable only for senior, high-salary roles.

• Legal challenges / litigation
  Some of the changes (especially the $100,000 fee and entry restriction) face questions about legality and constitutionality, so courts may intervene.

• Employer burden & reduced hiring
  Smaller firms or startups that rely on H-1B sponsorship may scale back international recruitment or explore alternatives such as remote hires or different visa categories.

• Uncertainty & transitional confusion
  Because many changes are quite recent, implementation, exemptions, and policy guidance may evolve. Stakeholders must watch regulatory updates closely.

• Global / diplomatic impact
  Countries sending many H-1B workers (e.g. India) have already expressed concern about effects on families and talent mobility.

Employer Responsibilities under the H-1B Program

• File and pay for the petition
  Employers must submit Form I-129 to USCIS and cover certain required fees (filing, training, fraud prevention). Some optional legal/filing costs can be shifted to the worker, but the bulk of required fees are the employer’s responsibility.

• Labor Condition Application (LCA)
  Before petitioning, employers must file an LCA with the Department of Labor certifying:

  • The worker will be paid at least the prevailing wage for that occupation and location.

  • Hiring the H-1B worker will not adversely affect U.S. workers’ conditions.

  • Notice of the LCA has been given to employees or their union.

• Maintain a Public Access File
  Employers must keep a file with details of the LCA, wage information, and other required documents available for inspection.

• Pay required wages
  Employers must pay the higher of the “actual wage” (what they pay other employees in similar roles) or the “prevailing wage” (set by the Department of Labor).

• No “benching” without pay
  H-1B workers must be paid even during nonproductive periods (unless the worker is unavailable for personal reasons, like vacation or illness).

• Provide notice of changes
  If the H-1B worker’s job duties, location, or terms of employment change significantly, the employer may need to file an amended petition.

• Return transportation costs
  If the employer terminates the worker before the end of the authorized period, they must cover the reasonable cost of return transportation to the worker’s last place of residence abroad.

• Cooperate with audits and site visits
  The Department of Labor and USCIS may audit or conduct site visits to verify compliance. Employers must cooperate and provide requested records

Noncompliance & Penalties

Employers who fail to meet H-1B requirements can face serious consequences. Enforcement is handled by the Department of Labor (DOL), U.S. Citizenship and Immigration Services (USCIS), and sometimes the Department of Justice (DOJ).

Possible penalties include:

• Civil fines – ranging from a few thousand dollars up to tens of thousands depending on the violation (e.g., willful misrepresentation, failing to pay wages).

• Payment of back wages – if an H-1B worker was underpaid or “benched” without pay.

• Debarment – employers may be barred from filing H-1B petitions (and sometimes other employment-based visas) for a set period.

• Criminal liability – in cases of fraud or willful misrepresentation.

• Reputational damage – investigations and penalties can affect an employer’s ability to recruit and retain talent.

Common violations:

• Paying below the required wage.

• Filing an inaccurate Labor Condition Application (LCA).

• “Benching” workers without pay when no work is available.

• Failing to notify USCIS of material job changes or early termination.

H-1B vs Other Work Visas

Worker Rights & Benefits

• Portability: Change employers while maintaining status.

• Protection: Safe from retaliation if reporting violations.

• Dependents: H-4 dependents can accompany; some spouses eligible for H-4 EAD.

• Travel rights: Can travel internationally with valid visa and petition approval.

Trends & Statistics

• Industries:

  • Technology & IT: Software development, cloud computing, AI/ML, cybersecurity remain the largest employers of H-1B workers.

  • Healthcare & Life Sciences: Hospitals, medical research, biotech, and pharmaceuticals increasingly rely on H-1B professionals.

  • Engineering & Manufacturing: Civil, mechanical, and electrical engineers are frequently sponsored.

  • Finance & Analytics: Data scientists, quantitative analysts, and actuarial roles are high-demand.

• Countries of origin:

  • India consistently accounts for roughly 70% of H-1B approvals, reflecting its large pool of IT and engineering talent.

  • China is usually the second-largest source, followed by Canada, South Korea, and the Philippines.

• Approval & RFE trends:

  • Overall approval rates for specialty occupations are high (around 85–90% in recent years), but Requests for Evidence (RFEs) are increasingly common due to documentation or wage concerns.

  • Cap-subject petitions often see a lottery selection rate of 30–35%, reflecting high competition.

• Policy impacts:

  • The $100,000 fee (2025) and wage-based lottery preference are expected to shift hiring toward higher-salaried, senior professionals, potentially reducing opportunities for entry-level foreign talent.

  • Project Firewall signals more stringent auditing and enforcement, particularly around wage compliance and LCA documentation.

  • Future administrations may continue skills- and wage-based prioritization, affecting the demographic of H-1B holders.

  • Legislative proposals are under discussion to tighten eligibility requirements, improve wage protections, and reduce program abuse.