The good, the bad, and the lottery

The H-1B Visa: An Overview

The H-1B visa is a popular visa for skilled workers,. It is a nonimmigrant visa that allows U.S. employers—especially those looking to recruit and retain top talent from all over the world—to employ foreign workers in specialty occupations. These occupations typically require specialized knowledge and a bachelor’s degree or its equivalent in the relevant field.

A specialty occupation is one requiring the theoretical and practical application of a body of highly specialized knowledge, and the attainment of a bachelor’s degree or higher in the specific specialty (or equivalent) as a minimum for entry into the occupation in the USA.

H-1B Annual Cap and Lottery System

Each year, the U.S. government sets a limit on the number of H-1B visas issued. The cap is currently at 65,000 for applicants with a bachelor’s degree, plus an additional 20,000 for those holding a master’s degree or higher from a U.S. institution. Because of high demand, a lottery system is used to select the recipients of these visas.

Some employers, like certain nonprofit entities, universities, nonprofit research organizations and government research organizations are exempt from the cap. These employers aren’t bound by the lottery and can submit an H-1B petition to USCIS at any point during the year. (Of course, if you want to change employer to an organization or company that is subject to the cap, you’ll generally need to go through the lottery.)

How does the H-1B Lottery work?

In March, the H-1B registration period usually opens for a couple of weeks. During this time, employers can submit their electronic registration(s). USCIS then chooses the petitions that will be selected for processing using a computer-generated randomisation.

H-1B Application Process

1. File Labor Condition Application

If you’re eligible, the first step is to file a Labor Condition Application (LCA) with the Department of Labor, which verifies that the employer will pay the H-1B worker the ‘prevailing wage’ for that position, and that it won’t adversely affect the wages and working conditions of similarly employed workers in the U.S.

2. Register for the H-1B Lottery

The application process for an H-1B visa then involves a registration period in March, when employers submit details of the prospective employee. In 2024, the registration fee for employers was $10, but that will increase to $215 from 2025. Soon after registration closes, the lottery takes place, and successful applicants can then proceed with their visa petitions. (Note that even if you win the lottery first time around, you won’t be able to start work until at least October 1st of that year, unless your employer is cap-exempt.)

3. Submit the H-1B petition (Form I-129)

The employer submits a petition, Form I-129, and supporting documentation to the government (specifically USCIS) on the employee’s behalf.

4. Apply for the H-1B visa at an embassy or consulate abroad

If you’re outside the U.S. you’ll also need that visa in your passport. You can do this by applying at the U.S. embassy/consulate outside the U.S. once you get USCIS’ approval.

Key Eligibility Requirements & Documents

To be eligible for an H-1B visa, the employee needs:

1. A job offer from a U.S. employer for a position that qualifies as a specialty occupation
2. At least a bachelor’s degree or its equivalent in the specific specialty related to the job; and
3. To be paid the prevailing wage for the occupation in the area of intended employment.

For a successful H-1B petition, several documents and attestations are required, such as:

1. Proof of Employment: This includes a letter from the employer or recent pay stubs.
2. Educational Qualifications: Copies of degrees, certifications, or licenses relevant to the position.
3. Prevailing Wage Determination: Obtained from the Department of Labor, this ensures the H-1B worker is paid at least the same as others in similar roles locally.
4. Labor Condition Application (LCA): Filed with the Department of Labor, the LCA certifies that the employer will pay the prevailing wage and that hiring an H-1B worker won’t adversely affect U.S. workers.

Visa Costs and Fees

Employers are generally responsible for the fees associated with the H-1B visa process. This can be off-putting to some employers, but the only upfront cost is the price of entering the lottery ($215 as of March 2025), and that’s a small price to pay when it comes to retaining talented international workers. The cost of filing varies depending on the size of the employer, but currently USCIS’ filing fees are:

• Form I-129
  • $460 (small employers, 25 or fewer employees)
  • $780 (large employers, more than 25 employees)
• Asylum program fee:
  • $300 (small employers)
  • $600 (large employers)

You may also opt for Premium Processing (a service guaranteeing a decision within 15 business days), for an additional fee of $2,805.

H-1B FAQs

1. How long does it take to get an H-1B visa?

If your employer is subject to the H-1B cap, here’s the general timeline. The H-1B visa process generally starts in March when your employer registers you for the lottery. A few weeks later, usually in early April, the registrants selected by USCIS can submit their I-129 petitions. Once approved, it takes a short time to get your visa appointment if you’re in the UK. The employee can then begin employment on October 1st of the same year. Of course, this timeline can change because processing times can vary and each case is unique, so best talk to a lawyer.

2. How long can you stay in the U.S. on an H-1B visa?

Initially, your H-1B visa will be valid for up to three years, with extensions possible for another three. That means you can have six years in the U.S. on an H-1B. Some H-1B visa holders pursuing green cards (LPR status) can extend their stay even further while they’re waiting for that process to play out.

3. How do I find out which employers sponsor H-1B employees from the UK?

If you search online you’ll be able to see which employers have sponsored workers in previous fiscal years, which can be a good indication that they will do so in future. You can also join our community and we’ll help you figure it out in collaboration with our awesome partners!