H-1B visa: what is it?

LiveRec EditorialUpdated

The H-1B visa is a temporary US work status for specialty occupations. The employer registers and files; most new cases count against an annual cap. It ties your right to work to a specific employer, so changing jobs usually means a new filing. See the full guide for dated rules and what varies by case.

What counts as a specialty occupation

USCIS describes it as work that generally requires highly specialized knowledge and at least a bachelor's degree in a directly related specialty.

How it works, per USCIS

  • Cap. There are 65,000 regular H-1B visas a year, plus 20,000 more for people with a master's degree or higher from a US institution.
  • Registration. Cap-subject petitions must be based on a valid, selected electronic registration for the same person and fiscal year. Registration typically opens in March.
  • Labor Condition Application. The employer needs a Department of Labor certified LCA and files it with Form I-129.
  • Length. The first approval is up to 3 years and can be extended by up to 3 more, for a 6-year total.
  • Cap-exempt employers. Universities and their affiliated nonprofits, nonprofit research organizations and government research organizations are not subject to the cap.
  • Changing employers. A worker may start with a new H-1B employer once that employer files a non-frivolous I-129, provided it is filed before the current authorized stay ends.

What it means for job seekers

Because the status is tied to an employer, your search, offer and start date interact with filing timelines. Ask early whether an employer sponsors H-1B. On LiveRec the visa sponsorship filter shows jobs whose employer marked sponsorship as available. That is a marker the employer set, not a promise of a filing.

Example

A software engineer is registered by an employer in March. If selected, the employer files the petition for the next fiscal year, and the engineer can start only after approval and when the start date arrives.

Sources

This is general information, not legal, tax or immigration advice. Rules change and your situation may differ. Consult a licensed attorney or qualified adviser.