Common Misconceptions
Misconception 1: Finding H-1B sponsorship is impossible. Reality: The U.S. government receives approximately 600,000 H-1B petitions annually from companies. International candidates can secure sponsorship, particularly if physically present in the U.S. under a temporary visa allowing quick employment, or through large companies experiencing labor shortages.
Misconception 2: "The H-1B is for IT people." Reality: H-1B covers all specialty occupations across 70+ fields annually. IT represents 75% of petitions and 95% for new candidates from overseas.
H-1B Eligibility
Candidate's Requirements:
- Bachelor's degree in the specific specialty from an accredited institution, OR 3 years of experience per missing year of study demonstrating progressively responsible expertise
- Majority of experience must relate to the diploma above (if applicable)
- Pursue the same industry vertical at an expertise level (specialty occupation)
Special eligibility: Chilean or Singaporean citizens meeting the above conditions qualify for H-1B1; all others qualify for H-1B.
Entities' Requirements
Any entity can assume H-1B obligations. For general/non-specific degrees, the company must have a dedicated department matching the specialty.
- Cap-exempt entities include: institutions of higher education
- Nonprofit entities affiliated with higher education institutions
- Nonprofits or U.S. governmental research organizations
- Organizations requiring H-1B employees to work at any of the above categories
Position's Requirements
H-1B occupations require a bachelor's degree in a specific specialty. The degree requirement must be standard across the industry for parallel positions. Alternatively, positions require theoretical and practical application of highly specialized knowledge. An employer-employee relationship is required (W-2 part-time or full-time, not 1099 contracts).
Examples of H-1B jobs: Engineers, scientists, postdoctoral researchers, accountants, teachers, professors, lecturers, nurses, physicians (list not exhaustive).
Multiple employment: Candidates can work part-time or full-time for one or multiple employers as long as each qualifies as H-1B and employers assume obligations. If employed with a cap-exempt part-time employer, other employers (including non-cap-exempt) can petition immediately without a lottery.
H-1B Visa & Employment Duration
H-1B & H-1B1 typically expire after 3 or 5 years and can be renewed once, depending on citizenship country. Duration lookup is available at travel.state.gov (search country, select "H" visa classification, check "Validity Period").
Employees remain tied to their sponsoring employer(s). If laid off or employment ends, the H-1B visa remains valid for 10 days following the last working day. Within those 10 days, the holder must transfer the H-1B or file a status change.
H-1B Transfer
As long as the H-1B is valid and the employee, new entity, and new occupation are eligible, new employers can petition immediately without a lottery. The annual cap and deadline apply only to new H-1B petition approvals.
Note: If the first H-1B employer is cap-exempt, the new employer must also be cap-exempt for the transfer.
Transfer to Another Visa
No restrictions apply on filing for or obtaining other visa types while holding a valid H-1B. The H-1B is a dual-intent visa, offering an easier path to permanent residency (Green Card).
Compensation & Benefits
Employers must pay at least:
- 17th percentile for level 1
- 34th percentile for level 2
- 50th percentile for level 3
- 67th percentile for level 4
Candidates are responsible for researching and negotiating compensation before accepting offers.
Workplace Rights: All H-1B employees have the right to work in a healthy and safe workplace, free from discrimination, harassment, and exploitation. Employers must comply with all federal and local workforce laws.
Family
Spouses and unmarried children under age 21 qualify as dependents and may live in the U.S. under H-4 visa status.
H-4 visa holders can study in the United States. H-4 spouses can file for an Employment Authorization Document (EAD) after arrival and work in the U.S.
Parties Involved
The sponsoring entity is the future employer. The company must retain a certified immigration lawyer.
Process Step by Step
Here is the process in the correct order:
- Find a job at an entity willing to sponsor for H-1B
- Entity registers with the CAP (except cap-exempt entities)
- Entity files the H-1B petition
- Apply for the H-1B visa if outside the United States
- Obtain the H-1B visa and travel to the United States (if outside the country)
Important: No steps can be skipped. A job offer from a sponsoring entity is a prerequisite for CAP registration or petition filing.
Job Search Duration
Duration varies based on the candidate profile, the difficulty U.S. employers face hiring in the field, and a potential requirement to pass a U.S. license.
Timeline example: A candidate with all necessary licenses/credentials, a professionally rewritten American resume and cover letter, applying for five or more targeted jobs weekly at H-1B companies, and prepared for interviews, typically receives an ideal job offer with visa sponsorship within four months.
H-1B Visa Process Duration
Processing time from steps 2-5:
- Cap-exempt entities: 4-6 weeks; no annual deadline or cap
- Chilean candidates (H-1B1): 9-10 months; annual cap registration in March with a 1,400 yearly cap (not yet reached)
- Singaporean candidates (H-1B1): 9-10 months; annual cap registration in March with a 5,400 yearly cap (not yet reached)
- Master's degree graduates from U.S. accredited institutions: 9-10 months; annual cap registration in March with a 20,000 yearly cap (currently at 105% reached, meaning 5% won't be selected) or 65,000 for those not picked in the first lottery (currently at 350%, meaning 70% of that 5% won't be decided at the second lottery)
- All other candidates: 9-10 months; annual cap registration in March with a 65,000 yearly cap (currently at 350% capacity, approximately a 30% selection chance). If not selected, candidates can file again the following March, and yearly thereafter, until selected
H-1B Visa Fees
The H-1B fee is approximately USD 17,000.
Fees are paid by the U.S. employer, not the visa candidate.
Alternatives
The J-1 visa serves as an alternative for professionals regardless of age or position level:
- Not subject to strict annual caps (accessible year-round)
- Easier to find a sponsoring company (no sponsorship requirement)
- Faster processing (approximately 2 weeks)
- Provides an opportunity to live and gain U.S. experience