Understanding the H-1B Visa Process: What You Need to Know
If you're a professional looking to work in the United States, or an employer hoping to hire foreign talent, the H-1B visa might be the perfect solution. It’s one of the most valuable U.S. visa programs, designed for highly skilled workers in specialized fields. Recent updates to the program have modernized the process, making it more flexible and efficient. Here’s what you need to know about the H-1B process, including how it worked in the past and what’s new for 2025.
What Is the H-1B Visa?
The H-1B visa allows U.S. employers to hire foreign workers for specialty occupations that require specialized knowledge. This often includes roles in technology, engineering, finance, medicine, and education. To qualify, the job must require at least a bachelor’s degree in a specific field related to the position.
The H-1B Process Before 2025
Here’s how the process traditionally worked:
Employer Sponsorship: A U.S. employer sponsors the foreign worker and files a petition on their behalf.
Labor Condition Application (LCA): Employers file an LCA with the Department of Labor to confirm they will pay the prevailing wage and protect U.S. workers.
H-1B Lottery: Due to high demand, there’s an annual cap of 85,000 visas, with 20,000 reserved for those holding advanced degrees from U.S. universities. Applicants are selected through a lottery system.
Form I-129 Filing: Selected applicants move forward with their employer submitting Form I-129, Petition for a Nonimmigrant Worker, to USCIS.
Approval and Visa Stamping: Once approved, the foreign worker applies for the visa at a U.S. consulate and completes a visa interview.
Limitations of the Old Process
The visa was employer-specific, meaning workers couldn’t change jobs without filing a new petition.
Worksites were location-specific, requiring an amended petition if the job location changed.
Strict documentation was needed for third-party work placements, adding administrative burdens.
Overview of the H-1B Updates Starting January 17, 2025
The H-1B visa program is getting a refresh starting January 17, 2025. If you’re an employer or a professional seeking an H-1B visa, here’s a straightforward guide to help you understand what’s changing and how it affects you.
New Form I-129
Starting January 17, 2025, anyone filing for an H-1B visa must use a new version of Form I-129, which reflects the updated rules. These changes are designed to streamline the process and ensure that applicants meet the new standards for qualifying as a specialty occupation. You can preview the new form on the USCIS website.
Specialty Occupation Rules
A job must meet specific criteria to qualify as a specialty occupation:
It must require highly specialized knowledge and a bachelor’s degree in a directly related field.
Employers must prove how the degree is connected to the job’s responsibilities.
If multiple degrees are acceptable, each must directly relate to the job duties.
This ensures that the job truly requires advanced skills and knowledge.
Cap Exemptions for Certain Employers
Some employers, like nonprofit research organizations and governmental research organizations, are exempt from the annual H-1B cap. Starting in 2025:
Research doesn’t need to be the organization’s primary focus, but it must be a fundamental part of its activities.
Remote or off-site work can qualify if it ties back to a qualifying institution.
Third-Party Worksites and Employer Definitions
If an H-1B worker is placed at a third-party site:
USCIS will consider the third party’s job requirements to determine if the role qualifies as a specialty occupation.
Employers no longer need to submit day-to-day work itineraries but must show that the job will exist by the start date.
Additionally, the definition of a U.S. employer has expanded to include entities with a legal presence in the U.S., even allowing owner-beneficiaries to petition for themselves.
Site Visits and Compliance
USCIS now has more authority to conduct site visits to verify job details. These visits may include:
Worksites, including remote or third-party locations.
The beneficiary’s home, if they work remotely.
Employers and third parties must cooperate with these inspections to avoid petition denials or revocations.
Extensions and Validity Periods
For H-1B extensions, employers may need to provide updated information if the requested employment dates change. If this happens, USCIS will ask for clarification, and a new Labor Condition Application (LCA) might be required.
What Do These Changes Mean for You?
The updates aim to make the H-1B process more flexible while ensuring it remains rigorous. Employers can expect less red tape for certain filings, and professionals will benefit from clearer rules on specialty occupations and cap exemptions.
However, navigating these changes can still be challenging. Whether you’re an employer or an H-1B applicant, working with an experienced immigration attorney can help you avoid common pitfalls and maximize your chances of success.
Need Help?
We are here to guide you through the updated H-1B process.