The H-1B Visa, Demystified

The H-1B is the visa that powers much of America's skilled workforce, from software engineers to doctors to accountants. It lets a US employer hire a foreign professional for a "specialty occupation." The part people miss is that you cannot get one on your own. The H-1B belongs to the job, not to you, which means everything starts with an employer willing to sponsor.

This guide explains what counts as a specialty occupation, the annual cap and the lottery that decides who even gets to apply, how an employer actually sponsors you, how to find one, and the way the H-1B can lead to a permanent green card.

What the H-1B actually is

An H-1B is a temporary work visa for a role that normally requires at least a bachelor's degree in a specific field, where you hold that degree or an equivalent. The classic examples are technology, engineering, finance, science, healthcare and architecture. Two rules define it:

• It is employer-sponsored. A US company petitions for you, tied to a specific job and salary.
• It is occupation-specific. The role must genuinely require your degree, and your qualifications must match the role.

The cap and the lottery

Demand for the H-1B vastly outstrips supply, so there is a yearly cap, and a lottery decides who can apply. The numbers to know:

• Around 85,000 cap-subject H-1Bs are available each year, including a slice reserved for people with a US master's degree or higher.
• Because far more people register than there are places, US immigration runs an electronic registration each spring and selects registrations at random. Only selected registrations can then file a petition.
• Some employers are cap-exempt, including many universities, nonprofit research bodies and affiliated organisations. Roles with them do not go through the lottery at all, which is a route many people overlook.

How an employer sponsors you, step by step

1. Registration. For cap-subject roles, the employer registers you in the annual electronic lottery.
2. Selection. If your registration is drawn, the employer can move forward.
3. Labor Condition Application. The employer files an LCA with the Department of Labor, promising to pay at least the required wage for the role and location.
4. The petition. The employer files the H-1B petition with the immigration service, with your qualifications and the job details. Faster processing can be paid for.
5. Visa and entry. Once approved, you complete visa processing if you are abroad, then start work on the authorised date.

How to find an employer who sponsors

This is the real bottleneck, and where most candidates give up too early. Practical moves that work:

• Target companies with a track record of sponsorship. Large technology firms, consultancies, banks, hospitals and research institutions sponsor regularly. Public sponsorship records let you see who files the most petitions.
• Look hard at cap-exempt employers, including universities and nonprofit research, which can hire on an H-1B without the lottery.
• Be upfront in applications that you will need sponsorship. Employers who sponsor already expect it; those who do not will not change their policy for one candidate, so do not waste time on them.
• Make yourself worth the paperwork. Sponsorship costs the employer time and money, so a specialised, in-demand skill set is what tips the decision.

The H-1B is only one of several sponsored categories, and it is not always the right fit. Our broader guide to finding a US employer who will sponsor you covers the seasonal, transfer, and specialist routes that sit alongside it.

How long it lasts and the path to a green card

An H-1B is typically granted for three years and can usually be extended to six, and longer if a green card is already in progress. Crucially, the H-1B allows "dual intent," which means holding one does not stop you pursuing permanent residence. Many people use the H-1B as a stepping stone: the employer sponsors a green card through a labour certification and petition, and you adjust to permanent resident status over time. That is the long game, and the H-1B is what buys you the years to play it. If the lottery odds put you off, it is worth comparing this path against Canada's points-based Express Entry system, which leads straight to permanent residence without a draw.

Costs and who pays

The major government and legal fees for an H-1B are generally the employer's responsibility, not yours. Be wary of any "employer" that asks you to pay the sponsorship costs yourself or to kick back part of your wage, since that is both a red flag and often illegal. A genuine sponsor treats the cost as part of hiring you.

Common pitfalls

• Applying to companies that simply do not sponsor, and burning months on it.
• Assuming selection in the lottery is the finish line; it is the start of the petition.
• Overlooking cap-exempt employers that skip the lottery entirely.
• Mismatched degree and role, which weakens the specialty-occupation case.

Frequently asked questions

Can I apply for an H-1B myself?

No. An H-1B must be filed by a US employer who is sponsoring you for a specific role. Your first job is to land that sponsoring employer.

What are my odds in the H-1B lottery?

They vary year to year with demand, and far more people register than there are places. Cap-exempt employers avoid the lottery altogether, which can be a better route if you qualify.

How long can I stay on an H-1B?

Usually up to six years, granted in increments, and longer if you have a green card application under way.

Can the H-1B lead to a green card?

Yes. It permits dual intent, so your employer can sponsor you for permanent residence while you hold it, which is how many H-1B holders eventually settle.

Who pays the H-1B fees?

The main sponsorship fees are generally the employer's responsibility. Be cautious of anyone asking you to pay them or to repay your salary.