The H-1B Visa: A Pathway for Skilled Workers to Work in the U.S.

***This post has been updated to reflect the recent announcements regarding changes to the H1B Program***

On September 19, 2025 the Trump Administration announced major changes to the H1B program. Most notably, H1B applications must now be accompanied by a $100,000 payment made by the employer on behalf of the recipient before the worker will be permitted entry into the United States. There is limited guidance available at this point. However, the Administration has provided some clarification.

• This only applies to new H1B applications. Despite language that entry into the United States shall be restricted to H1B holders that are “currently outside the United States” The administration has indicated that current H1B visa holders who have travelled outside of the U.S. will be readmitted without paying the fee.
• According to the Administration, current H1B holders can continue to travel to and from the U.S., under the same terms as before.
• This ruling does not apply to 2025 lottery selections.

The proclamation also indicated that the Secretary of Homeland Security can, at her discretion, waive the fee for an individual, company, or industry if the Secretary determines that the employment is “in the national interest and does not pose a threat to the security or welfare of the United States.” There is no further information at this time to clarify how these exemptions will be processed and granted.

It is likely that this program will be subjected to challenges in the Courts. We will continue to monitor the situation and update our clients as additional guidance becomes available. The remaining information on this post remains valid at this time.

The H-1B visa is one of the most sought-after U.S. work visas, allowing U.S. employers to hire foreign nationals for specialized jobs that require expertise in fields like IT, engineering, healthcare, science, and finance. The H-1B visa program provides skilled professionals with a temporary, non-immigrant status to work and live in the U.S. for a defined period. In this blog, we’ll break down the key aspects of the H-1B visa, including eligibility, the application process, and recent updates that prospective applicants and employers should be aware of.

What is the H-1B Visa?

The H-1B visa is a non-immigrant visa that permits U.S. employers to hire foreign workers in specialty occupations. These occupations require a bachelor’s degree or higher in a specific field. The visa is initially valid for three years but can be extended for up to a total of six years. In some cases, further extensions are possible if the visa holder is pursuing permanent residency (a green card) under certain conditions.

Key Requirements for the H-1B Visa

• Specialty Occupation: The job must be in a field that requires specialized knowledge, usually tied to a specific field of study. Examples include software development, engineering, medicine, accounting, and more.
• Educational Qualifications: The foreign worker must have at least a bachelor’s degree or its equivalent related to the job they are applying for. In some cases, equivalent experience in the field may substitute for formal education.
• Employer Sponsorship: A U.S. employer must petition for the foreign worker by filing a Labor Condition Application (LCA) with the Department of Labor, followed by filing a Form I-129 (Petition for a Nonimmigrant Worker) with U.S. Citizenship and Immigration Services (USCIS).
• Wages: The employer must agree to pay the foreign worker at least the prevailing wage for the position in the geographical area of employment, ensuring that the foreign worker is not paid less than their U.S. counterparts.

The H-1B Visa Cap

Each fiscal year, there is a cap on the number of H-1B visas issued. Currently, the cap is set at 65,000 visas per year, with an additional 20,000 visas reserved for individuals who have earned a U.S. master’s degree or higher.

Because demand for the H-1B visa often exceeds the cap, USCIS conducts a lottery system to randomly select applicants from the pool of submissions. The H-1B visa lottery process typically takes place in March, with applicants and employers filing their petitions starting on April 1 each year.

Application Process for the H-1B Visa

1. Employer Files a Labor Condition Application (LCA): The employer must first submit an LCA to the Department of Labor. This document ensures that hiring the foreign worker will not negatively impact the wages and working conditions of U.S. workers in similar positions.
2. Employer Submits Form I-129 to USCIS: After receiving LCA certification, the employer files Form I-129 with USCIS. The petition must include detailed information about the job, the worker’s qualifications, and proof of the specialty occupation.
3. H-1B Visa Lottery (If Cap Is Reached): If the number of H-1B applications exceeds the annual cap, USCIS holds a random lottery to select visa recipients. The lottery applies to both the regular 65,000 cap and the additional 20,000 visas for advanced degree holders.
4. Approval and Visa Issuance: If selected in the lottery and approved by USCIS, the foreign worker can apply for the H-1B visa at a U.S. consulate in their home country. Once the visa is issued, they can enter the U.S. and begin working for the employer.

Benefits of the H-1B Visa

• Work Authorization: The H-1B visa grants full work authorization to the foreign worker for the sponsoring employer.
• Dual Intent: Unlike other non-immigrant visas, the H-1B visa allows for dual intent, meaning the worker can apply for a green card while on an H-1B visa without jeopardizing their non-immigrant status.
• Dependents: H-1B visa holders can bring their spouse and children (under the age of 21) to the U.S. on H-4 visas. While H-4 visa holders cannot work initially, certain H-4 spouses of H-1B holders in the green card process may apply for work authorization.

Common Challenges and Limitations

• H-1B Visa Cap: The annual visa cap often leads to intense competition, especially for workers in fields like IT and engineering, where demand far exceeds the number of available visas.
• Lottery System: Since the lottery system is random, there is no guarantee of being selected for an H-1B visa, even if the candidate and employer meet all the requirements.
• Temporary Nature: The H-1B is a temporary visa. While it can be extended, workers who do not transition to permanent residency within the six-year limit may need to return to their home country.
• Employer-Specific: H-1B workers are tied to their sponsoring employer, meaning they cannot easily switch jobs without transferring their H-1B to a new employer through a similar petition process.

Recent Changes and Updates

In recent years, there have been ongoing discussions about reforming the H-1B visa program. Some of the key updates include:

• Electronic Registration: In 2020, USCIS introduced an electronic registration process for the H-1B cap lottery. Employers now only need to submit basic information and a small fee during the initial registration, making the process more efficient.
• Wage and Job Priority: There have been proposals to prioritize higher-wage jobs and more advanced positions during the selection process. These reforms aim to ensure that the H-1B program benefits highly skilled workers while protecting U.S. jobs and wages.
• Remote Work Implications: The rise of remote work due to the COVID-19 pandemic has also brought new considerations to H-1B compliance, as workers may now perform their duties in locations other than the primary worksite listed in their H-1B petition.

Conclusion

The H-1B visa is a vital component of the U.S. immigration system, providing opportunities for skilled workers worldwide to contribute to the U.S. economy. While the process can be competitive and challenging due to the annual visa cap and lottery, successful applicants can enjoy the benefits of working and living in the U.S., with the possibility of transitioning to permanent residency.

For individuals and employers considering the H-1B visa, it’s crucial to stay updated on regulatory changes and seek legal advice to navigate the complex application process. With proper preparation, the H-1B visa can be a valuable tool for tapping into global talent and achieving career success in the U.S.