What is the H-1B?
The H-1B is a temporary work visa for employees in a specialized field. This six-year visa is primarily granted to people working in STEM fields or with special technical backgrounds but many other professions also qualify. Candidates must have a college degree (or many years of experience) related to their field of work and the employer must pay a prevailing wage.
Who Qualifies for the H-1B
A wide range of specialty occupations qualify for the H-1B, including:
- Software Developers
Benefits of the H-1B
- The H-1B is a "dual intent visa," meaning there is a path to apply for a green card.
- The H-1B has a six-year validity period.
- H-1B (spouse and children) dependents can live with you in the U.S. with H-4 status.
March 1, 2023: H-1B registration period opens at 12:00 pm Eastern
March 17, 2023: H-1B registration period closes at 12:00 pm Eastern
March 18-31, 2023: USCIS notifies selected registrants
April 1, 2023: H-1B cap-subject petitions may be filed
October 1, 2023: Start date for H-1B lottery recipients
Live Webinar | How to Prepare for the H-1B Lottery
Get a breakdown of the H-1B lottery process, how to sponsor an employee, and how to get started.Register Now
H-1B lottery and transfers are simple with Legalpad
Enter a candidate in the H-1B lottery cap or transfer a candidate's H-1B from a previous employer with ease.
Plan ahead for that perfect hire.
85,000 new H-1Bs are issued every year through the H-1B lottery. We guide you through the H-1B lottery process, and if your candidate is selected, we care take of the paperwork and complexities of the application.
Get your new hire started right away.
So you found a candidate, but they need to transfer their H-1B visa from their former employer to the new employer. No problem! We handle all of the paperwork so you can focus on your onboarding plan.
We make sure the position and candidate qualify for the H-1B
We collect all the details we need for the H-1B petition in one go
We review the petition together with the labor condition application
We give you the compliance docs to keep for your records
You sign the final version of the petition and we ship it to USCIS
"Legalpad has taken the dreaded H-1B process and made it as simple as posting a new job on a job board."Stewart FortierBanzai
"Preparing the H-1B petition is remarkably easy with Legalpad. The Legalpad team provides a wealth of knowledge about immigration in the workplace and simplifies a complex process for our legal and HR teams using a tech-driven approach." Avalara Legal Team
"Legalpad is the only immigration service that 'gets it.' I've personally had two visa petitions approved with Legalpad which have allowed me to create tremendous value in the US. I simply wouldn't trust anyone else to handle my file." Chris PitchfordAlly
“My experience with Legalpad was nothing short of amazing and was efficiently executed, the team helped me navigate the H-1B process with great knowledge of the process and responded quickly to my questions with the right guidance. I would highly recommend their services to anyone looking for legal services in the US. I am beyond grateful because they have a team of exceptional people working there and understand their clients needs very well. Keep doing what you guys are doing!!” Haider PirachaMarkaaz
You have questions.
We have answers.
Starting Your Own Business While on an H-1B Visa
Yes, you can launch a startup on an H-1B visa. However, if your H-1B is sponsored by another company, there is a limit to what you can do for your new startup while working at a different employer.
How Long Does it Take to Get a Work Visa Approved?
There are two times during the U.S. visa process when you can receive an approval. How long does it take to reach the final step of the visa process? Well, that depends.
H-1B FAQs: Change of Status vs Consular Processing
If you are outside the U.S., your only H-1B processing option is Consular. But if you are inside the U.S., you’ll need to choose between Change of Status and Consular.
H-1B Regular Cap vs Master’s Cap
You've probably heard of the H-1B visa. But do you understand how the H-1B master's cap works compared to the regular cap?
Can I Travel While My H-1B is Pending?
Traveling with a pending H-1B visa is generally possible but not the best choice for everyone. Make sure you know the implications of international travel on your H-1B petition before you leave the country.
Overview Of “Administrative Processing” And How To Avoid It
To avoid administrative delays, it's best to sufficiently demonstrate that you meet the requirements for your visa classification. We'll show you how!
What are H-1B Specialty Occupations?
Proving your employment eligibility is critical to your H-1B work visa application’s success, but navigating these waters doesn’t have to be complicated. We invite you to use this list to ensure that your H-1B work visa application meets all the necessary requirements and moves through the review process with ease.
What is the Relationship Between Non-Profit Organizations and the H-1B Work Visa?
Many benefits await foreign workers who secure an H-1B work visa and can now live and work in the U.S. While the H-1B work visa is the most competitive non-immigrant work visa (because the U.S. government caps new H-1B visas at 65,000 annually), there is a way around the cap number. Meaning; this could be the path you take if it is right for your circumstance.
How To Set Up a U.S. Work Visa Program for Your Remote Employees
Establishing an immigration program for your company can feel like a daunting process. In this article, we'll walk through the process and benefits.
The Best H-1B Visa Benefits and How to Take Advantage of Them
One well-known U.S. work visa is the H-1B. We cover it in detail in two other blogs: H-1B Visa vs O-1 Visa: Which One Is Better? and Know How Company H-1B Visa Sponsorship Works. This visa is highly coveted because there are clear advantages to having an H-1B visa.
How Company H-1B Visa Sponsorship Works
At a time in our history where companies are operating within a greater global footprint - and a worldwide pandemic has ushered in a “great resignation” unlike any we’ve experienced - companies throughout the U.S. are becoming increasingly interested in H-1B visa sponsorship.
Detailed Guide On How To Change Visa Status From O-1 To H-1B
Navigating the U.S. Immigration landscape can be difficult, especially knowing how to compare the different benefits associated with a wide variety of visa types. Even if you’ve done the work to understand and pursue the right visa for your immigration case, it’s not unusual to find yourself in a position where you need to change your visa status.
H-1B Visa vs O-1 Visa: Which One Is Better?
When it comes to navigating the U.S. immigration landscape and finding the right work visa that fits your needs - it can be hard to know where to begin. Immigration is a complex, legal process where case approvals are essentially based on one’s ability to meet or exceed necessary parameters, requirements and credentials.
Access to International Talent Fuels Startup Growth
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Celebrating Immigrant Heritage Month with Legalpad
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Expected Immigration Policy Changes Under Biden-Harris
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Data Report: Software Engineers On H-1B
By a wide margin, the top occupation of H-1B holders work in the software engineering field, holding titles like software developer, programmer, QA analysts, etc. Take a look at where they work, their salaries, and specializations.
USCIS Proposes Replacing H-1B Lottery With Wage-Based Selection
The Department of Homeland Security has proposed a restructuring of the H-1B lottery process, replacing the random lottery system with a wage-based selection process.
Paths For Students After Graduation
If your graduation is coming up, or you just want to be prepared for when the time comes, you’re probably thinking about how you’ll transfer from your F-1 visa when you enter the workforce. Here are some options.
Dept Of Labor Raises H-1B Wage Requirements
The Department of Labor (DOL) has issued a new rule designed to make it much more expensive to employ certain categories of foreign workers.
Your First Interviews And H-1B Sponsorship
The process of finding a company that will sponsor your H-1B can be difficult. This article walks you through the best practices for your search, and how to nail your interview. Good luck out there!
All The Data You Ever Wanted On The H-1B
Whether you’re on an active H-1B, renewing, or considering applying, here are some stat's on America's most popular visa.
Likely Increase In Wage Requirements For H-1B, E-3, H-1B1, and PERM
The Department of Labor (DOL) sent a rule that will increase H-1B, E-3, H-1B1, and PERM wage requirements to the Office of Management and Budget for review.
Sara Itucas Talks H-1B Visa Layoffs, Visa Stimulus Benefits [Video]
Legalpad co-founder and COO, Sara Itucas, talks with Stilt founder and CEO, Rohit Mittal, about H-1B visa layoffs, visa stimulus benefits, and more.
[Video] Legalpad Cofounder Sara Itucas Talks Visa Extension Rules on H-1B, F-1, OPT, H-4
Legalpad co-founder and COO Sara Itucas talks with Stilt CEO Rohit Mittal about updates to visa extension rules.
Starting Your Own Business While On An H-1B
Are you currently an employee in H-1B status and interested in venturing out to start your own company? We’re here to help you get started!
USCIS Announces Second H-1B Lottery
USCIS will issue a second H-1B CAP lottery after not receive enough filings by June 20, 2020 to meet the annual 85,000 quota. Details are still to be release on how many additional H-1B registrations will be selected.
Seeking An Emergency Appointment At Your Consulate? Here Are Some Options
United States Consulates have been closed globally for several months now due to the COVID-19 pandemic, throwing a wet blanket over the ultimate goal of actually obtaining your visa stamp.
Furloughing H-1B workers
As a result of economic conditions caused by COVID-19, many startups and employers are having to make the difficult decision of whether they need to furlough H-1B workers.
Documents Checklist for H-1B Sponsors
An H-1B petition includes an approved Labor Condition Application, immigration forms, supporting documents about the sponsoring company, and supporting documents about the candidate.
Common Work Visa Misconceptions
COO and Co-founder of Legalpad, Sara Itucas, weighs in on some of the most common work visa misconceptions.
H-1B FAQs for Startups
You’re an insanely busy startup founder, not a work visa master. If you’re struggling to understand your work visa options, don’t spend another second worrying about it—we have you covered!