What are H-1B visas

It is important to know what H-1B visas are because they allow qualified foreign workers in specialized fields to obtain temporary employment in the US.

If you are considering applying for an H-1B visa, please do not hesitate to contact our New Jersey immigration lawyers at Curbelo Law. 

We have the experience to guide you through every step of the process.

Everything you need to know about H-1B visas in 2025

The H-1B visa is intended for employers who wish to temporarily hire foreign workers to:

• Positions in specialized occupations, or 
• Perform as fashion models with exceptional skills and merits. 

The goal of this program is to enable US employers to find qualified talent abroad when they are not available in the US.

It should be noted that there are several subcategories of the H-1B visa:

• H-1B: For specialized occupations requiring advanced knowledge and, generally, a bachelor’s degree or its equivalent.
• H-1B2: To work on research and development projects of the Department of Defense (DOD).
• H-1B3: Designed for fashion models with great skills.

How are the wages of American workers and H-1B visa holders protected?

To protect both American workers and H-1B visa holders, the law requires employers to pay H-1B visa workers:

• A salary equal to or higher than the average salary of other employees with similar experience in the area, or 
• A prevailing wage in the area for the occupation in question, whichever is higher. 

This ensures that American workers are not negatively impacted by the hiring of foreigners and that H-1B visa holders receive fair compensation.

How many H-1B visas are granted per year?

The H-1B program has an annual limit of 65,000 visas, with an additional 20,000 reserved for those with a master’s degree or higher earned in the US. 

What is the latest news on H-1B visas?

• In 2021, the US Department of Labor (DoL) issued several bulletins regarding the H-1B program.
• These documents reviewed interpretations related to employers who must submit labor condition petitions for H-1B workers.
• However, on 20 January 2021, DoL withdrew these documents to review the issuance process and other legal aspects. 
• As a result, the requirements mentioned in those documents are no longer in effect. As a result, DoL will notify the public of any future actions once it completes its review.
• Additionally, in January 2025, USCIS published a revised version of Form I-129, aligned with the new H-1B modernization final rule and for H-2A and H-2B visa.

If you are considering filing an H-1B visa application, older versions of the form (01/04/24) will no longer be accepted. Therefore, please be sure to submit the correct edition of the form, which is the 01/17/25 edition, to avoid rejection of your application.

How to apply for the US H-1B visa in 2025?

To apply for an H-1B visa, we recommend following these steps:

1. Have a job offer: An employer in the US must offer you a job in a specialty occupation.
2. Submit the Labor Conditions Application (LCA): The employer must submit the LCA to the DoL for certification.
3. Prepare and submit Form I-129: The employer completes Form I-129 along with the required documentation.
4. Wait for USCIS’s response: USCIS will review the petition and in some cases, may request additional information through a Request for Evidence (RFE).
5. Apply for H-1B visa at consulate (if applicable): If you are outside the US, you will need to apply for the H-1B visa at a US embassy or consulate. This includes completing Form DS-160, paying fees, and attending an interview.
6. Entering the US.: With an approved visa, you may enter the country up to 10 days before your employment start date. However, a Customs and Border Protection officer will pre-screen your admission at the port of entry.
7. Starting employment: Once admitted to the US, you may begin working for your sponsoring employer on the specified date.

What comes after obtaining an H-1B visa?

For many H-1B visa holders, the next goal is to achieve lawful permanent residence. 

This process includes steps such as PERM labor certification , I-140 petition, and adjustment of status.

However, it is crucial to maintain current H-1B status while awaiting approval and to consider options for dependents.

Can my family accompany me on an H-1B visa?

Your spouse and unmarried children under 21 years of age may apply for an H-4 visa to accompany you as dependents. 

Additionally, some H-4 spouses may apply for an employment authorization using Form I-765 if the H-1B visa holder has already initiated the Green Card process.

Who is eligible for the H-1B visa?

The H-1B visa is aimed at workers who perform functions that require the use of highly specialized knowledge. However, there are three types of H-1B visas:

• One for general specialized jobs (H-1B), 
• Another for researchers and workers on projects of the US Department of Defense (H-1B2), and 
• A third for fashion models (H-1B3). 

To be eligible for any of these visas, the applicant must meet the following requirements, which vary depending on the type of visa requested:

H-1B Visa Requirements

Job Requirements

• The theoretical and practical application of a wealth of highly specialized knowledge, and
• That the foreign worker has a high school diploma or higher degree in the specific specialization.
• Bachelor’s or graduate degree, or equivalent.
• A college degree requirement is common in the industry, or the job is so complex that it can only be performed by someone with such a degree.

Worker Requirements

• Bachelor’s or graduate degree required for work from an accredited university.
• University degree obtained abroad that is equivalent to a bachelor’s or graduate degree in the US.
• Unrestricted license issued by the state authorizing you to practice the specialty occupation in the state of employment.
• Educational preparation, training or experience equivalent to the required degree.

The employer must file Form ETA-9035/9035E along with Form I-129.

H-1B2 Visa Requirements

To qualify for this visa, the job must require:

• A bachelor’s degree or higher, or its equivalent.

The petition must include:

• A verification letter from the DOD project manager confirming that the recipient will be working on a cooperative research and development project.
• An overview of the beneficiary’s duties on the project and dates of employment.
• A list of non-citizens hired on the project in the US and the dates of their employment, as well as those who ended their employment in the last year.

To meet the requirements of this visa, the applicant must:

• Have a bachelor’s degree or higher in the appropriate field from an accredited university, or
• Have a foreign degree equivalent to a US bachelor’s degree or higher.
• Possess an unrestricted license to practice the occupation, or
• Have sufficient educational or work experience that is equivalent to having completed the required degree in the US.

An application for labor status is not required for this visa.

H-1B3 Visa Requirements

To qualify for this visa, the job must require:

• Be a recognized fashion model.
• On the other hand, the applicant must be a model with distinguished merits and skills in the fashion industry.

The employer must submit the DoL-certified Form ETA-9035/9035E along with Form I-129.

Does an H-1B visa lead to a Green Card?

The H-1B visa does not automatically lead to a Green Card, but it can be a viable path to lawful permanent residence in the United States. 

To do so, they must wait until the maximum period of time on the H-1B visa expires. After this period expires, most workers who wish to stay must:

• Be in the process of getting a Green Card , or 
• Change visa category to another. 

How to go from an H-1B visa to an employment-based Green Card?

To change from an H-1B visa to a Green Card, you must qualify for an employment-based immigration visa. For example, the EB-1 or EB-2 visa.

What are the purposes of H-1B visas?

The H-1B visa allows US employers to hire foreign workers to fill job positions that require advanced skills. 

This visa is requested exclusively by US employers and allows you to work legally in the country for several years, guaranteeing fair working conditions. 

Given the complexity of the process, it is recommended to have the support of an immigration lawyer.

What is the H-1B visa registration process?

The H-1B visa registration process begins with an electronic registration period with USCIS. 

Employers must register each potential beneficiary for a fee. This fee will increase to $215 for tax year 2026.

The registration includes basic information about the employer and the beneficiary. If the registration exceeds the available visas, a lottery is held to determine who will be able to apply for the visa. You can view the results of the lottery through your USCIS account.

How do I organize my H-1B petition package?

When filing your H-1B application, please organize it in the following order to ensure efficient processing:

1. Form G-28 (if you have an attorney or legal representative).
2. Copy of the registration selection notification .
3. Form I-129 and relevant attachments.
4. H-1B supplements (if applicable).
5. Supporting documents to demonstrate eligibility, organized according to a table of contents.
6. Form I-94 (if you are in the US)
7. Form I-20, DS-2019, or I-566 (if applicable based on your prior status).
8. Certified LCA (ETA 9035) and letter from employer.

It is important that you avoid duplicate copies and if you submit multiple requests, separate them into individual envelopes.

What is Actual and prevailing wage?

• The actual wage is the payment that an employer offers to employees in similar positions with comparable qualifications and experience to the foreign worker.
• The prevailing wage is the average wage for similar positions in the same geographic location, or the wage set forth in a union contract.

The employer must pay the foreign worker the highest salary between the two, ensuring that they receive fair compensation according to their occupation.

How long is an H-1B visa valid for?

The H-1B visa has an initial period of stay of three years. However, this period of time can be extended for up to three additional years, reaching a cumulative maximum of six years.  

However, if the beneficiary remains outside the US for at least 12 consecutive months, they may apply for a new period under H-1B status. The exact date of validity of his or her stay will be indicated on Form I-94.

How do H-1B visa workers impact the US economy?

Immigrants, especially those on H-1B visas, create new job opportunities for Americans by:

• Occupy complementary positions,
• Stimulate demand for goods and services, and
• Expand the operations of American companies.

In addition, many immigrants become entrepreneurs, which drives economic growth and innovation, thus benefiting society.

How does the new work visa policy affect US graduates and DACA recipients?

The Biden administration implemented changes to streamline the work visa process, especially for college graduates and DACA recipients. Key adjustments included:

• Expedited Processing: Steps have been taken to expedite visa applications for college graduates and DACA recipients with qualified job offers.
• Clearer Waivers: Guidance on ineligibility waivers has been updated, which could speed up the process.
• Expanded eligibility: Although H-1B visa requirements have not changed, applications from graduates are now prioritized and more non-STEM fields are being considered.
• Benefits for DACA: DACA recipients may have a more direct path to an H-1B visa and lawful permanent residency.
• Reduced Wait Times: H-1B visa interview times have been significantly reduced at most foreign embassies.

What are the processing times for H-1B visas?

H-1B visa processing time may vary depending on several factors, such as the type of processing and the workload of the service center.

• With premium processing: The estimated time is 3 to 4 months (this includes registration, LCA certification, and I-129 petition processing).
• With regular processing: The time can be 6 to 9 months or more, depending on the service center and other factors.

Additionally, if the annual application limit is exceeded, USCIS conducts a lottery, which introduces a random factor into the process. If your petition is selected, you will have 90 days to submit the complete application.

It is important to note that the LCA must be approved before filing the H-1B petition. Also, the processing time for the I-129 varies between 2 and 7 months with regular processing. 

Will my Business visa be stamped?

The H-1B visa stamp is not automatically placed in your passport. However, if you obtained H-1B status through a change of status within the United States, you will receive an approval notice (Form I-797).

This form allows you to work and live in the country, but not return if you leave. So, to get the H-1B visa stamp, you need to:

• Travel outside the US, and
• Attend an interview at a US embassy or consulate where they will review your eligibility and documents.

This stamp is essential for those who plan to leave the country and re-enter in H-1B status. If you do not plan to travel, Form I-797 is sufficient to work in the US.

Can I travel outside the US on an H-1B visa?

It is possible to travel outside the US on an H-1B visa as long as it is valid. Upon returning, you must sumbit your visa at the port of entry and preferably carry documents supporting your employment.

What are the costs of H-1B visas in 2025?

If selected, the employer must pay $780 to file Form I-129 with USCIS, or $460 if the employer is a small business or nonprofit organization.

In addition to Form I-129, the total cost of obtaining an H-1B visa can vary depending on factors such as:

• The size of the company, 
• If you choose to speed up the process, 
• If the applicant changes employers, and
• Legal fees.

What happens if I lose my job while on a work visa?

If you lose your job while on an H-1B visa due to layoffs or economic downturns, your visa status will no longer be valid. 

However, you have a 60-day grace period from the date of your termination notice, during which you may request a change of employer, an adjustment of status, or, if you prefer, leave the US. 

Can I be discriminated against for working in the US and being an immigrant?

The H-1B program includes measures to prevent discrimination against immigrant workers. In fact, this visa offers protection:

• Against national origin discrimination: Employers may not discriminate against employees based on their national origin. If they do, those affected may file a complaint with the Office of Immigrant and Employee Rights (IER) or the Equal Employment Opportunity Commission (EEOC).
• Protection for American Workers: Employers must not displace or discriminate against similarly qualified American workers in favor of H-1B employees.

If you suspect discrimination, fraud or abuse, you can contact:

• IER: 1-800-255-7688
• DoL: 1-866-4-US-WAGE (1-866-487-9243)
• USCIS: Using the web form.

Do I need an immigration lawyer to apply for an H-1B visa?

While it is not a mandatory requirement to have a lawyer to apply for an H-1B visa, many people prefer to have the support of immigration experts such as the team at Curbelo Law.

This will ensure that the process is smoother and more seamless. As a result, an attorney can help interpret specific requirements and ensure that the paperwork is accurate and complete. 

If you are unsure whether you need an attorney for your H-1B extension, please feel free to contact us to discuss how we can assist you every step of the way.