Requirements for the H-1B visa:

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1. The basic requirement for obtaining an H-1B visa is that the applicant has a U.S. bachelor’s degree or a foreign higher education degree equivalent to a U.S. bachelor’s degree.

2. Several years of professional experience or a combination of education and work experience may also qualify an applicant for an H-1B visa.

3. The applicant must have a U.S. employer and a job offer.

4. The offered position must qualify as a specialty occupation, meaning that it requires specialized knowledge obtained through relevant education. In addition, models may also apply for an H-1B visa, although they generally do not have a university degree in their field.

If the applicant obtained their degree from a foreign educational institution, it is necessary to prove that the degree is at least equivalent to a U.S. bachelor’s degree. For this purpose, there are specialized organizations in the United States that conduct such evaluations and issue a corresponding certificate recognized by the immigration authorities (“foreign credential evaluation”).

Individuals who obtained a master’s degree from a university in the United States may benefit from the fact that a certain quota of H-1B visas is reserved specifically for holders of such a degree.

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

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In most cases, the H-1B visa is initially issued for three years and can be extended thereafter. The maximum stay may not exceed six years. However, this maximum stay may not apply if an I-140 petition for a green card is pending.

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Requirements for the workplace:

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1. When applying for an H-1B visa, it is necessary to prove the existence of a specific job offer from a U.S. employer.

2. The offered position must require the applicant’s specialized skills, in particular a U.S. bachelor’s degree.

3. The applicant’s expected salary must not be lower than the salary paid to employees with comparable experience and qualifications, and their employment must not negatively affect this category of workers.

4. Before filing the actual petition, the employer must notify the U.S. Department of Labor by submitting a Labor Condition Attestation (LCA). This document must contain information regarding the salary and the absence of strikes.

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Step-by-step H-1B visa application process:

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1. Employer registration with USCIS

The U.S. company that wishes to hire a foreign specialist registers in the USCIS electronic system.

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2. Submission of electronic registration

The employer submits brief information about itself and the potential foreign employee.

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3. Participation in the H-1B lottery

If the number of applications exceeds the number of available visas, USCIS conducts a lottery.

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4. Receipt of selection notification

If the registration is selected in the lottery, the employer receives the right to file a full H-1B petition.

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5. Preparation of the full petition

The employer prepares a package of documents, including Form I-129, information about the position, salary, the applicant’s education, and, if necessary, proof of equivalency of a foreign degree.

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6. Filing the petition with USCIS

The petition is filed by the employer, usually beginning on April 1.

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7. Petition review

USCIS reviews the documents. By paying the premium processing fee, the review may be expedited; without expedited processing, the process may take several months.

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8. Petition approval

After the petition is approved, the applicant becomes eligible to proceed to the next stage of the visa process.

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9. Applying for the visa at a U.S. consulate

The applicant submits an application for the H-1B visa at a U.S. consulate and undergoes the consular process.

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10. Receiving the visa and entering the United States

After the visa is approved, the applicant may enter the United States and begin working for the employer that filed the petition.

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What is the H-1B quota system?

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The issuance of H-1B visas is subject to quotas. Only 65,000 H-1B visas are issued per fiscal year (which begins in October of each year), with an additional 20,000 available to applicants who have earned a master's degree or higher from a U.S. university. Due to various special regulations, including those specific to nationality, far more than 85,000 H-1B visas are ultimately issued.

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New H-1B Fees in the Amount of USD 100,000

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In September 2025, President Donald Trump signed a presidential proclamation that significantly increased the cost of new H-1B applications. Since September 21, 2025, an additional government fee in the amount of USD 100,000 has been charged for new H-1B petitions. The new changes in the legislation can be reviewed here.

This fee is charged in addition to the existing filing fees and represents one of the most significant changes to the H-1B program since its creation.

At present, the USD 100,000 fee applies only to new H-1B petitions during a specified period (currently, it is expected to apply to petitions filed between September 21, 2025, and September 21, 2026). Existing H-1B holders and extensions of already approved H-1B status are generally not affected by this special fee.

 

For some clients, this raises the question of whether alternative visa categories (for example, E-2, L-1, O-1) or green card strategies through employment or investment are more reasonable and predictable options compared to H-1B under the current conditions.

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It is also expected that this fee is a one-time additional payment at the initial filing stage rather than an annual payment.

The proclamation also provides for exceptions, especially in cases where the hiring of an H-1B employee serves the “national interest” of the United States or does not pose a threat to national security. In practice, this means that certain industries or employers may be exempt from payment if strict conditions are met and appropriate evidence is provided.

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Is a labor certificate required for obtaining an H-1B visa?

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A labor certificate, as such, is not required. To obtain an H-1B visa, the applicant (under this category, the petition is filed by the employer) must have a written employment agreement concluded between the foreign employee and the company in the United States. A document specifying the proposed terms of employment may also be used (if there is no official written agreement). In addition, the employer must file a Labor Condition Application, which must be approved by the U.S. Department of Labor no later than 6 months before the start of employment.

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