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What are the requirements for obtaining an H-1B visa as an employer?

Picture of Chris Battis By   ·  1 minute read

To obtain an H-1B visa as an employer, there are several requirements that must be met:

  1. Offer of employment: You must have a job offer from a U.S. employer that is willing to sponsor your H-1B visa. The job must be in a specialty occupation that requires at least a bachelor's degree or its equivalent.

  2. Labor Condition Application (LCA): The employer must file an LCA with the Department of Labor (DOL) attesting that the H-1B worker will be paid the prevailing wage for the occupation in the geographic area where the work will be performed. The LCA must also include certain working conditions and benefits that will be provided to the H-1B worker.

  3. Qualifications: The H-1B worker must have the necessary qualifications for the job, usually a bachelor's degree or higher in a relevant field of study. In some cases, equivalent work experience may be acceptable.

  4. Licensure: If the occupation requires a professional license, the H-1B worker must have the required license.

  5. Petition: The employer must file a petition with U.S. Citizenship and Immigration Services (USCIS) on behalf of the H-1B worker. The petition must be accompanied by the LCA and other required documentation, including evidence of the H-1B worker's qualifications and licensure.

  6. Quota limitations: There is an annual numerical cap on the number of H-1B visas that can be issued each year. Currently, the cap is set at 65,000 for regular H-1B visas and an additional 20,000 for H-1B visas for individuals who have earned a master's degree or higher from a U.S. institution of higher education.

Exceptions and limitations:

  • Certain employers, such as universities and non-profit organizations, are exempt from the numerical cap.
  • H-1B workers who have previously been counted against the cap may be exempt from the cap in subsequent years.
  • H-1B workers who are changing employers or extending their H-1B status are not subject to the cap.
  • H-1B workers who work at certain research institutions may be eligible for an exemption from the LCA requirement.

Further action:

Employers and H-1B workers should seek the advice of a qualified immigration attorney to ensure that all requirements are met and to navigate any exceptions or limitations that may apply.