Complete Guide to H-1B Sponsorship in the U.S.

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Table of Contents:

  1. Introduction to the H-1B Visa
  2. H-1B Eligibility Criteria
  3. H-1B Application Process Step-by-Step
  4. H-1B Visa Lottery and Selection Process
  5. H-1B Visa Costs and Employer Responsibilities
  6. H-1B Processing Time and Extensions
  7. H-1B Transfer and Change of Employer Rules
  8. List of Companies That File H-1B Without Employment
  9. H-1B to Green Card Pathway
  10. Alternatives to the H-1B Visa

1. Introduction to the H-1B Visa

The H-1B visa is a non-immigrant work visa that allows U.S. companies to hire foreign professionals in specialty occupations requiring at least a bachelor’s degree or equivalent. This visa is commonly used in fields such as:

  • Information Technology (IT)
  • Engineering
  • Healthcare & Medical Research
  • Finance & Accounting
  • Science & Mathematics
  • Business & Consulting
  • Architecture & Law

The H-1B visa is initially granted for three years, with an option to extend it to a maximum of six years.

2. H-1B Eligibility Criteria

Employer Requirements:

✅ Must be a U.S.-based company offering a specialty occupation job.
✅ Must file a Labor Condition Application (LCA) with the Department of Labor (DOL).
✅ Must agree to pay the prevailing wage for the job role.

Employee Requirements:

✅ Must hold at least a bachelor’s degree (or equivalent experience).
✅ Must work in a specialized field requiring advanced skills.
✅ Must not have exhausted the 6-year maximum limit on an H-1B visa.

3. H-1B Application Process Step-by-Step

Step 1: Employer Files a Labor Condition Application (LCA)

  • Submit Form ETA-9035 to the Department of Labor (DOL).
  • Ensure compliance with wage and working conditions.
  • Processing time: 7-10 business days.

Step 2: Employer Files H-1B Petition (Form I-129)

  • Employer submits Form I-129 to USCIS with supporting documents: ✅ Certified LCA
    ✅ Employee’s degree and resume
    ✅ Employer’s business documents
    ✅ Signed offer letter
  • Processing time: Weeks to months.

Step 3: H-1B Lottery & Selection Process

  • USCIS randomly selects 85,000 applications (65,000 general + 20,000 Master’s cap).
  • Only selected applicants proceed with filing full H-1B petitions.

Step 4: H-1B Approval & Visa Stamping

  • If approved, the employee: ✅ Applies for visa stamping at a U.S. consulate (if outside the U.S.).
    ✅ Changes status (if already in the U.S.).

4. H-1B Visa Lottery and Selection Process

Due to high demand, USCIS conducts an H-1B visa lottery each year:

  • Regular Cap: 65,000 visas
  • Master’s Cap: 20,000 additional visas for advanced degrees
  • Cap-Exempt: Universities, non-profits, and government research organizations

📌 Lottery chances are higher for Master’s Degree holders!

5. H-1B Visa Costs and Employer Responsibilities

ExpenseCost (USD)Paid By
H-1B Registration Fee$10Employer
Form I-129 Filing Fee$460Employer
ACWIA Training Fee$750 – $1,500Employer
Fraud Prevention Fee$500Employer
Premium Processing (Optional)$2,805Employer or Employee

🔹 Total Employer Cost: $3,500 – $10,000 depending on legal fees.
🔹 Employee Costs: Visa stamping and travel expenses.

6. H-1B Processing Time and Extensions

StageProcessing Time
H-1B Lottery Selection2-4 weeks
USCIS Processing (Regular)3-6 months
USCIS Processing (Premium)15 days
Visa Stamping2-6 weeks

✅ Initial H-1B: 3 years
✅ Can be extended to 6 years
✅ Green Card Process extends H-1B beyond 6 years.

7. H-1B Transfer and Change of Employer Rules

✅ H-1B holders can switch employers without re-entering the lottery.
✅ New employer must file a fresh H-1B petition.
✅ Employees can start working immediately once USCIS receives the new petition.

8. List of Companies That File H-1B Without Employment

Some companies file H-1B applications even without a job offer, often under consulting agreements. Here are some firms that assist with visa sponsorships:

🏢 Consulting & Staffing Firms:

  • Fragomen LLP
  • Tata Consultancy Services (TCS)
  • Infosys
  • Cognizant
  • Capgemini
  • Tech Mahindra

🏢 Universities & Non-Profits:

  • Harvard University
  • Stanford University
  • Mayo Clinic
  • Cleveland Clinic
  • University of California

🏢 Independent H-1B Filing Organizations:

  • Path2USA
  • CATO Solutions
  • Global Mobility Partners

9. H-1B to Green Card Pathway

Most H-1B visa holders transition to a Green Card through:
✅ PERM Labor Certification (Employer files with DOL).
✅ I-140 Immigrant Petition (Filed with USCIS).
✅ I-485 Adjustment of Status (Final step for a Green Card).

📌 Processing time: 1-10 years (varies by country and backlog).

10. Alternatives to the H-1B Visa

If you don’t win the H-1B lottery, consider: ✅ O-1 Visa (For Individuals with Extraordinary Ability)
✅ L-1 Visa (For Intra-Company Transfers)
✅ TN Visa (For Canadian & Mexican Nationals)
✅ F-1 OPT & STEM Extensions

Conclusion:

The H-1B visa is the most popular work visa in the U.S., but securing sponsorship requires strategic planning. Use this guide to maximize your chances and explore all available options.

📢 Need help with your H-1B sponsorship? Let us know! 🚀

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