For skilled professionals around the world dreaming of working in the United States, the H-1B visa is often a pivotal pathway. This visa category allows US employers to temporarily employ foreign workers in “specialty occupations” that require theoretical or technical expertise. As the H-1B program often sees high demand and involves a lottery system, understanding the process for the 2025 fiscal year is relevant for both applicants and sponsoring employers.
At Remitly, we’re dedicated to helping immigrants navigate their journeys, including understanding complex processes and managing finances across borders. This guide provides an overview of the H-1B visa, eligibility requirements, the step-by-step application process for 2025, costs, common challenges, and tips for a successful application. We’ll also touch on any notable updates for the 2025 H-1B season.
What is the H-1B visa?
The H-1B is a temporary, non-immigrant visa that allows US companies to employ foreign nationals in occupations that require specialized knowledge and a bachelor’s degree or its equivalent.
Defining the H-1B: purpose and who it’s for
The H-1B visa is for positions that require specialized skills in fields such as IT, engineering, finance, mathematics, science, medicine, architecture, and more. The core purpose is to enable US employers to fill roles for which they may have difficulty finding qualified US workers. It is granted for an initial period of up to three years and can be extended up to a maximum of six years, with some exceptions for those in the process of obtaining permanent residency (a green card).
Eligible professions and specialized knowledge explained
A “specialty occupation” generally requires:
- The application of both theoretical and practical expertise in a highly specialized field
- A bachelor’s or higher in the specific specialty (or its equivalent) as a minimum requirement for entry into the occupation in the US
Examples of H-1B eligible professions include: software developers and engineers, computer systems analysts, architects, engineers (e.g., mechanical, civil, electrical), accountants and auditors, financial analysts, university professors and researchers, doctors and other healthcare professionals (often with specific licensing requirements), and management consultants.
Why the H-1B visa is vital for US employers seeking global talent
The H-1B visa is integral for US employers, especially in STEM (science, technology, engineering, and mathematics) fields, as it allows them to recruit from a global talent pool to fill specialized positions. This helps companies innovate, compete internationally, and address skill shortages within the domestic workforce.
Eligibility requirements for H-1B applicants
Both the foreign worker and the US employer must meet specific criteria.
Qualifying criteria for the employee
To qualify for an H-1B visa, the foreign national must generally meet one of the following:
- Hold a US bachelor’s degree or higher (or its foreign equivalent) required by the specialty occupation from an accredited college or university.
- Hold an unrestricted state license, registration, or certification that authorizes them to fully practice the specialty occupation and immediately engage in that specialty in the state of intended employment.
- Have education, specialized training, and/or progressively responsible experience equivalent to completing a US bachelor’s or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty. (This often involves an experience evaluation).
Educational and professional qualifications
A direct match between the applicant’s degree field and the specialty occupation is generally expected, though not always strictly required, if the applicant can demonstrate that the specialized knowledge gained through their education applies to the role. Professional certifications and licenses can also strengthen an application.
Understanding the H-1B cap, lottery, and exemptions
Annual cap
There is an annual numerical limit (cap) on the number of H-1B visas issued each US fiscal year (October 1 to September 30). The current annual regular cap is 65,000 visas, with an additional 20,000 visas set aside for those who have earned a US master’s degree or higher (the “master’s cap”).
H-1B lottery
Because demand for H-1B visas often far exceeds the annual supply, US Citizenship and Immigration Services (USCIS) conducts a random selection process (lottery) from timely filed registrations to determine which petitions can be filed.
What’s new for 2025 (FY2025 cap season)
For the FY2025 H-1B cap (applications usually filed in spring 2024), USCIS implemented significant changes to the H-1B registration process, moving to a beneficiary-centric selection system. This means selections are based on unique beneficiaries (the foreign workers) rather than registrations.
Each beneficiary is entered into the lottery only once, regardless of how many registrations were submitted for them by different employers. This change aims to reduce fraud and ensure a fairer chance for all beneficiaries. Other updates for FY2025 included a new organizational account system for employers and a later registration period (March 6 to March 25, 2024, for the FY2025 cap). Always check the official USCIS H-1B Season page for the most current information.
Cap-exempt petitions
Certain employers are exempt from the H-1B cap, including institutions of higher education, non-profit research organizations affiliated with universities, and government research organizations. Petitions filed by these employers can be submitted at any time of the year and are not subject to the lottery.
Step-by-step H-1B visa application process for 2025
The H-1B process involves several stages for both the employer and the prospective employee.
Step 1: Finding a sponsoring employer
The H-1B visa requires a US employer to sponsor the foreign national. The applicant must first secure a job offer in a specialty occupation from a US company willing to file an H-1B petition on their behalf.
Step 2: Employer files Labor Condition Application (LCA)
Before filing the H-1B petition, the employer must file a Labor Condition Application (LCA) with the US Department of Labor (DOL). The LCA (Form ETA-9035/9035E) requires the employer to attest that they will pay the H-1B worker the required wage (the higher of the actual wage paid to similar employees or the local prevailing wage for the occupation), and that employment of the H-1B worker will not adversely affect the working conditions of US workers.
Step 3: H-1B registration (Lottery pre-registration)
For cap-subject petitions, the employer (or their authorized representative) must first electronically register the prospective H-1B employee with USCIS during a designated registration period (typically in March). A $10 registration fee per beneficiary was in place for previous years; USCIS has proposed fee increases, so check for current FY2025 fees. As mentioned, for FY2025, the selection is beneficiary-centric.
Step 4: If selected, employer files Form I-129 petition with USCIS
If a beneficiary is selected in the lottery, USCIS will notify the employer (or representative) that they are eligible to file a full H-1B petition (Form I-129, Petition for a Nonimmigrant Worker) during a specified filing window (usually 90 days). Cap-exempt employers can file Form I-129 at any time without going through the lottery.
Step 5: Applicant prepares required documents
The applicant will need to provide the sponsoring employer with documents such as:
- Passport copies
- Educational degrees, transcripts, and evaluations (if foreign degrees)
- Professional licenses or certifications
- Resume or CV
- Experience letters from previous employers (if applicable)
Step 6: If petition is approved and applicant is outside the US, visa stamping at US consulate/embassy
Once USCIS approves the Form I-129 petition (issuing an I-797 Approval Notice), if the applicant is outside the US, they must apply for an H-1B visa stamp at a US embassy or consulate in their home country.
This involves:
- Completing Form DS-160 (Online Non-immigrant Visa Application)
- Paying the visa application fee
- Scheduling and attending a visa interview
- Providing biometric information
Step 7: Entering the United States
With the H-1B visa stamp in their passport and the I-797 Approval Notice, the applicant can seek admission to the US at a port of entry.
H-1B costs and processing timelines for 2025
Most H-1B fees are paid by the employer; therefore, understanding the financial and time commitments is important.
Breakdown of employer-paid fees
USCIS standard filing fee for Form I-129: Check the USCIS website for the most current fee because it is subject to periodic change.
ACWIA (American Competitiveness and Workforce Improvement Act) fee: $750 for employers with 1-25 full-time equivalent employees, or $1,500 for employers with 26 or more. Some exemptions apply (e.g., non-profit educational institutions).
Fraud prevention and detection fee: $500 for initial H-1B petitions and for change-of-employer petitions.
Public law 114-113 fee: $4,000 for employers with 50 or more employees in the US where more than 50% of their US employees are in H-1B or L-1 status (applies to certain petitioners).
Premium processing fee (optional): If requested by filing Form I-907, this fee (e.g., $2,805 as of early 2024, check current rates for FY2025) guarantees USCIS processing of the I-129 petition within 15 calendar days (though this can be extended in certain circumstances).
H-1B registration fee: $10 per beneficiary for the electronic registration (USCIS proposed an increase to $215 for FY2026, but for FY2025 it remained $10 at the time of its announcement).
Potential applicant-paid fees
- Visa application fee at the Consulate (for visa stamping): Paid by the applicant when applying for the visa stamp abroad.
- Legal representation fees: If the applicant or employer hires an immigration attorney, these fees are separate.
- Costs for educational evaluations, translations, travel for interviews, etc.
Expected timelines
LCA certification: Takes around seven working days from DOL.
H-1B registration period: Usually in March (e.g., March 6 to March 25 for FY2025).
Lottery selection notification: By the end of March.
Petition filing window (if selected): Starting April 1 for 90 days.
USCIS Petition Processing:
- Standard processing: Can range from a few months to over a year depending on the service center and caseload.
- Premium processing: Within 15 calendar days (can be extended).
Consular processing (visa stamping): Varies by consulate, from a few weeks to several months for interview scheduling and visa issuance. When you arrive and start earning, Remitly can help you send money back home efficiently.
Common challenges in the H-1B process and how to address them
The H-1B pathway can have hurdles, but there are also better ways to check them off.
Navigating the lottery and cap limitations
The biggest challenge is often being selected in the lottery due to high demand. The new beneficiary-centric system for FY2025 aims to make this fairer. There’s no way to guarantee selection.
Responding to Requests for Evidence (RFEs)
USCIS may issue an RFE if they need more information to adjudicate the petition. Common RFE topics include proving the position is a “specialty occupation,” verifying the beneficiary’s qualifications, or details about the employer-employee relationship. A thorough and timely response is needed.
Ensuring LCA and petition accuracy
Any inconsistencies or errors in the LCA or I-129 petition can lead to delays or denial. Careful preparation should be employed.
Best practices
Start early: Especially for employers finding candidates and preparing LCAs.
Thorough documentation: Ensure all claims about the job and the beneficiary’s qualifications are well-supported.
Experienced legal counsel: Many employers and applicants use experienced immigration attorneys to navigate the complex process.
Stay informed: Keep up with USCIS announcements regarding the H-1B cap season, especially for 2025 updates.
Alternatives if the H-1B visa isn’t an option
If the H-1B lottery isn’t successful or you don’t qualify, other pathways might exist.
Other US work visas to consider
O-1 visa: For individuals with extraordinary ability or achievement in the sciences, arts, education, business, or athletics.
L-1 visa: For intracompany transferees (managers, executives, or specialized knowledge employees transferring from a foreign company to a US affiliate/subsidiary).
E-3 visa: For Australian nationals in specialty occupations.
TN visa: For qualified Canadian and Mexican citizens under the USMCA (formerly NAFTA) to work in specific professional occupations.
E-1/E-2 visas: For treaty traders and treaty investors from certain countries.
Student visas (F-1) with Optional Practical Training (OPT): Many international students in the US on F-1 visas can work for 12 months (or up to 36 months for STEM fields) on OPT after graduation in a job related to their field of study. This can sometimes lead to H-1B sponsorship.
Exploring pathways in other countries or other US immigration routes
You may explore skilled worker programs in other countries (e.g., Canada, UK, Australia) or look into other US immigration options if eligible (e.g., family-based green cards, National Interest Waivers).
Tips for a successful H-1B application journey
Maximizing your chances requires proactive steps.
Finding and working with a sponsoring employer
Focus on US companies known to sponsor H-1B visas, often in tech, healthcare, and engineering. Networking and specialized job boards can be helpful.
Ensuring your qualifications clearly meet specialty occupation criteria
Clearly articulate how your education and/or experience directly relate to the requirements of the specialty occupation role.
Preparing a careful and accurate application package
Double-check all forms and supporting documents for accuracy and completeness. Ensure translations and evaluations of foreign documents are done correctly.
Staying updated on USCIS announcements for the 2025 cycle
Follow the USCIS website for official updates on registration dates, selection processes, and any policy changes for the FY2025 H-1B season.
FAQs
Can I apply for the H-1B visa myself, without an employer?
No. The H-1B visa is an employer-sponsored visa. A US employer must file the petition (Form I-129) on your behalf. You cannot self-petition for an H-1B visa unless you are petitioning for yourself through a company you own, which has specific complex requirements.
What happens if I’m selected in the lottery but my H-1B petition is denied?
Being selected in the lottery only grants eligibility to file an H-1B petition. It does not guarantee approval. If the petition is subsequently denied by USCIS (e.g., due to eligibility issues, lack of specialty occupation proof, or errors), you cannot obtain H-1B status based on that selection. You would have to wait for the next H-1B cap season to try again, if eligible.
Can my spouse and children accompany me on an H-1B visa?
Yes. Your spouse and unmarried children under 21 years of age may be eligible to apply for H-4 visas to accompany you to the US or join you later. H-4 dependents can study in the US. Certain H-4 spouses may also be eligible for employment authorization if the H-1B holder has an approved I-140 immigrant petition or has been granted an H-1B extension beyond the usual six-year limit.
How long can I stay in the US on an H-1B visa?
An H-1B visa is usually granted for an initial period of up to three years. It can be extended for another three years, for a maximum total stay of six years. However, there are exceptions that allow for extensions beyond six years, primarily if you have a pending or approved permanent residency (green card) application.