July 15, 2026

A Complete Guide to the H-1B Visa

A U.S. job offer can create a major career opportunity, but it does not automatically authorize a foreign professional to begin working. The H-1B visa is a temporary employment classification that allows qualifying U.S. employers to hire foreign workers for specialty occupations. These positions generally require highly focused knowledge and at least a bachelor’s degree, or its equivalent, in a directly related field. Koshiba Law assists employers and foreign professionals with visa-related matters across the United States and internationally.

Because H-1B cases involve employer filings, annual limits, wage rules, and strict submission periods, preparation should begin well before the intended employment date. Our H-1B visa attorney can assess whether the position and worker appear to meet the classification requirements, identify missing documentation, and help organize the petition around the actual terms of employment.

Employers and foreign professionals preparing a new petition, transfer, extension, or response to a government notice can contact our firm to schedule a consultation.

What the H-1B Visa Allows

The H-1B classification permits a foreign national to work temporarily in the United States for the petitioning employer in the approved position. According to U.S. Citizenship and Immigration Services, eligible work may include specialty occupations and certain services connected to Department of Defense research or development projects. The most common category is the specialty-occupation H-1B.

A position does not qualify merely because the employer prefers a college graduate. The job duties must normally require a bachelor’s or higher degree in a specific specialty, and the worker must possess the required education, license, or equivalent qualifications. An H-1B visa lawyer may review the relationship between the degree field, actual duties, industry standards, and employer requirements before the petition is submitted.

Who Files the Petition

The U.S. employer, not the prospective employee, files the H-1B petition. The employer must offer a genuine position, maintain the required employer-employee relationship, and agree to comply with applicable wage and working-condition rules. The employee supplies educational records, immigration documents, and professional credentials needed to establish eligibility.

Koshiba Law provides immigration services through its listed practice areas. Our employment immigration attorney can help employers and workers prepare records and address questions involving job duties, qualifications, worksites, and employment dates.

The Annual H-1B Cap

Federal law generally limits new cap-subject H-1B approvals to 65,000 each fiscal year, with an additional 20,000 available for eligible workers who hold a qualifying advanced degree from a U.S. institution. Because demand often exceeds the available numbers, USCIS uses an electronic registration and selection process before employers may file most cap-subject petitions.

Selection allows the employer to submit a petition for the named worker, but it does not guarantee approval. Some employers, including qualifying universities and research organizations, may be exempt from the annual cap. Registration dates, fees, and filing procedures may change each year, so employers should review the current USCIS H-1B cap instructions before preparing a case.

The Labor Condition Application

Before filing most H-1B petitions with USCIS, the employer must obtain a certified Labor Condition Application from the U.S. Department of Labor. The employer makes attestations concerning wages, working conditions, labor disputes, and notice to affected workers. The required wage generally must be at least the higher of the actual wage paid to similarly qualified employees or the prevailing wage for the occupation and area of employment.

The Department of Labor states that LCAs are generally filed electronically through the FLAG system and cannot be submitted more than six months before the employment start date. The agency reviews them for completeness and obvious errors or inaccuracies. A work visa attorney can help coordinate the LCA with the petition so the job title, worksite, wage, and employment dates remain consistent across the filing.

Evidence Commonly Included With a Petition

A strong filing connects the offered position to the beneficiary’s qualifications. Depending on the case, evidence may include:

• A detailed employer support letter
• The certified Labor Condition Application
• The employment agreement or offer letter
• A description of the employer’s operations
• Organizational charts, project records, or client documents
• Degree certificates and academic transcripts
• Credential evaluations for foreign education
• Professional licenses, when required
• The worker’s passport and immigration history
• Prior approval notices and recent pay records
  

Required documents depend on the employer, occupation, work arrangement, and worker’s background. Information about the firm reflects Koshiba Law’s focus on clear communication and individualized service. Our immigration attorney can identify records that directly address the legal requirements.

What Happens After USCIS Approval

Approval does not always mean the worker may immediately begin employment. A person already in the United States may receive a change or extension of status if eligible. A beneficiary outside the country usually must apply for an H-1B visa at a U.S. consulate and then seek admission at a port of entry. Visa issuance and admission remain separate decisions from USCIS petition approval.

H-1B status is commonly approved for up to three years and may often be extended to a six-year total. Some workers pursuing employment-based permanent residence may qualify for longer extensions. Employment remains tied to the petitioning employer, although portability rules may permit qualifying workers to join a new employer after a properly filed petition.

Changes During H-1B Employment

An H-1B approval is tied to the employer, position, wage, and work locations described in the petition. A major change in duties, hours, compensation, worksite, or employer may require a new or amended filing. Employers should review proposed changes before putting them into effect.

Termination also affects the worker’s immigration status. A discretionary grace period of up to 60 days may apply, but it cannot extend beyond the approved stay. During that period, the worker may need to secure a new employer, request a change of status, or prepare to leave the United States.

Build the Filing Around the Actual Job

An H-1B petition should present a consistent factual and legal record showing how the position qualifies, how the worker meets its requirements, and how the employer will comply with the approved employment terms. Conflicting job descriptions, unsupported degree requirements, or inconsistent worksite and wage information may lead to added scrutiny, delay, or denial. Koshiba Law helps employers and foreign professionals prepare new petitions, transfers, extensions, and responses to government notices. To discuss an H-1B matter and the next required filing step, contact us today to schedule a consultation.