The H-1B visa has been the most popular long-term work visa in the United States for years, and with good reason. There is a whole host of benefits that give the H-1B an edge over the other work visa categories. From its accessibility to its lengthy initial period of stay, it’s easy to see why so many foreign professionals apply to reap the H-1B visa benefits each year. Read more to learn all about the pros and cons of the H-1B.
Speak with an experienced H-1B Attorney
How the H-1B Visa Benefits Foreign Workers
The broadest benefits go to the beneficiary, or foreign worker, who receives the visa. For FY 2026, USCIS announced that they have received 343,981 eligible H-1B visa registrations and selected 120,141 (about 35%) in the first round for FY 2023. USCIS’s selections met the mandated 65,000 in the regular cap and the 20,000 allotted for the master’s cap (advanced degree exemption), totaling 85,000. If you were wondering what causes this visa to be so popular, this is why.
Broad Requirements
The first H-1B visa benefit, and perhaps the main reason for its popularity, is the general requirements associated with qualifying for this visa.
While many other working visas require the beneficiary to have a managerial position, a master’s degree, or an investment of thousands of dollars, the H-1B simply requires the following:
- A bachelor’s degree
- A job offer from a U.S. company for a specialty position that requires your bachelor’s degree.
Of course, finding an employer that has a job opening available for a position related to your educational background may not be simple, but these requirements are much easier to fulfill than the requirements for visas such as E-2, L-1, and O visa classifications.
Find out about H-1B Salary Requirements.
However, depending on your situation, another work visa may be a more viable option for you. For example, if you are an entrepreneur who has significant capital but does not have a bachelor’s degree, the E-2 visa may be a better fit for your case.
Learn about H-1B Cap Exempt Employers in this guide!
If you are selected in the H-1B visa lottery, contact VisaNation attorneys for filing your H-1B petition.
Visa Validity Period
Another benefit of the H-1B visa is the amount of time you are initially granted when you receive your visa. In contrast to some of the other visas, such as B-1, which grants you six months, and the J-1, which can sometimes grant you as little as one year, the H-1B allows holders to stay for three years initially and can easily be extended.
Portability
Unlike the rigid regulations surrounding some other work-related visas, the H-1B gives holders the ability to port their status from one employer to another during their stay. It also allows them to work part-time and for multiple employers at the same time.
Anyone Can Apply
One of the biggest H-1B benefits is that foreign professionals from all over the world can apply. While the E-2 visa can only be obtained by people from treaty countries and the TN is reserved for Canadians and Mexicans, the H-1B is open to nationals and citizens of any country.
Check out our H-1B Predictions for the Year.
President Trump has signed a new proclamation introducing a $100,000 fee for new H-1B petitions. This change could impact employers and foreign workers planning to apply, but exclusions apply. Read our full article for more details
Spouses and Dependents
You can bring your spouse and children over as dependents under the H4 visa. Their stay will be as long as the principal holder, and extensions can be acquired for each H-4. Additionally, H-4 holders can now work in the U.S. after obtaining Employment Authorization Documents.
If you were selected in the H-1B visa lottery, contact VisaNation attorneys for filing your H-1B petition.
Dual Intent
Unlike many other work visa classifications, one of the H-1B’s many benefits is the fact that it is considered to be a “dual intent” visa. This means that you can pursue legal permanent residency while under H-1B nonimmigrant status. This is a large advantage over some other visas, such as the TN and J-1 classifications.
Recommended: H-1B to Green Card: Process, Steps & Timeline
H-1B Restrictions
Among the most important restrictions are the time limit of six years on H-1B status. If you wanted to continue working in the U.S. after those six years, you would have to be out of the U.S. for one year before being able to reapply for another H-1B visa.
There are exceptions to this; if, for example, you submitted your I-140 or Labor Certification before your 5th year of having the visa and with a pending I-485, then you would be able to renew your H-1B in 1-year increments until you received a decision on your permanent residency application.
The other exception to the six-year limit rule is if you had an approved I-140 but couldn’t complete the I-485 because your priority date was not current. In that case, you could get a 3-year extension to your H-1B.
Find out How to Change Jobs After I-140 Approval.
H-1B Alternatives
Due to the highly competitive nature of the H-1B visa and the requirements, it may not be the most suitable option for you. Below are H-1B alternatives, which you should discuss with your immigration attorney in further detail:
How the H-1B Visa Benefits U.S. Employers
Foreign professionals are not the only ones who stand to grow from the H-1B benefits. Employers have much to gain as well. This visa, which caters to people with educational backgrounds in science, technology, engineering, and mathematics (or STEM for short), allows the best of the world’s professionals to enter the U.S. and work for your company.
If you are selected in the H-1B visa lottery, contact VisaNation attorneys for filing your H-1B petition.
Combat Local Labor Shortages
Many employers are located in areas that have a labor shortage and may not have access to qualified U.S. workers who are willing to move permanently to your area.
The H-1B process gives employers the opportunity to hire temporary professionals from overseas to complete projects or fill specialty positions.
Global Competitiveness
These days, to compete with today’s market, you need to have a global presence. Hiring H-1B employees can strengthen your competitiveness abroad and could also provide quality permanent workers if you are willing to sponsor applicants for employment-based green cards.
Disadvantages of the H-1B
Unfortunately, the H-1B visa is not without its downsides. Work with your immigration attorney to weigh the pros and cons of this visa class to determine if it is the right choice for you.
H-1B Lottery
The first and greatest drawback of the H-1B visa is the fact that there is an annual limit on how many petitions are approved each year. While other visas also have a limit, they are not as easy to obtain, and so that limit is rarely reached. The H-1B visa, in contrast, regularly receives up to three times the number of petitions than is allotted.
Because of its popularity, USCIS has chosen to have all petitions entered into a lottery. This is the process of randomly selecting the number of registrations allowed by the annual cap, which is 85,000.
What this means for you is that there is a strong likelihood that your registration will not be selected in any given lottery. If you are not selected, you will have to wait until the following year to petition again.
However, there are some ways to avoid the lottery process through cap-exempt organizations. This can be done by finding a cap-exempt employer, or if you are filing for an H-1B transfer or extension.
Extensions
While the H-1B has an initial period of stay that rivals other popular visas such as E-2, O-1, and TN classifications, you can only extend it once to a maximum of six years. The other aforementioned visas can be extended much longer and can sometimes be extended indefinitely.
There are some instances in which an H-1B holder could stay beyond the typical six-year limit, but these are far from the typical circumstances.
To see if you could qualify for an exemption from the limit, contact your immigration attorney.
Inflexible Dates
Due to the lottery process, there are strict dates that must be adhered to during the process. For example, your petition cannot be filed until April 1st. Also, if your petition is selected and approved, you cannot begin working until on or after the 1st of October of that same year. This also limits the benefits that the premium processing service has on your case.
On the other hand, other visas allow a more fluid timeline for petitioning and starting employment.
Job Offer
While it is one of only two major requirements for an H-1B visa, it can also be a drawback since finding a sponsoring employer can be difficult.
In contrast, the E-2 and O-1 visas do not require a job offer, so beneficiaries are able to petition on their own behalf. H-1B applicants, however, must have an employer file a petition for them.
Fees
Even though all H-1B petitioning fees must be paid by your employer, they are steep and sometimes disincentivize employers from sponsoring you. Overall, your employer could end up paying almost $7,000 in fees for your H-1B visa. Additionally, Trump’s new 100,000 H-1B fee proclamation could impact its feasibility. in contrast, the TN visa can cost as little as $500.
VisaNation Attorney Fees: The H-1B fees charged by a law firm can vary drastically. Since the stages are now tiered, only certain companies will eventually file the complete petitions. VisaNation Law Group’s legal fees are tiered as follows:
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- One: $550 for the initial registration process, which includes all required preliminary case analyses.
- Two: $2,600 will be due if the case is selected in the lottery for filing, including all form/support letter preparation plus case filing within the timeframe.
- Three: $500–$1,500 will be the cost of a Request For Evidence (RFE) response, should one later be issued on the case.
How VisaNation Can Help
Have additional questions about the H1B visa or alternatives available to you? Choosing the right visa for your case can be a difficult task. That’s why we never recommend anyone navigate immigration law without a qualified attorney at their side.
VisaNation Law Group H-1B lawyers can assess your immigration case and help you come to an informed decision about how to enter the U.S.
Speak with an experienced attorney today!
