Understanding the H-1B Visa: A Gateway for Skilled Workers in the U.S.

By swipecreatif.agency/ April 3, 2025

The H-1B visa is one of the most sought-after nonimmigrant visas for professionals seeking employment in the United States. It allows U.S. employers to temporarily hire foreign workers in specialty occupations that require theoretical or technical expertise—typically in fields such as IT, engineering, mathematics, finance, and medicine.

At Alabbassi Law Office, we assist both employers and skilled professionals with every step of the H-1B process, from initial filing to responding to Requests for Evidence (RFEs).

What Is the H-1B Visa?

The H-1B is a nonimmigrant visa that allows foreign nationals to work in the U.S. for a specific employer in a specialty occupation. The job must require at least a bachelor’s degree or its equivalent, and the applicant must possess that degree or a related qualification.

Key Features of the H-1B Visa

• Initial validity: Up to 3 years, with the option to extend up to 6 years.

• Employer-sponsored: The U.S. employer must file the petition on behalf of the foreign worker.

• Dual intent: H-1B holders can pursue permanent residency (green card) while on this visa.

• Dependents: Spouses and children under 21 may enter the U.S. under the H-4 visa.

The H-1B Application Process

1. Labor Condition Application (LCA)The employer must file an LCA with the U.S. Department of Labor, confirming that the employee will be paid the prevailing wage and that hiring them will not negatively affect U.S. workers.

2. USCIS Petition FilingAfter the LCA is approved, the employer files Form I-129 with USCIS. Supporting documents must demonstrate the specialty nature of the job and the employee’s qualifications.

3. H-1B Lottery (if applicable)Due to high demand, USCIS conducts a random lottery each year to allocate the limited number of H-1B visas:

   • 65,000 regular cap

   • 20,000 additional visas for U.S. master’s degree holders

4. Visa Stamping and EntryOnce approved, the employee may apply for an H-1B visa at a U.S. consulate and enter the U.S. to begin employment.

When to Apply: The H-1B Cap Timeline

• Registration Period: Typically March

• Lottery Selection: March/April

• Petition Filing: Within 90 days of selection

• Start Date: October 1 (new fiscal year)

Common Challenges and How We Help

The H-1B process is complex, and USCIS scrutinizes every petition. Common issues include:

• RFEs (Requests for Evidence) regarding specialty occupation or employer-employee relationship

• Wage level disputes

• Educational equivalency questions

• Visa denials at U.S. consulates

At Alabbassi Law Office, we assist employers and employees by:

• Preparing strong, complete petitions with all necessary supporting documentation

• Responding effectively to RFEs and denials

• Advising on alternatives (e.g., O-1, L-1, or cap-exempt H-1B options)

• Guiding families on H-4 visas and work authorization options

Final Thoughts

The H-1B visa is a valuable opportunity for skilled professionals to contribute to the U.S. workforce and build a path toward permanent residency. However, the process is highly competitive and filled with technical requirements.

Whether you’re an employer looking to sponsor foreign talent or a skilled worker hoping to work in the U.S., Alabbassi Law Office can help navigate the H-1B process with confidence.

Contact us today at 832-304-7866 or email [email protected] to schedule a consultation