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H-1B Visa: Start With Your Question

H-1B is employer-led from start to finish — your employer registers and petitions for you, and your part is to qualify for the job, document it accurately, and answer truthfully at each stage. Start with the stage you are in, or with the questions workers ask most.

STAGE 01

I'm starting out — am I eligible, and does my job qualify?

Whether the job is a specialty occupation, whether you qualify for it, and why your employer — not you — does the filing. Open this stage

STAGE 02

I'm waiting on registration — how do selection and the petition work?

Why your employer registers you first, how USCIS selects who can file, and what happens after selection. Open this stage

STAGE 03

My petition is approved — what happens at stamping and the interview?

What happens after petition approval if you need a visa: the steps in order, what to bring, and what the interview checks. Open this stage

STAGE 04

Something went wrong — my case was refused or delayed. What now?

What a 221(g) refusal means at the consulate, and the petition-stage questions still in preparation — without guessing at timelines. Open this stage

STAGE 05

I'm working — what about my family and day-to-day life?

Who can join you in H-4, the narrow rules on an H-4 spouse working, and what happens to your family if the job ends. Open this stage

Most-asked questions

QUESTION 01

Can I file H-1B myself?

No — your employer is the petitioner at every stage, from registration to Form I-129; there is no self-petition route. Read the H-1B guide for employees

QUESTION 02

Does the new $100,000 payment apply to my petition?

The payment is a one-time petitioner payment for certain petitions filed at or after 12:01 a.m. Eastern on 21 September 2025 — the guide explains exactly which petitions it applies to. Read the $100,000 payment guide

QUESTION 03

Can my spouse work on H-4?

Only in a narrow case — an H-4 spouse may apply for an EAD only if the H-1B spouse has an approved Form I-140 or has been granted H-1B status under AC21 sections 106(a) and (b). Read the H-4 dependents guide

QUESTION 04

How does selection actually work?

USCIS selects unique beneficiaries — people, not entries — and describes selection as weighted generally by the highest OEWS wage level the offered wage equals or exceeds. Read the registration and lottery guide

QUESTION 05

My petition is approved — do I actually need a visa stamp?

Petition approval is not a visa — if you are outside the United States you generally apply at a consulate, and an approved change of status inside the US is status, not a travel document. Read the stamping and interview guide

QUESTION 06

How long does H-1B last?

Generally admitted for up to 3 years at a time, generally extendable for up to 3 more years, for a total period of 6 years. Read the H-1B guide for employees

QUESTION 07

Do I have to prove I will leave the US?

No — per the Department of State, H-1B applicants, along with their spouse and any minor children, are excluded from the 214(b) presumption, though you must still qualify for H-1B itself. Read the stamping and interview guide

Official sources

Guides on this page are verified against official sources before publication. Official starting point: USCIS — H-1B Specialty Occupations.

General information based on official sources — not a confirmation for your case. Always check the linked official page.

General educational information, not individualized legal advice. Follow official instructions and consult a qualified U.S. immigration attorney for case-specific questions.