H-1B Visa
What is an H-1B Visa
The H-1B Specialty Occupation visa (HB1 visa) is a non-immigrant visa that allows individuals with specialized knowledge or expertise in a particular field to work in the United States for a specific period of time. If you have a job offer from a U.S. employer in a qualifying field, an H1B visa may be a good option for you.
Important Update for H-1B Applications (2026)
As of 2025, new H-1B visa petitions require a USD $100,000 processing fee. This fee does not apply to H-1B renewals or applications to change status from another visa classification to H-1B. If you are a Canadian citizen, you may be eligible for a TN visa, which offers same-day processing at port of entry for only USD $56, with no lottery or annual cap.
How do I apply for an H-1B visa?
To apply for an H-1B visa, you will need to follow these steps:
Gather the necessary documents and information. This includes proof of your education and work experience, proof of your job offer and qualifications, and evidence of the relationship between your home and U.S. companies.
Have your U.S. employer register your position for the H-1B lottery. Registration begins in March of each year. Lottery draws are conducted in April.
If your position is drawn from the lottery, have your U.S. employer file an H-1B petition with the U.S. Citizenship and Immigration Services (USCIS) on your behalf, including the required labor condition application and supporting documentation.
Wait for the decision on your H-1B petition. If your petition is approved, you will receive an approval notice, which will allow you to apply for an H-1B visa. However, Requests for Evidence (RFE) are increasingly common as officers interpret requirements more strictly to limit reliance on the program.
Complete the appropriate visa application forms and pay the required fees.
Schedule an interview at a U.S. embassy or consulate in your home country, if required.
Attend the interview and provide the necessary documents and information to the consular officer.
Wait for the decision on your visa application. If approved, you will be issued an H-1B visa, which will allow you to enter the U.S. and work for the U.S. employer in the specialty occupation.
Once you have obtained an H-1B visa, you will need to follow the terms and conditions of your visa, including any restrictions on your ability to work and travel. You will also need to maintain your employment with the U.S. employer in the specialty occupation in order to maintain your H-1B visa status.
H-1B Visa Costs and Processing Timeline
Application Fees (2025)
New H-1B visa petitions: USD $100,000 processing fee
This fee applies to new H-1B applications filed in 2025. It does not apply to H-1B renewals or extensions, or applications to change from another work visa classification to H-1B status.
H-1B renewals and status changes still cost well over USD $10,000 in government fees, administrative fees, and legal fees.
Your employer must also obtain a labor condition assessment before filing the petition, which requires additional time and administrative resources.
The H-1B Lottery Process
The H-1B visa is a lottery-driven process. You can only apply if you successfully win a lottery spot.
The H-1B is subject to an annual cap of 65,000 spots, plus an additional 20,000 spots reserved for applicants with US Master’s degrees.
Lottery registration opens in March of each year, and lottery draws are conducted in April. Even if you meet all qualifications, you may not be selected due to the cap. If you are not selected, you must wait until the next year to try again.
Processing Timeline
The H-1B application process takes many months by design. From lottery registration to being able to start work, expect 6-12+ months minimum. Even with premium processing, significant delays are common.
The timeline typically looks like this: Employer registers your position for the lottery in February-March. Lottery draws are conducted in March-April. If selected, your employer files the petition in April onward, which takes many months of processing. Throughout this process, Requests for Evidence (RFE) are increasingly common, adding more time.
Employment Restrictions
The H-1B requires direct one-to-one employment. “Labor for hire” consulting arrangements are increasingly refused by USCIS.
If you lose your job, you must find a new job within 60 days, but you can only do this if your I-140 Green Card petition is in process with a priority date assigned. Otherwise, you must depart the United States.
The H-1B process is complex and expensive. Before investing in the lottery process, schedule a consultation to discuss whether you qualify and explore alternative options like the TN visa for Canadian citizens.
Can I qualify for a Green Card if I have an H-1B visa?
If you are currently working in the United States on an H-1B work visa and want to know how you can qualify for a Green Card, there are a few things you should know.
First, it’s important to understand what a Green Card is and why it is important. A Green Card, also known as a Permanent Resident Card, is a document that allows a non-U.S. citizen to live and work permanently in the United States. Having a Green Card is often seen as a stepping stone towards becoming a U.S. citizen, as it provides many of the same rights and benefits.
To qualify for a Green Card while working on an H-1B visa, you must have a job offer from a U.S. employer that is willing to sponsor you for a Green Card. This employer must also file a petition for an immigrant visa on your behalf with the United States Citizenship and Immigration Services (USCIS).
In addition to having a job offer, you must also meet certain eligibility requirements:
Being admissible to the United States, which means that you do not have any criminal convictions or other reasons that would make you ineligible for a Green Card.
Having a qualifying relationship with the sponsoring employer, such as being their employee or having a family relationship with them.
Meeting the education and/or work experience requirements for the job you are applying for.
Once you have met these requirements and your employer has filed a petition on your behalf, you will need to wait for a visa to become available. This is because there are a limited number of Green Cards available each year, and there may be a waiting list for certain categories of immigrants.
Once a visa becomes available, you will need to complete the Green Card application process. This includes submitting all the required forms and documents, and attending an interview at a U.S. embassy or consulate. If your application is approved, you will be issued a Green Card and can begin living and working permanently in the United States.
The H-1B is a dual-intent visa, meaning you can travel in-and-out of the United States after your employer submits your EB-2 or EB-3 petition.
The process of applying for a Green Card while working on an H-1B visa is complex. Contact us to discuss your eligibility.
H-1B Visa Frequently Asked Questions
What is an H-1B visa?
The H-1B is a specialty occupation visa for professionals with specialized knowledge or expertise in a particular field. It allows you to work in the United States temporarily for a U.S. employer in a qualifying position that requires at least a bachelor’s degree in a related field.
How much does an H-1B visa cost in 2026?
New H1B visa petitions require a USD $100,000 processing fee as of 2025. This applies only to new petitions. H-1B renewals and status change applications still cost well over $10,000 in government fees, administrative fees, and legal fees.
How do I get an H-1B visa?
Your U.S. employer must register your position for the H-1B lottery in March. If selected in April, your employer files an H-1B petition with USCIS including a labor condition application. If approved, you apply for the visa at a U.S. embassy or consulate. The entire process takes 6-12+ months.
How long does the H-1B visa process take?
The H-1B process takes many months. Lottery registration occurs in February-March, results in March-April, and petition processing (if selected) takes many additional months. Total timeline from registration to start date is typically 6-12+ months or longer.
How long is an H-1B visa valid for?
The H-1B visa is initially valid for up to 6 years. It is renewable as long as you maintain your employment with the U.S. employer in the specialty occupation. Extensions beyond 6 years may be possible if you have a Green Card petition in process.
What is the H-1B lottery and what are my chances?
The H-1B has an annual cap of 65,000 spots plus 20,000 for US Master’s graduates. Demand far exceeds supply, so USCIS conducts a lottery each year. Only selected applicants can file petitions. If not selected, you must wait until next year.
Does a Canadian need an H-1B visa to work in the USA?
No. Canadian citizens can use the TN visa instead, which offers same-day processing for $56 with no lottery or annual cap. The TN visa is usually a better option for initial U.S. employment. Learn about TN visas →
What happens if I lose my H-1B job?
You must find a new job within 60 days, but you can only do this if your I-140 Green Card petition is in process with a priority date assigned. Otherwise, you must depart the United States.
How long does it take to get a Green Card from H-1B status?
The timeline varies significantly depending on your country of birth and the Green Card category. Your employer must file an I-140 immigrant petition on your behalf, and you must wait for a visa number to become available. This process can take several years due to annual caps and country-specific limits.
Should I apply for H-1B or TN visa as a Canadian citizen?
If you are a Canadian citizen, the TN visa is usually better for initial US employment: same-day processing for $56 with no lottery, versus 6-12+ months and $100,000 for H-1B. However, H-1B offers dual intent for green card pursuit. Compare in detail →
How can an H-1B visa attorney help me?
Mandelbaum Immigration Lawyers can conduct an H-1B visa assessment for you. An H-1B visa lawyer can:
Guide you on whether your job offer qualifies as a specialty occupation
Advise your employer on the H-1B petition and lottery process
Inform you what specific documents are needed for your case
Prepare your application or employer petition
Respond to Requests for Evidence (RFE) if needed
Submit your application and prepare you for your visa interview
Important for Canadian citizens: Before investing in the expensive and uncertain H-1B lottery process, we recommend exploring whether you qualify for a TN visa.
How can I schedule a consultation appointment?
Contact us to arrange a consultation with a TH-1B visa lawyer:
📧 Email: info@dmandelbaum.com
📞 Phone: (416) 646-3523
Our Toronto office is conveniently located near Yonge & Sheppard, easily accessible by TTC.