Article
15 min read
H-1B Visa Guide for Employers: Eligibility, Process & Tips
Immigration

Author
Jemima Owen-Jones
Last Update
July 22, 2025

Table of Contents
What is the H1B visa?
Who can get an H1B visa?
What are the eligibility requirements for the H-1B visa?
What is the process to obtain an H-1B visa?
Activating H-1B status
What are the limitations of the H-1B visa?
What’s next after the H-1B decision?
Build your global team without H-1B visa roadblocks
Key takeaways
- The H-1B visa is a temporary, employment-based visa that allows foreign professionals in specialized fields to work in the US.
- Each year, the US Citizenship and Immigration Services (USCIS) caps H-1B visas at 85,000, issued through a randomized lottery system during a short application window.
- Eligible applicants typically include individuals in specialty occupations, Department of Defense cooperative roles, and certain fashion models of distinguished merit.
- The standard H-1B duration is three years, extendable to six years in most cases. It is a dual-intent visa, meaning holders can apply for a Green Card without jeopardizing their current status.
- Manually tracking eligibility, deadlines, and documentation is time-consuming and error-prone, especially for fast-moving startups. More than 1,000 founders now use Deel Immigration to simplify the H-1B process with built-in legal expertise and a track record of 98%+ approvals.
Hiring has gone global. You’ve found the right person, maybe a developer in Bangalore or a product lead in Berlin, and you’re ready to bring them to the US. But getting them across the border on an H-1B visa? That’s when your team will quickly run into a wall.
The H-1B is supposed to open the door for global tech talent, but in practice, it’s full of friction. You’re navigating tight lottery windows, unclear eligibility criteria, and shifting immigration rules. Add in coordination with legal teams, gathering the right documentation, and syncing approvals with your hiring timelines, and suddenly, everything slows down. One misstep, and you could lose months of progress or lose the candidate altogether.
Instead of trying to juggle it all manually, more startups are using Deel Immigration to structure their visa process. Deel combines real-time immigration support with a system built to keep your hiring and relocation workflows moving for H-1B hires. This guide walks you through the process to qualify for an H-1B visa and shows how Deel Immigration can help you stay on track.
What is the H1B visa?
The H-1B is a temporary, nonimmigrant visa that allows foreign professionals in specialty occupations like engineering, architecture, social sciences, law and education to work in the US.
Each year, 85,000 H-1B visas are issued through a lottery process. The registration period typically opens in March or April and stays active for a few weeks. If a candidate misses this window or isn’t selected, they must wait until the next year. Selected candidates can begin work from 1 October.
The employer, not the applicant, must file the H-1B petition. Cap-exempt employers, including nonprofits, universities, and certain government agencies, are allowed to bypass the lottery and apply at any time of the year.
Who can get an H1B visa?
The H-1B classification caters to three categories of international individuals, commonly known as ‘beneficiaries’:
- Specialty occupation workers: Most common category and includes individuals hired for roles that require specialized knowledge. Typically needs at least a bachelor’s degree or its equivalent in fields like engineering, IT, law, healthcare, finance, and education
- Department of Defense R&D workers: Individuals employed through cooperative research and development projects with the US Department of Defense. These roles require specialized technical expertise and are tied to federal defense contracts
- Fashion models: Nationally or internationally recognized models for their merit and skill in the industry may qualify under this category
Watch our on-demand webinar: US work visas (featuring the H-1B). You’ll learn how to secure US work visas efficiently to get your team operational in the US in a fraction of the time. Watch now.
What are the eligibility requirements for the H-1B visa?
The worker and employer must meet the following key criteria to qualify for the H-1B program:
1. Employer-employee relationship
The foreign national should maintain an “employer-employee relationship” with the US employer filing the petition (known as the “petitioner”). This implies that the petitioner typically has the authority to hire, pay, dismiss, oversee, or control the work of the beneficiary
2. Paid actual wage or prevailing wage
Employers are required to compensate foreign nationals with the higher of the “actual wage” or “prevailing wage” for their occupation.
- Actual wage: What your company pays employees in similar roles, with comparable qualifications and experience.
- Prevailing wage: The average wage for similar positions in the same geographic area, as defined by market data or union contracts.
The challenge? These benchmarks are rarely static. Your internal pay scales may lag behind evolving roles, while public market data often lacks the visibility needed for specific seniority levels or cross-border compensation. And without a clear understanding of what the numbers actually mean after taxes, it’s difficult to ensure you’re offering a package that’s both compliant and competitive without overshooting your budget.
Deel’s Salary Insights Tool can help fill the gap with real-time benchmarking data from 150 countries. You can filter by role, level, or seniority, compare salaries for sponsored vs non-sponsored roles, and even break down compensation percentiles.
Most importantly, it shows you how your proposed offer translates post-tax, allowing you to build offers that make sense for your business and your candidate.
As an HR generalist, I find a ton of value in a good compensation planning tool whenever comp planning season rolls around. The compensation planning tool is highly customizable and straightforward to set up, manage, and edit. Our integrations with BambooHR and Carta run seamlessly in the background. This gives us a clear and concise way to visualize our compensation data across our company.
—Samantha G,
HR Generalist
Global Hiring Toolkit
3. Specialty occupation requirements
The foreign national is required to engage in a “specialty occupation” within the US, such as an occupation that requires:
- Specialized knowledge both in theory and practice; and
- Requiring at least a bachelor’s degree, master’s degree, or a higher degree in a specific specialty is a basic requirement for entering the occupation
Here is an incomplete list of specialty occupations for the H-1B visa:
- IT/Computer Professional
- University Professor or Teacher
- Engineer
- Healthcare Worker
- Accountant
- Financial Analyst
- Management Consultant
- Lawyer
- Architect
- Nurse
- Doctor
- Physician
- Surgeon
- Dentist
- Scientist
- Systems Analyst
- Journalist
- Editor
- Foreign Law Advisor
- Psychologist
- Technical Publication Writer
- Market Research Analyst
See also: What are H-1B Specialty Occupations?
4. Foreign national qualifications
To sponsor a foreign national for a specialty occupation position, the employer must prove that the candidate meets the minimum educational and/or experience criteria for the job.
This entails demonstrating that the candidate has earned a bachelor’s degree (or higher degree) in the relevant field or has adequate, relevant experience equivalent to the minimum educational requirements for the position and possesses the necessary qualifications to fulfill the specialty occupation position.
But that’s just the start. True eligibility depends on more than degrees and job titles. You must also factor in wage levels, job-to-degree relevance, timing, work duration, and candidate background. Although government visa checkers can perform basic eligibility screenings for individuals, they often fail to provide the nuanced details employers need when making a sponsorship decision.
That’s why Deel built the Visa Eligibility Checker. Unlike basic checklists, it provides employers with a comprehensive, context-rich view of candidate credentials, salary benchmarks, and key timing considerations. Simply input the role, wage, and qualifications, and get a real-time eligibility answer.
Best of all, the Checker delivers a clear, consolidated view of cost breakdowns, step-by-step application guidance, and processing timelines.
With Deel’s Visa Eligibility Checker, you can move quickly, stay compliant, and make smarter hiring decisions.
Deel Immigration
What is the process to obtain an H-1B visa?
To obtain the H-1B classification, several steps must be followed depending on whether the employer is subject to the cap or cap exempt.
Cap-exempt
Some employers are exempt from the H-1B lottery cap. These are typically organizations in specialty sectors like education, research, healthcare, or government. If an employer is cap-exempt, it does not need to participate in the annual H-1B lottery and can file petitions for foreign nationals at any time during the year.
The first step for cap-exempt employers is to obtain a certified Labor Condition Application (LCA) from the US Department of Labor (DOL). This involves attesting to the foreign worker’s wages and working conditions. Employers must also post the LCA or a notice of filing at the relevant job site(s) to inform US employees that an LCA is being submitted. This step ensures transparency and confirms that no qualified US workers are available for the position.
Once the LCA is certified, the employer can submit Form I-129 to USCIS along with documentation supporting the foreign worker’s eligibility for the H-1B classification. For processing times, check the USCIS website.
For faster processing, employers may choose premium processing, which guarantees a response from USCIS within 15 calendar days for an additional fee.
That freedom allows NGOs like Change.org to hire globally year-round without waiting for arbitrary lottery windows. With Deel, they’ve also been able to manage urgent payroll changes that come with all-year hirings, retain visa-sponsored employees through Deel’s Employer of Record model, and save 300+ admin hours each month while staying compliant across borders.
Effortless Visa Sponsorship
Don’t meet the requirements to sponsor workers’ visas?

Subject to the cap (H-1B lottery route)
If your company is subject to the H-1B cap, you’ll need to register during the lottery window in March. Once selected by USCIS, you have a 90-day deadline to file Form I-129 for a non-immigrant worker and complete all required documentation.
The process includes four key steps:
- Registration (March)
- Lottery selection (late March)
- Petition filing (Form I-129 for a nonimmigrant worker) along with filing fee
- Visa interview, approval, and activation
Important H-1B lottery dates
- February: Employers can create their profile on the USCIS website
- March 1, 2025: The H-1B registration period opens at 12:00 pm Eastern
- March 17, 2025: The H-1B registration period closes at 12:00 pm Eastern
- March 18-31, 2025: USCIS notifies selected registrants
- April 1, 2025: The employer can file the H-1B cap-subject petitions
- June 30, 2025: The initial 90-day filing window for H-1B cap-subject petitions closes
- October 1, 2025: The start date for H-1B lottery recipients
Each stage of the application process has strict deadlines, complex paperwork, and varying processing times.
However, undergoing the H-1B process through Deel Immigration means no loose ends or wasted time. We handle the entire petition package, including drafting, premium processing, and documentation. You get live status updates, filing deadline alerts, and proactive communication as USCIS policies shift.
Behind the scenes, our mobility experts work closely with your internal HR or legal team so everything moves faster and stays compliant. Deel Immigration gives you the infrastructure to scale globally without falling behind on paperwork or immigration rules.
Activating H-1B status
If the H-1B petition is approved, both cap and cap-exempt candidates must activate their H-1B status. The best way to do this will depend on where the candidate is, when the visa petition is filed, their immigration status, and their travel plans.
Here are the options:
- Option one: The candidate already resides in the US on another visa (change of status)
If the foreign national is currently in the US and on another valid nonimmigrant status visa (e.g., F-1, L-1), at least until 1 October, you can file the H-1B cap petition as a “change of status” petition. Once approved, the H-1B status will automatically begin on 1 October, or on the petition approval date, whichever is later.
In cases where the candidate’s current status (e.g., F-1 with OPT or STEM extension) is set to expire before 1 October, they may qualify for a cap gap extension, which allows them to remain in the US until the H-1B kicks in.
If you’re using Deel Immigration, switching visa status is much easier. The platform tracks your request from start to finish and gives you real-time updates at every step. Deel’s immigration team is there to guide you through the process, help you meet deadlines, and stay compliant so you can focus on onboarding and leave the paperwork to us.
- Option two: The candidate is outside of the US at the time the H-1B petition is filed (consular processing)
If the foreign national is not in the US when the employer files the H-1B petition or does not have another valid status until 1 October, the H-1B petition is filed as a “consular notification” petition.
In this situation, to activate H-1B status after the H-1B petition is approved, the foreign national must enter the US with the H-1B approval notice from USCIS and a valid H-1B visa stamp in their passport.
Foreign nationals must bring the original H-1B approval notice and a copy of the H-1B petition. In addition, foreign nationals will need to review the US embassy or consulate’s website to learn what specific supporting documentation is required, as every US embassy or consulate has different application procedures and requirements.
Note: The earliest the foreign national can enter the US to activate H-1B status is ten days before the starting validity date on the H-1B approval notice.
Canadian citizens are exempt from the visa requirement and can activate their H-1B status by entering the US with the H-1B approval notice.
See also: Change of Status vs. Consular Processing.
What are the limitations of the H-1B visa?
In addition to the H-1B visa being limited to an annual cap of 85,000 new visas in each fiscal year, you should be aware of a couple more limitations to the H-1B visa.
Time limitations
The H-1B visa is granted for up to three years and can be extended for another three, for a total of six years. Employers and visa holders can apply for an H-1B extension starting six months before the current visa expires.
After six years, the person must either:
- Switch to a different nonimmigrant visa type
- Apply for a green card to stay in the US
- Leave the country for one full year before reapplying for H-1B from the available 85,000 each fiscal year
Note that time spent in related visa categories like L-1A or L-1B also counts toward the six-year limit.
Extensions beyond six years
Sometimes, a foreign national can extend their H-1B classification beyond the maximum limit of six years. However, this is possible only if the foreign national has:
- An approved Form I-140 (immigrant petition for alien worker) but cannot obtain lawful permanent residence (a green card) due to a backlog of immigrant visas in their country of birth; or
- The foreign national has a labor certification and/or I-140 (immigrant petition for alien worker) filed on their behalf at least 365 days before the end of their six-year H-1B classification period
What’s next after the H-1B decision?
Whether your candidate is selected in the lottery or not, your hiring strategy shouldn’t stop with the H-1B result. Here’s how Deel Immigration helps you plan for both scenarios:
If the H-1B is approved: Get ahead on green card planning
Once the H-1B is approved, it’s time to think long term. Deel Immigration supports founders and HR teams with green card readiness from the start and not just at year five. Our global mobility experts guide you through PERM labor certification, I-140 filings, and role structuring to ensure your top talent has a clear path to permanent residency.
With Deel Immigration, you avoid last-minute panic, reduce the risk of losing key employees to visa limits, and give your hires a long-term future within your organization.
I had a great experience working with [Deel Immigration]! The [Deel] team was very professional, supportive, and a joy to work with. I would highly recommend [Deel Immigration] to any entrepreneur who is looking into getting a US EB-2 NIW visa!
—Liliana Nordbakk,
TreBiome Inc.
If the H-1B is denied: Retain your candidate through Deel’s Employer of Record
If your candidate doesn’t make it through the lottery, that shouldn’t end your hiring process. Deel’s Employer of Record (EOR) lets you hire the same person in their home country without setting up a legal entity. We take care of contracts, payroll, benefits, and local compliance across more than 100 countries.
This gives you full legal coverage and seamless onboarding while preserving your investment in sourcing and interviews. Your team moves forward without delays, and your candidate doesn’t lose momentum.
Deel Employer of Record
Build your global team without H-1B visa roadblocks
The H-1B process can feel like a marathon of paperwork, deadlines, and legal jargon. But even with all that compliance pressure, Deel Immigration is built to carry the load. Our immigration experts walk you through the lottery, and if your candidate is selected, we manage the full application process from start to finish.
With a 98% approval rate, an in-house mobility team, and up-to-the-minute legal guidance, we’ve helped 1,000+ companies hire across borders with confidence. Need to transfer an H-1B from a previous employer? We’ll handle that too, with no friction and no delays.
Ready to see how it could work for you? Schedule a free consultation with our Mobility team today.
Deel gives us the peace of mind of knowing that in these visa situations, the employee will get the support they need.
—Leanne Schofield,
Head of People
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About the author
Jemima is a nomadic writer, journalist, and digital marketer with a decade of experience crafting compelling B2B content for a global audience. She is a strong advocate for equal opportunities and is dedicated to shaping the future of work. At Deel, she specializes in thought-leadership content covering global mobility, cross-border compliance, and workplace culture topics.