H1B Visa: A Special Guide for Those Who Want to Work in the USA (2025)
H1B Visa: A Special Guide for Those Who Want to Work in the USA (2025)
FRONTJANUARY 23, 2025 / IN BLOGS, H-1B VISA, TR
Author: Asım Kılınç, Immigration Lawyer, CK Law Firm
Many Turkish professionals who aim to work in the United States can achieve their goals with an H1B visa. The H1B visa allows professionals specializing in fields such as science, technology, engineering, and mathematics to start working after receiving job offers from employers in the United States. In this special guide to the H1B visa, I answer the following questions:
- H1B Visa Professions: Which Industries Can You Apply From?
- H1B Visa Application Requirements: Who is Eligible?
- How Does the H1B Visa Lottery System Work?
- Tips to Increase Your Chances in Applying for an H1B Visa
- What Can You Do If You Are Not Selected in the H1B Lottery?
- Required Documents for H1B Visa
- H1B Visa Fee: Detailed Analysis
- What is the H1B Visa Quota?
If you have any other questions about the H1B visa, please feel free to contact us through the comments section of this blog or through our website at CK Law Firm, an immigration law firm. You can also reach me on LinkedIn for specific questions and consulting services.
How Does the H1B Visa Lottery System Work?
Each year, the United States Immigration Service (USCIS) accepts 85,000 applications for the H1B visa. Of this quota, 65,000 are reserved for general applicants, while an additional 20,000 are available to those with a US master's degree or higher.
The H1B lottery takes place entirely electronically. Your employer electronically registers you in March. At the end of March, the Immigration Office randomly selects applicants. If you are selected, you can submit a detailed application through your employer. If you are not selected, your application will not be processed, and you will need to reapply the following year.
H1B Visa Professions: Which Industries Can You Apply From?
H1B visa professions require expertise, particularly in fields such as computer science, engineering, and health sciences. This visa is also suitable for Turkish individuals working in positions requiring a high level of education and expertise. Here are some sample professions for which you can apply for an H1B visa:
- Computer systems analysts
- Biotechnology experts
- Architect
- Engineer
- Financial and investment analysts
H1B Visa Application Requirements: Who is Eligible?
To apply for an H1B visa, candidates generally need a bachelor's degree in a relevant field or equivalent professional experience. Among the H1B visa requirements, it's crucial for candidates to demonstrate that they possess the necessary knowledge and skills for the position they're applying for. Those who possess these skills are eligible to apply for an H1B temporary work visa.
Tips to Increase Your Chances in Applying for an H1B Visa
- Having a Master's or Doctorate Degree: If you have a master's or doctoral degree from the US, you have two separate options in the H1B lottery. You'll first be considered for the 20,000-person graduate quota. If you're not selected for this quota, you'll be included in the general lottery of 65,000. This significantly increases your chances of being selected.
- Submitting a Complete and Accurate Application: Incomplete or inaccurate information in your application may result in its rejection. Therefore, ensure that all documents are complete and accurate. Ensure your employer also follows the process meticulously and completes all required steps.
- Working with a Reliable Employer: The success of your H1B application is closely tied to the credibility of your employer. The Immigration Office conducts rigorous oversight to prevent abuse of the system. Working with employers who have previously filed successful H1B applications increases the likelihood of your application being accepted.
- Starting the Application Process Early: H1B applications open in March and only take a few weeks. To complete all the processes in this short timeframe, you should make preparations in advance. Starting early and gathering all the necessary documents will make the process go smoother.
What Can You Do If You Are Not Selected in the H1B Lottery?
- Extend Your OPT If You Have a Degree in a STEM Field: If you have a degree in a science, technology, engineering, or math (STEM) field, you can extend your OPT (Optional Practical Training) period by up to 24 months. This will allow you to reapply for an H1B the following year.
- Consider Other Visa Types: Besides the H1B, you can explore other visa types, such as the L-1, O-1, EB2, or EB3. These visas offer different benefits, depending on your area of expertise or work experience.
- Work for Employers Not Subject to the H1B Quota: Universities, research institutions, and some nonprofit organizations are exempt from the H1B quota. By working with such employers, you can obtain a visa directly without entering the H1B lottery.
What are the Required Documents for the H1B Visa?
The documents required for an H1B visa application must be divided into two categories. The documents your employer, or sponsor, must provide are separate from the documents you, the applicant, must provide.
Documents Required from the Employer:
- Approved and signed H visa request form
- Document containing the average salary of employees in similar positions in your region
- Document showing the salary given by the employer to employees in similar positions
- Wage receipt paid to the US Department of Homeland Security (paid by the employer)
- All offer letters explaining the terms and duration of employment
- If the employee will be working at more than one location, additional documents listing the dates and addresses of the locations where the work will be performed
- Proof that the employee has the required degree for the job, such as transcripts and diplomas
- Certified translation of all documents not originally in English by a sworn translator
- Educational equivalency assessment for degrees received from universities outside the United States
- Current resume
- Professional license (if required)
- Passport page showing personal information and expiration date
- If the employee is in the US, a passport page showing the most recent visa stamp, documents showing their status and entry and exit from the country
Documents Required from the Applicant:
- Passport
- Printout of the confirmation page of the DS-160 form
- Application fee receipt
- Photograph
- Receipt number (can be found on Form I-129)
H1B Visa Fee: Detailed Cost Analysis
H1B visa fees primarily include the H1B registration fee, which is $215. The Form I-129 fee, which follows, has two separate pricing options based on the employer's company size. For large companies, the fee is $780, while for small businesses, it's $460.
Form I-129 is used by employers in the United States to apply for work authorization from the U.S. Citizenship and Immigration Services (USCIS) for nonimmigrant workers. This form must be approved for a U.S. Temporary Work Visa application.
In addition to these fees, there's also a Premium processing fee to expedite your application within 15 days. This fee is $2,805. However, it doesn't speed up your consular visa process.
How to Get an H1B Visa: Step-by-Step Application Guide
The answer to the question of how to obtain an H1B visa can vary due to the highly personalized nature of the process. First, you need to find an employer who will offer you a job in your field. Your US H1B visa process begins when the employer registers you online.
Once your registration is approved, your employer submits an LCA (Labor Conditions Application) approved by the DOL (U.S. Department of Labor) and Form I-129 (Petition for Alien Employee) to the USCIS (U.S. Citizenship and Immigration Services). Once all documents are submitted accurately and completely, USCIS will review your application and obtain an H1B visa, enabling you to begin your life in the USA. You can contact us through our Contact page to get in touch and learn more.
What is the H1B Visa Quota?
After answering the question "What is an H1B visa?", another frequently asked question is its quota. As applications for the H1B visa have increased over time, a specific quota has been established for this visa, and applications are now accepted through a lottery based on the number of applicants specified in the quota. While applications used to remain open for extended periods to fill the quota, today's quota is filling up quickly.
This quota offers a capacity of 85,000 people. Of this, 65,000 are reserved for undergraduates or experienced professionals, while 20,000 are reserved for academic professionals with a master's degree or higher.
In addition to the H1B visa guide we've provided in this article, if you'd like assistance with your H1B visa process, you can always reach us through the CK Law Firm website or through the comments. You can also reach me on LinkedIn for specific questions or consulting services.