Who Can Get an H1B Visa? – Comprehensive Guide for 2025

Ergül Çeliksoy, Immigration Lawyer, CK Law Firm

Who is eligible for an H1B visa? Many Turkish professionals who dream of working in the US can achieve this goal by obtaining a work permit through an H1B visa. The H1B visa allows Turkish professionals specializing in fields such as science, technology, and engineering to be hired by US employers. In this guide, I cover the following stages of the H1B visa process:

• H1B Visa Professions: Which Industries Can You Apply From?
• H1B Visa Application Requirements: Who is Eligible?
• What are the Required Documents for the H1B Visa?
• H1B Visa Fee: Detailed Cost Analysis
• How to Get an H1B Visa: What Are Employee Rights?
• H1B Visa Ekşi Reviews: How is the Application Process?

If you have any questions about the H1B visa beyond these topics, please feel free to contact me through the comments section below this article or by sending me a message directly on LinkedIn. Don't forget that you can also submit your questions to me through the website of CK Law Firm, the immigration law firm of which I am a founding partner!

H1B Visa Professions: Which Industries Can You Apply From?

The H1B visa is available for occupations requiring knowledge in computer science, engineering, finance, and health sciences. This visa is ideal for individuals with a high level of education and expertise. The criteria for H1B visa occupations, as determined by USCIS (U.S. Citizenship and Immigration Services), are as follows:

• Having a bachelor's degree or higher.
• Having experience in the job position you are applying for.
• Your employer invites you because the position is very complex and unique.

H1B Visa Application Requirements: Who is Eligible?

H1B visa applicants must have at least a bachelor's degree in the field for which they are offered a job. If candidates do not have a bachelor's degree, they need experience demonstrating expertise in the field. The candidate must demonstrate that they possess the necessary knowledge and skills for the proposed position.

According to USCIS regulations, the H1B visa requirements are as follows:

• Have a US bachelor's or master's degree.
• If you do not have a US bachelor's or master's degree, you must have an equivalent degree from a foreign country.
• There must be no obstacle to fully practicing the profession and starting this profession in the state where the person will be employed.
• Individuals who do not have a bachelor's or master's degree must have equivalent experience and expertise.

What are the Required Documents for the H1B Visa?

American employers apply for an H1B visa on your behalf. At this point, your employer applies for a nonimmigrant visa with the required H1B documents. The required documents for this application are as follows:

• Working Conditions Application (LCA)
• Form I-129 (Petition for Foreign Employee)
• Documents proving your professional qualifications (Undergraduate diploma, work experience, etc.)

H1B Visa Fee: Detailed Cost Analysis

The employer generally covers the fees required for your H1B visa application. However, there are also aspects of the visa process that you must pay yourself. For example, you must complete the necessary visa interviews and documents personally.

Employers must first pay the H1B visa registration fee, which is $215. The Form I-129 fee varies depending on the size of the business, but for larger businesses, it is $780. If you're short on time and expect your application to be completed within 15 days, you'll also need to pay a Premium Processing Fee of $2,805.

How to Get an H1B Visa: What Are Employee Rights?

First, you need to find an American employer who can offer you a job in your field of H1B eligibility. Then, the details of hiring you begin. You apply to the US Department of Labor and file an Application for Employment Conditions. Form I-129 is completed based on your qualifications. Your documents are then evaluated by the USCIS.

Finally, depending on whether you qualify for a quota, you may be eligible for work in the US. Because H1B applications have recently increased, a specific quota has been imposed. Therefore, applicants are selected from these quotas through a lottery.

Once your visa has been approved and you start working in the US under H1B, your rights include:

• Your employer will give you a copy of the Employment Conditions Application (LCA).
• Your employer will pay you a salary similar to that of your starting position or the local salary applicable to your position.
• Your employer must offer you all the benefits it offers to other employees.
• If you have to leave your job before the agreed date, your employer cannot charge you a penalty fee.

H1B Visa Ekşi Reviews: How is the Application Process?

H1B visa applications have recently become a preferred visa type for professionals. For some, this process can be daunting. Here are some real experiences shared on Ekşi Sözlük:

“When you go to the consulate, take with you;
– Portfolio (especially implemented projects)
– Detailed reference letters; letters explaining what you've done with people you've worked with before and how they benefited from it.
– A job description from your employer
– Tax records, if your workplace is not well-known
– If the consul requests pay slips and tax records from your previous workplace, you may be asked to prove your experience.
– Documents proving your return; bank statements, invoices
It is highly recommended that you bring these. These are absolutely essential, especially if you intend to work in a very widespread sector like the IT industry.” – jander

"I learned today that my visa has been approved. The date is August 17, 2022, tea for everyone. Just as the entry was written in shock, this new edit is accompanied by cries of joy. Tey Tey Tey 🙂 5 years of hard work has finally paid off :)" – beautiful nicknames have been taken

“My approval notice arrived 2 hours ago, I can't even imagine how happy I should be. The same goes for the other applicants and those who will apply.” – suti

If you're planning to apply for an H1B visa, you can contact us to learn more about the process. Don't forget to share any questions you may have with me in the comments section below this article, by sending me a message directly on LinkedIn, or through the website of CK Law Firm, the immigration law firm I co-founded! You can also check out our Blogs page to stay up-to-date on the latest articles and news.