The process to obtain one of these temporary work visas is very extensive and requires a lot of documents. For starters, applicants need to find a U.S. employer who is willing to sponsor them and this task alone is a challenging one. If they do manage to find one, employers must file a Labor Condition Application (LCA) with the U.S. Department of Labor. This application certifies that the employer will pay the employee the prevailing wage for the position and that hiring a foreign worker will not negatively impact the working conditions of U.S. workers.

After the LCA is certified, the employer must file the Form I-129, a petition for a foreign beneficiary to come temporarily to the U.S. and work as a nonimmigrant worker. This petition includes various documents such as the employee’s job offer letter, educational credentials, and evidence of work experience. The United States Citizenship and Immigration Services (USCIS) will review the petition and either approve or deny it. The employee then can apply for an H-1B visa at a U.S. consulate or embassy in their country. If the employee is outside of the U.S., they will need to file a DS-160 application which will allow them to travel to the United States if their H-1B visa is approved. Lastly, they will need to attend a visa interview at the U.S. consulate or embassy. During the interview, a consular officer will ask them questions about their background, qualifications and the purpose of their trip to the United States.

Despite having to go through this extensive process, a visa cannot be guaranteed for every applicant. Each fiscal year, there are only 85,000 slots for an individual’s application to be reviewed, with 20,000 reserved for those with a graduate degree from a U.S. educational institute. Almost every fiscal year, the number of applicants during the registration window exceeds the number of available slots. Thus, the United States government conducts an H-1B visa lottery. The lottery will determine which applications will be processed, so the H-1B visa application is not on a first-come, first-serve basis. The government usually conducts lotteries in multiple stages, typically making around 40,000 more selections than the allowed 85,000.

However, it is important to note that not all 85,000 will receive a visa approval. Their applications will still have to go through extensive processing and each year’s acceptance rate depends on the number of applicants, economic policies in place and the state of the economy among others. For instance, the denial rate between the 2016 and 2020 fiscal years was around 10-24%, but for the 2021 and 2022 fiscal years, they were 4% and 2% respectively. Successful applicants are subsequently informed of their status and encouraged to submit their complete H-1B petition within 90 days after notification. Each fiscal year, the number of applications submitted increases exponentially, from 274,237 in the 2021 fiscal year to 780,884 in the 2024 fiscal year. This lowers an applicant’s chances of getting an H-1B visa despite the acceptance rates being higher. There are a lot of hurdles that come with getting an H-1B visa. Therefore, applicants are encouraged to apply 6 months before their work start date. If they have done everything right, the rest is up to their chances of being selected.