Work visa for United States: documents, fees and steps

Documents requested

Employer petition approval notice (form I-797, "Notice of Action"), to carry when travelingConditions and details
The employer files form I-129, petition for a nonimmigrant worker, with USCIS; if it is approved, USCIS sends the I-797 notice. The consular officer must have received official proof of approval to classify the applicant in category H, but the approval does not by itself establish visa eligibility. The beneficiary carries the I-797 notice with their passport and visa and presents it to CBP at entry. This proof is not a visa: a nonimmigrant visa remains necessary before applying for admission, when it is required. The visa cannot be valid longer than the period indicated in the petition.
Electronic nonimmigrant visa application form DS-160, completed and electronically signedConditions and details
Any person applying for a nonimmigrant visa completes the electronic form DS-160 and signs it by checking the “Sign Application” box. This signature binds the applicant to the accuracy of his or her statements, under penalty of perjury. Submission of the form remains mandatory even when the interview is waived. Print the DS-160 confirmation page and bring it to the interview.
Valid passport, normally valid for at least six months beyond the intended stay, unless an applicable agreement provides otherwiseConditions and details
The passport must be valid to travel to the United States and, in principle, for at least six months beyond the intended stay. Country-specific agreements waive this validity extension; check whether an agreement applies to your passport. The visa, when required, and admission by CBP remain separate conditions.
Digital identity photograph, uploaded with the DS-160 formConditions and details
Upload a photo meeting Department of State requirements during the DS-160 application. If the upload fails, bring a compliant printed photo to the interview. Also follow the instructions of the consular post.
Payment of the H visa application processing fee (205 USD per person), non-refundableConditions and details
The consular fee schedule sets at 205 USD per person the processing fee for a visa application in categories H, L, O, P, Q and R, which includes the H-1B visa. This fee is neither refundable nor transferable. Issuance fees may be added depending on nationality, on a reciprocity basis.
Bachelor's degree or higher in the specialty of the position (U.S. or foreign equivalent), license to practice or equivalent training and experienceConditions and details
To practice a specialty occupation, at least one of these criteria must be met: hold a U.S. bachelor's degree or higher required by the profession, issued by an accredited university; hold an equivalent foreign degree; hold an unrestricted state license, registration or certification that authorizes full practice of the profession in the state of employment; or have training, specialized training or progressively responsible experience equivalent to a U.S. license, with recognized expertise in the specialty. The profession itself must require the theoretical and practical application of highly specialized knowledge and a bachelor's degree or higher in a directly related specialty.
Labor condition application (LCA, form ETA-9035/9035E) certified by the Department of Labor, filed by the employerConditions and details
The employer or its agent obtains certification of the LCA from the Department of Labor (DOL) before filing form I-129, to which it attaches it. It certifies in particular that it will pay the employee at least the actual wage paid to comparable workers or, if higher, the prevailing wage for the area, that it will offer working conditions that do not adversely affect comparable workers, that there is neither a strike nor a lockout at the place of employment, and that notification was given to the union or posted. The LCA is filed electronically, at most 6 months before the start of the period of employment, and DOL verifies it within 7 business days. The worker does not have to produce it themselves.

Depending on your situation

License to practice from the state of employment, if the profession requires oneConditions and details
Certain professions require a state or local license to be fully practiced. If the profession in the state of employment requires one, the beneficiary must generally have it before petition approval, not at the time of filing. Without proof, USCIS generally requests the license through a request for additional evidence.
H-1B electronic registration selection notice for the beneficiary, if the position is subject to the annual capConditions and details
If the position is subject to the annual cap of 65 000 new H-1B statuses or visas, the employer must first register the prospective employee electronically and pay the registration fee; it may file the petition only if it receives a selection notice for that beneficiary. Registrations are drawn by lottery with a weighting based generally on the offered wage level. An additional quota of 20 000 petitions concerns holders of a master's degree or higher from a U.S. university. Institutions of higher education and their affiliated nonprofit entities, nonprofit research organizations and governmental research organizations are not subject to the cap.
Fingerprint scan, at the request of the consular officerConditions and details
Provide fingerprints according to the instructions of the post and of the consular officer. Digital scans are usually taken during the interview, but the organization of the fingerprinting varies depending on the place of application.
Police certificate (criminal record extract), if the consular officer has reason to believe that a record existsConditions and details
The applicant presents a certificate from the police authorities indicating what their records contain about them when the consular officer has reasons to think that a police record or a criminal record exists. The officer may also require any other document they deem necessary to establish eligibility.

Official fees

H category visa: visa application processing fee, per person 205 USD
H-1B electronic registration, per beneficiary, paid by the employer (fiscal year 2027 cap) 215 USD

Steps

Obtain employment in the United States in a specialty occupation, which requires a degree at the bachelor's level or higher in a directly related specialty, and that the candidate is qualified to perform.
The employer obtains certification of an LCA from the Department of Labor (wage at least equal to the prevailing or actual wage, attested working conditions).
If the position is subject to the annual cap, the employer registers the prospective employee in the electronic lottery (usually in March) and pays the fees; only a selected registration allows the petition to be filed.
The employer files Form I-129 with USCIS with the certified LCA; for a position subject to the cap, the start of employment is October 1 or later, and filing is done at most 6 months before the requested start date.
After the petition is approved, the worker who is outside the United States applies for the H-1B visa at the U.S. embassy or consulate, if a visa is required: DS-160, digital photo, fees.
Schedule the interview at the U.S. embassy or consulate of the country of residence or nationality; visa application fees are non-refundable.
Appear for the interview with the requested supporting documents. Since 1 October 2025, it is generally required at any age, unless a limited waiver applies; follow the post's biometric instructions.
Travel with the passport, the visa if applicable, and the I-797 notice, then request admission from CBP in the H-1B category, whether or not a visa is required.
On arrival, CBP verifies admissibility and records the period of stay on Form I-94; if it ends before the validity of the petition, an extension or another status must be requested before the deadline.

Where to apply

Department of Labor (DOL) FLAG system: the employer files the labor condition application (LCA) there electronically
USCIS organizational account: the employer files the electronic registration for the H-1B lottery there, for a position subject to the cap
USCIS: filing of Form I-129 by the employer or its agent, online or by mail
Online application form DS-160 from the Department of State, accessible from the "Visas" pages of U.S. embassies
Consular section of the U.S. embassy or consulate with jurisdiction over the place of residence, for the interview and visa issuance
U.S. port of entry: inspection by a CBP officer, who decides on admission in the H-1B category

Good to know

Annual cap and lotteryConditions and details
H-1B status is subject to an annual cap of 65 000 new statuses or visas, plus 20 000 petitions for holders of a master's degree or higher from a U.S. university. Institutions of higher education and their affiliated nonprofit entities, nonprofit research organizations and governmental research organizations are not subject to it. For fiscal year 2027, USCIS states it received enough petitions to reach both caps; registration for fiscal year 2027 took place from 4 to 19 March 2026. For a position subject to the cap, registration generally takes place in March; the petition may be filed only for a selected beneficiary, with an employment start date of 1 October of the relevant fiscal year or later.
Duration of stay and extensionConditions and details
An H-1B worker may generally be admitted for a period of up to 3 years, extendable by an additional period of up to 3 years, for a total of 6 years. If the worker holds a controlling interest (more than 50 % of the capital or the majority of voting rights) in the company sponsoring them, approval of their initial petition and their first extension is limited to 18 months. An extension beyond the sixth year is possible in certain cases, including for the beneficiary of an approved immigrant petition or when a labor certification or an immigrant petition has been pending for at least 365 days.
100 000 USD payment: situation as of 1 October 2026Conditions and details
A presidential proclamation of 19 September 2025 provides for an additional payment of 100 000 USD for certain H-1B petitions filed from 21 September 2025 on behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa. According to USCIS, a federal court in Massachusetts struck down on 8 June 2026 the directives that implemented this requirement; on 24 July 2026, the First Circuit Court of Appeals refused to stay that decision. DHS states that it is complying with the decision while reviewing the next steps and that it intends to collect the payment if the decision is lifted. The situation may change: consult the USCIS page before filing the petition.
"9-11" fee for certain employersConditions and details
Since 9 September 2026, a "covered" employer (that employs 50 or more people in the United States, of whom more than 50 % are in H-1B, L-1A or L-1B status) must pay the "9-11 Response and Biometric Entry-Exit Fee" for any H-1B or L-1 petition, except for an amended petition that does not request an extension of current status. The filing fees for form I-129 are set out in the USCIS G-1055 fee schedule.
Visa application in the country of residence or of nationalityConditions and details
The Department of State asks to make the interview appointment at the United States embassy or consulate of the country of residence or of nationality. The application is filed with the post competent for the place of residence; a post of the place of presence may sometimes accept the application. The application fee is neither refundable nor transferable.
Social media accounts in public modeConditions and details
Persons applying for an H-1B visa, as well as spouses and children applying for an H-4 visa (and other categories, including F, M and J), are invited to set the privacy of all their social media accounts to "public" or "open", in order to facilitate the checks necessary to establish their identity and their admissibility to the United States.
Entry suspensions for 39 countriesConditions and details
Since 1 January 2026, Proclamation 10998 suspends or limits entry and visa issuance for nationals of 39 countries and holders of travel documents of the Palestinian Authority. It targets persons who were outside the United States and without a valid visa on that date. The categories concerned and the exceptions vary by country; visas valid on the effective date are not revoked under this proclamation. Affected persons may file an application and appear for an interview, with no guarantee of issuance or admission.
Petition approval is neither a visa nor admissionConditions and details
Approval of the petition by USCIS does not establish that the worker meets the visa conditions: the consular officer may suspend their decision if they believe the applicant is not entitled to the approved classification. Even with a visa, the CBP officer decides on admission upon arrival: a finding of inadmissibility may lead to removal proceedings and revocation of the visa.
Family: H-4 statusConditions and details
The worker's spouse and unmarried children under 21 may apply for admission in category H-4. Certain H-4 spouses may file an application for employment authorization (form I-765) when the H-1B worker has already begun the process of obtaining employment-based permanent resident status. The spouse or child applying for an H-4 visa is subject to the same social media recommendation.
End of employment and cost of returnConditions and details
If the employer terminates the contract before the end of the authorized stay, it is responsible for the worker's reasonable return costs; it is not responsible if the worker resigns. A worker whose employment ends may have at most 60 consecutive days, or until the end of the authorized period of stay if that is shorter, to find a new job, change status, or leave the country. A change of employer is possible as soon as the new employer files a bona fide petition, if the worker meets the portability conditions.
Canada, Bermuda and freely associated statesConditions and details
Canadian citizens generally benefit from a visa exemption; the admission formalities specific to study or work remain to be respected. For Bermuda, the Department of State indicates an exemption limited to 180 days, with exceptions: check longer stays with the consulate. Citizens of Micronesia, the Marshall Islands and Palau admitted under the Compacts may study and work without this visa, under the conditions of those agreements; nationality alone is not sufficient in all cases. Consult the official pages to prepare the appropriate route.

Nationalities covered

This procedure applies to 243 nationalities.

Afghanistan
Åland Islands
Albania
Algeria
American Samoa
Andorra
Angola
Anguilla
Antarctica
Antigua and Barbuda
Argentina
Armenia
Aruba
Australia
Austria
Azerbaijan
Bahamas
Bahrain
Bangladesh
Barbados
Belarus
Belgium
Belize
Benin
Bhutan
Bolivia
Bosnia and Herzegovina
Botswana
Bouvet Island
Brazil
British Indian Ocean Territory
British Virgin Islands
Brunei
Bulgaria
Burkina Faso
Burundi
Cambodia
Cameroon
Cape Verde
Caribbean Netherlands
Cayman Islands
Central African Republic
Chad
Chile
China
Christmas Island
Cocos (Keeling) Islands
Colombia
Comoros
Congo
Cook Islands
Costa Rica
Côte d'Ivoire
Croatia
Cuba
Curaçao
Cyprus
Czechia
Democratic Republic of the Congo
Denmark
Djibouti
Dominica
Dominican Republic
Ecuador
Egypt
El Salvador
Equatorial Guinea
Eritrea
Estonia
Eswatini
Ethiopia
Falkland Islands
Faroe Islands
Fiji
Finland
France
French Guiana
French Polynesia
French Southern Territories
Gabon
Gambia
Georgia
Germany
Ghana
Gibraltar
Greece
Greenland
Grenada
Guadeloupe
Guam
Guatemala
Guernsey
Guinea
Guinea-Bissau
Guyana
Haiti
Heard Island and McDonald Islands
Honduras
Hong Kong
Hungary
Iceland
India
Indonesia
Iran
Iraq
Ireland
Isle of Man
Israel
Italy
Jamaica
Japan
Jersey
Jordan
Kazakhstan
Kenya
Kiribati
Kuwait
Kyrgyzstan
Laos
Latvia
Lebanon
Lesotho
Liberia
Libya
Liechtenstein
Lithuania
Luxembourg
Macao
Madagascar
Malawi
Malaysia
Maldives
Mali
Malta
Martinique
Mauritania
Mauritius
Mayotte
Mexico
Moldova
Monaco
Mongolia
Montenegro
Montserrat
Morocco
Mozambique
Myanmar
Namibia
Nauru
Nepal
Netherlands
New Caledonia
New Zealand
Nicaragua
Niger
Nigeria
Niue
Norfolk Island
North Korea
North Macedonia
Northern Mariana Islands
Norway
Oman
Pakistan
Palestine
Panama
Papua New Guinea
Paraguay
Peru
Philippines
Pitcairn Islands
Poland
Portugal
Puerto Rico
Qatar
Réunion
Romania
Russia
Rwanda
Saint Barthélemy
Saint Helena
Saint Kitts and Nevis
Saint Lucia
Saint Martin
Saint Pierre and Miquelon
Saint Vincent and the Grenadines
Samoa
San Marino
São Tomé and Príncipe
Saudi Arabia
Senegal
Serbia
Seychelles
Sierra Leone
Singapore
Sint Maarten
Slovakia
Slovenia
Solomon Islands
Somalia
South Africa
South Georgia and the South Sandwich Islands
South Korea
South Sudan
Spain
Sri Lanka
Sudan
Suriname
Svalbard and Jan Mayen
Sweden
Switzerland
Syria
Taiwan
Tajikistan
Tanzania
Thailand
Timor-Leste
Togo
Tokelau
Tonga
Trinidad and Tobago
Tunisia
Türkiye
Turkmenistan
Turks and Caicos Islands
Tuvalu
U.S. Outlying Islands
U.S. Virgin Islands
Uganda
Ukraine
United Arab Emirates
United Kingdom
Uruguay
Uzbekistan
Vanuatu
Vatican City
Venezuela
Vietnam
Wallis and Futuna
Western Sahara
Yemen
Zambia
Zimbabwe

Official links

Petition for a Nonimmigrant Worker | USCIS (new tab) www.uscis.gov
Department of State — Temporary Worker Visas (new tab) travel.state.gov
Code of Federal Regulations — 22 CFR § 22.1 « Schedule of fees » (new tab) www.govinfo.gov
H-1B Specialty Occupations | USCIS (new tab) www.uscis.gov
Labor Condition Application (LCA) Specialty Occupations with the H-1B, H-1B1 and E-3 Programs | Flag.dol.gov (new tab) flag.dol.gov
H-1B Electronic Registration Process | USCIS (new tab) www.uscis.gov
Code of Federal Regulations — 22 CFR partie 41 « Visas: Documentation of Nonimmigrants » (new tab) www.govinfo.gov
Visas - U.S. Embassy & Consulate in Morocco - Use our new U.S. Visa Wizard! (new tab) ma.usembassy.gov
Department of State — Suspension of Visa Issuance (new tab) travel.state.gov
Department of State — Citizens of Canada and Bermuda (new tab) travel.state.gov
USCIS — Citizens of Micronesia and the Marshall Islands (new tab) www.uscis.gov
USCIS — Citizens of Palau (new tab) www.uscis.gov
Department of State — Interview Waiver Update (new tab) travel.state.gov
Admission into United States | U.S. Customs and Border Protection (new tab) www.cbp.gov

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