H-1B Visa Basics: What Employers and Employees Need to Know

The H-1B visa is the most widely used work visa for skilled foreign professionals in the United States. For employers in Texas seeking to hire highly qualified foreign national workers — and for professionals hoping to build their careers in the U.S. — understanding how the H-1B program works is essential. The process is cap-driven, deadline-sensitive, and requires precise compliance with both USCIS regulations and Department of Labor wage requirements.

Attorney Olsa Alikaj-Cano at Cano Immigration, PLLC assists employers and employees with H-1B petitions, transfers, and extensions throughout Texas. Her business immigration practice covers the full range of non-immigrant visa options for clients who need alternatives when the H-1B cap is reached.

What Is the H-1B Visa?

The H-1B visa authorizes U.S. employers to temporarily employ foreign workers in specialty occupations — positions that typically require at least a bachelor’s degree in a specific field. Common occupations include software engineering, data science, financial analysis, architecture, medicine, and accounting. The statutory annual cap is 65,000, plus 20,000 additional for U.S. master’s degree holders. Demand far exceeds supply in most years, triggering a random lottery.

The H-1B Registration and Petition Process

• Step 1 — Electronic Registration (March): Employers submit electronic registrations for each prospective H-1B worker during the annual USCIS window
• Step 2 — Lottery Selection: USCIS conducts a random lottery. Selected registrations are notified and invited to file complete petitions.
• Step 3 — Full Petition Filing (Form I-129): Selected employers file complete petitions with a certified Labor Condition Application from the Department of Labor
• Step 4 — Approval and Start Date: Approved H-1B workers may begin employment on October 1 of the new fiscal year

H-1B Transfers, Extensions, and Dual Intent

H-1B workers changing employers can transfer status through H-1B portability — they may begin working for the new employer as soon as the transfer petition is properly filed. H-1B status is granted for three years initially, with a standard maximum of six years, and can be extended for those with approved National Interest Waivers or pending employment-based green card petitions. The H-1B is a dual-intent visa — pursuing lawful permanent residence while maintaining H-1B status is entirely permitted and strategically advisable.

Frequently Asked Questions

H-1B Help From Cano Immigration in Houston

The H-1B process requires careful planning, perfect timing, and precise documentation. Cano Immigration, PLLC assists employers and workers throughout Texas with every aspect of the H-1B program. Call (713) 974-8944 or visit the contact page.

About Cano Immigration, PLLC

Cano Immigration, PLLC is a full-service immigration law firm in Houston, Texas providing comprehensive business and employment immigration services alongside deportation defense and family immigration throughout Texas.