I work in the IT sector and have a bachelor degree in Computer Science. How many years of work experience would be necessary in order to be considered by an american company for a H1B visa?

I read that work experience is not strictly necessary (for instance here) but all job offers offering a visa say 3+ years experience.

Also is it correct that I am not allowed to pay the visa by myself, the company interested in hiring me has to do it applying for the lottery? (Example here)


1 Answer 1


H-1B requirements include the requirement that the worker has "theoretical and practical knowledge of a specialty occupation" generally requiring a post-secondary degree.

So you're correct that it's not explicitly required, but many employers will want to have experienced employees who can immediately be useful.

Employers, if they have more than a certain number of H-1B employees or have otherwise run afoul of regulations, have to attest as part of the Labor Condition Application (a requirement of the H-1B petition) that they are not displacing US workers and have attempted to hire a US worker.

You are not allowed to pay for an H-1B visa and a company cannot charge you for it. A company also applies for the visa, using information that you provide. The lottery only occurs if more petitions are received in the first 5 days of the H-1B petition process. However, the lottery has occurred for years, and that's not likely to change in the future.

  • Your 1st paragraph is more applicable to the EB visa (employment sponsored permanent residence) than it is to H-1B. The hurdles for an H-1B are quite a bit lower as it's a limited-term visa.
    – brhans
    Nov 21, 2016 at 19:43
  • Ah, yes, I looked up the LCA requirements. The non-displacement of U.S. workers and the recruitment of US workers only apply if the employer has too many H-1B workers or was guilty of having too many in the past few years. I'll edit my answer.
    – mkennedy
    Nov 21, 2016 at 20:26
  • Ok thanks. Is it correct that the next H1B lottery occurs on the 1st April 2017 and allows the winner to work starting from October 2017? Thanks
    – Gabe
    Nov 22, 2016 at 13:31
  • That's correct. Companies can start submitting petitions on 1 April, but the government usually stops accepting them within a week.
    – mkennedy
    Nov 22, 2016 at 17:53

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