U.S. Process Overview: H-1B Visa – Consular – Cap Exempt

January 22, 2021

Last Updated on February 26, 2023

Eligibility: The H-1B Visa allows companies to employ professional workers in a “specialty occupation.” A specialty occupation requires the application of highly specialized knowledge and the requirement of at least a bachelor’s degree or its equivalent. The available position must require a U.S. Bachelor’s degree or foreign equivalent in a specific field of study. The applicant must possess a U.S. Bachelor’s degree or foreign equivalent that is related to the position. Cap exempt applicants are not subject to the H-1B lottery and Cap. 

Dependents: Eligible dependents may qualify for a dependent H-4 Visa. Please notify Corporate Immigration Partners (CIP) of any dependents. 

Processing Time

Preparation: 2-3 weeks
Government Processing: 2-3 weeks Premium Processing), 5-6 months (Standard Processing) Total Processing: 4-6 weeks Premium Processing), 6-7 months (Standard Processing)

Important Reminders

H-1B Visas are granted in increments of up to three years for a total of six years. H-1Bs may be extended beyond six years if the H-1B visa holder has an approved I-140 petition or a PERM application pending for one year or longer.


The H-1B Visa is tied to a specific worksite and position. Please contact the CIP Immigration Team if there are any changes in job location, title and salary, as an H-1B amendment may be required.