US Work Visa (H-1B)
Petition-based work category. MRV fee applies at the visa stage.
About visa
The US H-1B work visa is intended for foreign professionals who wish to temporarily work in the United States in specialized fields. This is a non-immigrant visa category that requires employer sponsorship and is intended for occupations that require the application of theoretical and practical knowledge in highly specialized fields, such as IT, engineering, medicine, science, education, and others.
To obtain an H-1B visa, an applicant must have a bachelor's degree or its equivalent, or a license in a specialized profession, or work experience equivalent to a bachelor's degree. The main feature of this visa is that it requires a petition (Form I-129) to be filed with the U.S. Citizenship and Immigration Services (USCIS) by an employer in the United States. Without approval of the petition, a Georgian applicant will not be able to apply for an H-1B visa.
The H-1B visa is initially issued for a period of up to 3 years and can be extended for a maximum of 6 years. In some cases, for example, if the employer has initiated the green card process, the visa can be extended for more than 6 years. This visa is considered a “dual intent” visa, meaning that the applicant can have both temporary work and the intention to obtain permanent residency in the future, which distinguishes it from many other non-immigrant visas, such as the US tourist visa .
The application process is quite complex and involves several steps, including the employer’s submission of a Labor Condition Application (LCA) and the approval of the petition by USCIS. Once approved, Georgian applicants can apply to the U.S. Embassy in Tbilisi to obtain a visa stamp. The H-1B visa quota (cap) is limited each year, making the application process even more competitive. 85,000 H-1B visas are issued each year, including 20,000 for individuals with a master’s degree or higher from a U.S. university. Because of this, applications are often considered on a lottery basis.
Obtaining an H-1B visa is significantly different from work visas in other countries. For example, unlike Canadian or Australian work visas, which often require a points system or provincial nomination, the H-1B is entirely employer-sponsored. Compared to Japanese work visas, the H-1B has stricter qualification requirements for specialized occupations. If your goal is an exchange program, you should consider a US exchange visa (J-1) , while if you want to reunite with family or get married, the relevant categories are the US fiancé/spouse visa (K-1/K-3) or the US immigrant visa (IV) . GetVisa.ge offers full support in navigating the complex H-1B visa process, from preparing the documentation to preparing for the interview.
Required Documents
📄Basic Documents
🛡️Civil and Security Documents
🏥Medical and Technical Requirements
📋Other Documents
Application Process
Submission of LCA by the employer
The U.S. employer must file a Labor Conditions Application (LCA, Form ETA-9035) with the U.S. Department of Labor. This document certifies that the employer will pay the H-1B worker the prevailing wage and provide working conditions that do not adversely affect U.S. workers.
Filing an H-1B Petition (Form I-129)
Once the LCA is approved, the employer files an H-1B petition (Form I-129, Petition for a Nonimmigrant Worker) with U.S. Citizenship and Immigration Services (USCIS). This petition includes details about the job offer, the applicant's qualifications, and the company. If the H-1B visa quota is in effect, the petition must be filed within the lottery deadline.
Petition approval by USCIS
USCIS reviews the petition and, if it meets all requirements, issues a Notice of Action (Form I-797). After completing this stage, the Georgian applicant is now eligible to apply for a visa at the U.S. Embassy.
Filling out the DS-160 form
After receiving an approved petition, the applicant must complete the Nonimmigrant Visa Electronic Application Form DS-160 online. This form requires detailed information about your personal information, education, work experience, and purpose of visit to the United States.
Visa fee payment
Complete the DS-160 form and pay the mandatory, non-refundable visa application fee (MRV Fee). In Georgia, payment methods are listed on the official website of the U.S. Embassy.
Schedule an interview at the US Embassy
After paying the fee, schedule an interview at the U.S. Embassy in Tbilisi. Interview dates depend on the embassy's workload, so advance reservations are recommended.
Attending an interview and providing biometric data
Report to the U.S. Embassy at the appointed time with all required documentation. During the interview, you will be asked questions about your job offer, qualifications, and purpose of your stay in the U.S. Your biometric data will also be collected.
Visa processing and passport return
After the interview, if the visa officer approves your application, your passport will remain at the embassy for the visa stamp to be placed. Once processed, your passport will be returned to you in the manner specified. Processing times may vary, but are typically several weeks.
Important Tips & Advice
Processing Fees
Visa Application Fee (MRV Fee)
This is a mandatory, non-refundable fee that must be paid by the applicant before submitting Form DS-160. This fee does not include any petition fees paid by the employer to USCIS.
Frequently Asked Questions
What is the annual H-1B visa quota?
The annual quota for the US H-1B work visa is 85,000 visas. Of these, 20,000 are reserved for individuals with a master's degree or higher from a US university. Because of this limitation, applications are often processed through a lottery.
Can I bring family members to the US with an H-1B visa?
Yes, H-1B visa holders can bring their spouses and unmarried children under the age of 21 to the U.S. on H-4 dependent visas. Some H-4 visa holders, if they meet certain conditions, can also obtain work authorization in the U.S.
What is the maximum term for an H-1B visa?
The H-1B visa is initially issued for a period of up to 3 years and can be extended for a maximum of 6 years. However, if the employer has initiated the green card process, the visa can be extended for more than 6 years while the immigration application is being processed.
What is the difference between the H-1B visa and other work visas?
The H-1B visa is for specialized occupations and requires employer sponsorship, and is subject to an annual quota. Other work visas, such as the L-1 visa, are for internal transfers within an international company, and the O-1 visa is for individuals with exceptional abilities. The H-1B has “dual intent” status, which allows the applicant to have immigration intent as well.
Can I apply for an H-1B visa without an employer?
No, the H-1B visa requires sponsorship from an employer in the United States. The employer must file a petition (Form I-129) with the U.S. Citizenship and Immigration Services (USCIS) on your behalf. Without approval of this petition, you cannot apply for an H-1B visa.
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