Why Is Getting an H1B Visa So Difficult?

Obtaining an H1B visa is difficult due to several reasons:

1. High Demand vs Limited Supply – The U.S. government issues 85,000 H1B visas annually (65,000 for regular and 20,000 for U.S. Master’s degree holders), but applications often exceed 300,000, so a lottery system is used.

2. Strict Eligibility Criteria – The H1B requires a specialty occupation, meaning the job must require a bachelor’s degree or higher in a relevant field, and the applicant must meet the educational and professional requirements.

3. Employer Sponsorship Required – You cannot apply for H1B on your own; a U.S. employer must sponsor you, which limits options and adds dependency on employer willingness and capability.

4. Complex Application Process – Employers must file a Labor Condition Application (LCA) with the Department of Labor, prove prevailing wages, and submit extensive documentation. Mistakes can lead to denial.

5. Lottery and Random Selection – Even qualified applicants may not get selected because of the random lottery if the number of applications exceeds the cap.

6. Visa Denials and Scrutiny – Applications are closely scrutinized for fraud, misrepresentation, or jobs that don’t truly require a specialized degree. Denials are common if documentation or job descriptions are unclear.

In short, the combination of limited visas, high demand, strict rules, employer dependence, and detailed scrutiny makes obtaining an H1B visa challenging.