H1B Visa USA: Apply from Philippines

The H1B visa allows a US employer to temporarily employ a foreign national in a specialty occupation. This means a job that typically requires at least a bachelor’s degree in a specific field, along with the specialized knowledge that comes with it.

The category is a key part of the US skilled labor system and is used extensively across information technology, engineering, finance, healthcare, and academic and research institutions.

Qualifying for an H-1 B visa is based on two elements. The job itself must meet the legal definition of a specialty occupation, and the person filling it must hold the required degree or a recognized equivalent combination of education and experience.

A US employer must also sponsor the petition, as a worker cannot file for an H-1 B visa on their own.

Page Contents

• What is an H-1B Visa in the US?
• US H1B Visa Requirements for Filipino Citizens
• How to Apply for a US H1B Visa from the Philippines?
• H1B Visa US Costs and Fees
• Specialty Occupations Under the H-1B Visa
• Employment Guidelines for H-1B Visa Holders
• Duration of Status for H-1B Visa Holders
• H-1B Visa Stamping from the Philippines
• Compliance Considerations for Sponsoring Employers
• How Can Total Law Help?
• Frequently Asked Questions

The benefits of H1B status are considerable for a qualifying applicant. Unlike most other temporary work categories, the H1B allows dual intent, meaning a worker can hold H1B status while also pursuing a Green Card, without that being held against them as evidence they do not plan to leave when their status ends.

Spouses and unmarried children under 21 can accompany the principal applicant in H-4 dependent status, and certain H-4 spouses can apply separately for work authorization.

The category has an annual cap that is consistently oversubscribed. Because of this, most new applicants first go through a lottery, and simply qualifying for the visa is not enough. They also need to be selected before they can even submit a full petition.

USCIS receives several hundred thousand electronic registrations each cap season, for a combined total of 85,000 available slots.

The cap has been reached within days of the registration window opening nearly every year since the current registration system was introduced in 2020, and the underlying pattern of demand outstripping supply goes back considerably further still.

The Philippines has historically ranked among the source countries with meaningful, though smaller, H-1 B representation compared to India and China, concentrated heavily in healthcare, engineering, and information technology roles.

Filipino nurses, in particular, have strong ties to the H-1 B program, given the size of the Filipino nursing workforce already present in the United States, though nursing roles face a more demanding path to specialty occupation classification than many other professions.

The H-1 B visa allows employers to access a global talent pool for roles they cannot fill domestically, but in exchange, they must commit to a wage and compliance framework that carries real legal risk if not followed correctly.

Applicants gain lawful entry into skilled employment in the United States and the ability to pursue a green card simultaneously, without one undermining the other.

That dual-intent feature is one of the main reasons the H-1 B remains the preferred route for professionals with long-term plans in the United States, even amid the uncertainty the annual lottery brings.

Eligibility for H1B classification depends on both the job and the person filling it. The employer has to show that the role qualifies as a specialty occupation, and must file a Labor Condition Application with the Department of Labor confirming it will pay at least the required wage for that job in that location, whichever is higher: the official prevailing wage, or what the employer actually pays similar workers.

The individual has to hold a bachelor’s degree or higher in a field directly related to the job. If that degree was earned outside the United States, it needs to be evaluated for equivalency to a US degree. Applicants without a directly matching degree can sometimes qualify instead through a combination of specialized training and relevant work experience.

The application process proceeds through the following stages for most petitions:

1. The employer files a Labor Condition Application (Form ETA-9035) with the Department of Labor, confirming the wage and working conditions offered for the role.
2. If the position is subject to the annual cap, the employer submits an electronic registration for the candidate during the designated registration window, typically in March.
3. USCIS runs the selection process. Registrants who are selected become eligible to file a full petition; those who are not selected must wait until the next cap season or seek a cap-exempt alternative.
4. The employer files Form I-129, Petition for a Nonimmigrant Worker, along with the certified Labor Condition Application and evidence showing the job qualifies as a specialty occupation and that the worker meets its requirements.
5. USCIS reviews the petition and may request additional evidence before making a decision.
6. If approved and the worker is outside the United States, the worker completes Form DS-160 and attends a visa interview at a US embassy or consulate. A worker already in the United States in another valid status may instead request a change of status.

Recent changes affect this process directly. Beginning with the FY2027 cap season, USCIS replaced the old random lottery with a wage-weighted selection system. Higher-paying job offers now get more entries in the selection pool, based on the Department of Labor’s four wage levels, with the highest wage level receiving the most entries and the best odds of selection.

A presidential proclamation issued in September 2025 introduced a supplemental fee of $100,000 for new H1B petitions filed for workers outside the United States who require consular processing. This fee does not apply to most extensions, amendments, or change-of-status petitions filed for workers already present in the United States.

A federal court found the fee unlawful in June 2026. The government sought a stay of that ruling while it pursues an appeal, but the Court of Appeals for the First Circuit denied the stay request in late July 2026, meaning the fee is not currently being enforced.

The underlying appeal is still pending, and the proclamation authorizing the fee is itself due to expire in September 2026 unless renewed, so this remains an unsettled, fast-moving area. Employers and applicants should confirm the current position directly with USCIS or immigration counsel before assuming either outcome.

Given how quickly the fee status has changed in recent months, budgeting or travel decisions based on outdated information carry real risk. Call Total Law at +1 844 312 4979 for up-to-date information on how this affects your specific petition.

The petition involves several separate government fees, and by law, most of them are the employer’s responsibility rather than the worker’s:

• H-1B registration fee: $205.00 per candidate, paid to USCIS during the March registration window, regardless of whether the candidate is selected in the lottery
• Form I-129 base filing fee: $510 for employers with 25 or fewer full-time employees and certain nonprofits, or $205.00 for larger employers
• American Competitiveness and Workforce Improvement Act (ACWIA) fee: $750 for employers with fewer than 26 full-time employees, or $1,500 for employers with 26 or more
• Fraud Prevention and Detection fee: $500.00, generally owed on initial petitions and most change-of-employer petitions
• Asylum Program fee: $300 for smaller employers, $600 for larger employers, or $0 for qualifying nonprofits
• Public Law 114-113 fee: an additional $4,000, owed by employers with 50 or more US employees, where more than half of the workforce holds H-1B or L-1 status
• Premium processing fee: $2,805, optional, reducing the standard adjudication timeline to a matter of weeks

Combined, a small employer’s government fees for a standard cap-subject petition typically total somewhere in the region of $2,000 to $2,500 before premium processing, while a larger employer’s fees typically total closer to $3,500 to $4,000, with the Public Law 114-113 fee adding a further $4,000 where it applies.

Applicants applying for a visa stamp abroad pay the Machine-Readable Visa fee of $205 to the Department of State separately, along with any applicable reciprocity fee, which varies by nationality.

Because several of these figures are reviewed periodically, confirming current amounts directly with USCIS and the Department of State before filing or budgeting for a case remains good practice.

H1B status is tied to the specific sponsoring employer and the job described in the underlying petition. A worker cannot start working for a new employer, take on a second job with a different employer, or make a major change to their duties, unless the right filing has already been approved, or, for a similar role with a new employer, has been properly filed and is still pending under the portability rules.

Under the Labor Condition Application, the employer must pay at least the required wage for the entire period of authorized employment, provide working conditions that do not adversely affect similarly employed US workers, and keep certain documents available for public inspection.

Workers must be paid the wage stated in the petition even when they are not on a full workload, are on bench status between assignments, or have been temporarily reassigned. Unpaid non-productive time caused by a lack of work assignments still requires payment under Department of Labor rules in most cases, subject to limited exceptions.

Changing employers is possible under the portability rules introduced by the American Competitiveness in the Twenty-First Century Act. A worker who is maintaining valid status can start working for a new sponsoring employer as soon as that employer files a genuine H1B petition, without waiting for it to be approved, as long as the worker previously held H1B status and has not worked without authorization since their last entry into the United States.

Secondary or concurrent employment with a second employer is possible, but it requires that employer to file its own separate H-1 B petition, since H-1 B authorization only covers the specific employer and role for which it was granted.

Employers also have ongoing compliance obligations, including maintaining a public access file documenting compliance with the Labor Condition Application, notifying the Department of Labor of any material changes affecting the position, and responding to any compliance investigation with accurate, complete records.

H1B status is initially granted for up to 3 years and can be extended for an additional period, with an overall limit of 6 years in most cases.

To extend, the employer files a new petition before the current period expires, backed by an updated or continuing Labor Condition Application and evidence that the job and its specialty occupation status have not changed.

Workers pursuing permanent residence can extend beyond the standard six-year limit under specific provisions. If the employer filed a labor certification application or an immigrant petition at least 365 days before the six-year limit is reached, the worker can extend H-1 B status in one-year increments until the immigrant petition is resolved.

A worker with an approved immigrant petition who is only waiting because a green card number is not yet available for their category and country of birth can extend instead in three-year increments. These provisions matter most for applicants born in countries facing long employment-based green card backlogs.

Exceeding the authorized period of stay carries serious consequences. Staying in the United States past the date authorized on Form I-94, even briefly, begins building unlawful presence, which can create bars to future admission depending on the duration of the overstay and can affect eligibility for a later change of status or extension.

Workers whose employment ends before their authorized period expires are not automatically out of status immediately. A grace period of up to 60 days, or until the end of the authorized stay if shorter, is typically available to find new sponsoring employment, change status, or depart the United States.