The H-1B visa is a nonimmigrant visa category that allows employers to grant temporary employment to foreign nationals whom they need to fill certain jobs. The H-1B visa grants a formidable opportunity to healthcare professionals, scientists, engineers, educators, and other specialty professionals to expand the horizons of their careers in the United States. As the H-1B is an attractive employment and immigration option for workers, many are wondering how to get H-1B visas in California.
While navigating the application process for an H-1B visa can be somewhat overwhelming, and legislation impacting visa requirements has been subject to change, there are general steps and requirements that are common to each case. By working with an experienced H1-B visa lawyer and staying updated about the requirements and processes for obtaining an H-1B visa, foreign talent can optimize their chances of acceptance, embarking on a new journey in their career.
The One Big Beautiful Bill Act and How It Impacts Healthcare and Nutrition Assistance for Immigrants
On July 4, 2025, President Trump signed the “One Big Beautiful Bill Act” (OBBBA) into law, making unfair and highly exclusionary changes to immigration policies in America.
The law removes access to Medicaid, Medicare, SNAP food assistance, and Affordable Care Act premium subsidies from most lawfully present immigrants, including:
- Refugees
- Asylum seekers
- Survivors of trafficking or domestic violence
- People with Temporary Protected Status and visas.
Only lawful permanent residents, certain Cuban and Haitian nationals, and citizens of Palau, Micronesia, and the Marshall Islands remain eligible for these programs.
The law also eliminates ACA premium tax credits for many low-income immigrants, with some changes taking effect immediately, such as SNAP and Medicare restrictions, while others, like Medicaid cuts, will begin in October 2026.
Taxes and Increased Fees for Immigrants
OBBBA also imposes steep, often non-waivable fees on immigration applications, including a:
- $100 asylum application fee plus $100 annually while the case is pending
- $250 for Special Immigrant Juvenile Status
- $5,000 for unauthorized border crossings
- $550 for initial asylum-related work permits
- $1,000 for humanitarian parole
- $500 for Temporary Protected Status
- $250 for most non-immigrant visas
On the tax side, the law denies the Child Tax credit to an estimated 2.6 million children with immigrant parents lacking a Social Security Number valid for work, even if the children are U.S. citizens.
It also limits eligibility for several tax deductions and credits to taxpayers with work-authorized Social Security Numbers. This includes:
- Deductions for tips
- Overtime pay
- Student loan forgiveness
California H-1B Visa Requirements
In order to qualify for an H-1B Specialty Occupations visa to work in California or somewhere else in the United States, the applicant will need to apply for a job that has the need for a practical and theoretical application of highly specialized knowledge. They must also have a bachelor’s degree or a higher degree in the specific field they will be working in.
There are further requirements that need to be met, such as having an unrestricted state license and registration or certification that allows them to immediately practice the necessary activities associated with the specialty occupation.
The other two categories of H-1B visas, which are H-1B2, DOD Researcher and Development Project Worker, and H-1B3, Fashion Model, have different, specific qualifications. A dedicated immigration lawyer can help you understand how to meet the requirements for any type of H-1B visa.
The H-1B Visa Application Process
Indian people are the largest recipients of H-1B visas, which are capped at 65,000 annually, with an additional 20,000 available to graduates from U.S. universities.
The H-1B visa application process is complex and varies slightly depending on the type of H-1B visa the applicant is applying for. In order to initiate the application process, the employer who wishes to employ the foreign talent must get a certified Labor Condition Application, or LCA, from the US Department of Labor, or DOL.
Acquiring the approved Labor Condition Application is a long process that involves several steps, including getting the minimum wage approved for the job listing, listing and marketing the job first to the job market in the United States, and demonstrating that the hiring of the foreign worker will not poorly affect other workers who are similarly employed.
The LCA can take a significant amount of time to acquire, so it’s important to work with an experienced immigration lawyer who can help you make sure you meet all of the requirements ahead of time and complete the application process correctly. After the LCA is acquired, the employer or agent should file a Form I-129, Petition for a Nonimmigrant Worker. If the worker is being hired by two organizations, they will each need to file their own separate I-129.
After this is approved, the prospective worker can apply for a nonimmigrant visa from their country of origin with the Department of State at their nearest US Embassy or Consulate. Upon entering the United States, they will need to apply to U.S. Customs and Border Protection for admission into the country to work. Employees who are working in the US on an H-1B visa can extend their work by filing an I-129.
Detention in 2025
The new law caps immigration judges at 800 nationwide, limiting the ability to reduce court backlogs. As of 2025, there were 56,945 immigrants detained in the United States.
OBBBA allocates $45 billion for immigration detention through 2029, quadrupling the Immigration and Customs Enforcement detention budget and allowing indefinite detention of children and families. It also:
- Gives $32 billion for enforcement and deportation operations, including expedited removals without court hearings
- Expands the 287(g) program, which empowers local police to act as federal immigration agents
- Enforces the ‘Remain in Mexico’ policy. This policy forces asylum seekers to wait in unsafe conditions.
- Gives $75 billion to border militarization
- Gives $47 billion for border wall construction
- Gives $7 billion for Customs and Border Protection personnel and vehicles
- Gives $5 billion for facilities and checkpoints along the wall
- Gives $6.2 billion for surveillance technology along the wall
Recent News From the Trump Administration
The Trump administration announced plans in August 2025 to change the H-1B visa program and the Green Card process, claiming that they want to prioritize American workers over foreign labor.
U.S. Secretary of Commerce Howard Lutnick called the current system a “scam” that lets foreign workers take U.S. jobs. He emphasized that businesses should focus on hiring Americans. This mindset is a tired rhetoric from xenophobic and racist Americans, and these outdated beliefs will impact the lives of countless immigrants.
FAQs
Q: How Long Does It Take to Get an H-1B Visa in California?
A: The amount of time it takes to get an H-1B visa in California is dependent on a variety of factors, including whether there are any errors in the Labor Condition Application to the Department of Labor, the type of H-1B visa that is being applied for, the nature of the occupation, and the associated evidence for the application. It’s important to hire an immigration lawyer in California to help you optimize your application process.
Q: Who Is Eligible for a H-1B Sponsor?
A: The H-1B visa is a nonimmigrant visa that specialty workers, workers for certain projects for the Department of Defense, and distinguished fashion models may be eligible for.
To be eligible for an H-1B, the applicant will need to demonstrate that they are qualified and have education in the highly specific body of work of which they will be exercising practical use during their application. To have a clear understanding of your eligibility for a H-1B visa, it is encouraged to work with an experienced immigration lawyer.
Q: What Is the Easiest Way to Get an H-1B Visa?
A: While there is no one easiest way to acquire an H-1B visa to work in a specialty job in the United States, you could attempt to do so by finding an employer who is offering a job for which you qualify and who already has a Labor Condition Application certified by the Department of Labor. From there, you will have to wait for their petition for labor to be approved and then apply through your local embassy or consulate for a nonimmigrant visa to travel to the US.
Q: How Much Does an H-1B Visa Lawyer Cost in California?
A: The cost of an H-1B lawyer depends on a variety of factors, including the number of visas that the agent or employer is looking to sponsor, the nature of the employment, whether a Labor Condition Application has already been approved, the location of the firm, and the prestige and experience of the lawyer. H-1B visa lawyers may charge an hourly rate or a lump sum fee to take on an entire case.
Hire an Immigration Lawyer Today
Through the H-1B visa, employers can enjoy diverse and highly specialized talent in their workplace, making their company more innovative and competitive globally.
Conversely, beneficiaries can enjoy the salary and benefits associated with working in the United States, as well as gain important and meaningful vocational experience abroad. Whether you are an employer looking to hire foreign talent or a prospective H-1B worker, an H-1B visa lawyer from U.S. Law Center is here to help you navigate the process. Contact us today.
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