You didn’t spend years studying and gaining experience just to get stuck in visa limbo, right? Yet, that’s exactly where many skilled professionals like you find themselves when trying to work in the U.S. The H-1B visa process feels like a “better-luck-next-time” process—filled with strict requirements, endless paperwork, and a lottery system that makes securing a spot unpredictable.
For you, the biggest challenge isn’t your qualifications—it’s finding an employer willing to sponsor you. Without company support, it is difficult to navigate the H-1B process.
That’s where Delta Air Lines comes in. As a top H-1B visa sponsor, Delta actively hires foreign talent, offering professionals like you a direct path to working in the U.S. But how does the process work? And what do you need to know before applying? Let’s break it all down step by step.
Navigate Your Immigration Journey with Confidence
What is an H-1B Visa?
The H-1B visa is a nonimmigrant work visa that allows U.S. employers to hire foreign professionals for specialty occupations. These roles require highly specialized knowledge and at least a bachelor’s degree (or its equivalent) in a relevant field.
For many skilled workers, securing an H-1B visa is the first step toward a long-term career in the U.S. However, the process can be competitive due to the annual visa cap and the lottery-based selection system.
Who is Eligible for an H-1B Visa?
To qualify, you must meet both occupational and educational requirements:
1. Specialty Occupations
The job position must meet at least one of these criteria:
- Requires a U.S. bachelor’s degree (or equivalent) in a directly related field.
- Similar roles in the industry require this degree as a standard qualification.
- The employer typically requires this degree for the role.
- The job duties are so complex that they require specialized knowledge equivalent to a degree.
2. Applicant Requirements
You must meet one of these qualifications:
- Hold a U.S. bachelor’s or higher degree in the required field.
- Hold a foreign degree equivalent to a U.S. bachelor’s or higher degree.
- Have a valid state license or certification to practice in the intended field.
- Have relevant education, training, or experience equivalent to a degree.
Additionally, your employer must submit a Labor Condition Application (LCA) to the Department of Labor (DOL) to ensure fair wages and working conditions.
Portability of the H-1B Visa
If you already have an H-1B visa, you may switch employers without waiting for approval for a new petition. This provision helps workers transition smoothly between jobs while maintaining legal status.
Want expert guidance for your H-1B application? Contact the Law Offices of Sweta Khandelwal today to discuss your options!
Delta Air Lines’ Participation in the H-1B Visa Program
- Trends & Insights
Delta Air Lines, one of the largest carriers in the U.S., actively participates in the H-1B visa program to hire foreign talent for specialized roles. While the company is not among the top H-1B sponsors, its filings indicate a steady demand for skilled professionals in key areas like technology, data analytics, and engineering. Top Sponsors include Amazon, Google, and Microsoft.
In 2024, Delta filed 17 H-1B visa applications, all of which were certified with zero denials. Additionally, 86 positions were certified, reflecting a growing need for highly skilled workers. Compared to 2023, where the company filed eight applications (with two denials and 81 certifications), Delta’s filings in 2024 show an upward trend.
In 2022, the airline filed 16 applications, all of which were approved. However, a separate case in 2022 involved a single application that received zero approvals.
These numbers suggest that Delta’s involvement in the H-1B visa program fluctuates but remains an essential part of its recruitment strategy for specialized roles.
Roles & Job Locations for H-1B Employees
While the data does not explicitly list job titles, Delta Air Lines likely sponsors H-1B candidates for roles in:
- Software Development & Engineering – managing aviation technology and digital infrastructure.
- Data Analytics & Science – optimizing flight operations, revenue management, and logistics.
- Aerospace & Mechanical Engineering – supporting aircraft design, maintenance, and safety improvements.
- Finance & Business Strategy – improving operational efficiency and market forecasting.
Most of Delta’s H-1B employees are hired at its headquarters in Atlanta, GA (ZIP: 30354). Some positions have also been certified in Chicago, IL (ZIP: 60606).
Delta Air Lines’ participation in the H-1B visa program is a testament to its focus on hiring specialized talent in technology and operations. While its filings are fewer compared to tech giants, its steady involvement reflects the airline’s reliance on highly skilled foreign professionals to enhance efficiency, innovation, and global competitiveness.
Also Read: Understanding Basic H-1B Visa Salary Requirements
The H-1B Visa Application Process: Step-by-Step Guide
The H-1B visa program allows U.S. employers to hire foreign workers in specialty occupations that require specialized knowledge. The process involves multiple steps, including obtaining a Labor Condition Application (LCA), filing Form I-129, and applying for a visa if the worker is outside the U.S.
Step 1: Employer/Agent Submits LCA to the Department of Labor (DOL)
For specialty occupations and fashion models, the employer or agent must first file a Labor Condition Application (LCA) with the Department of Labor (DOL). The LCA certifies that the employer will:
- Pay the H-1B worker at least the prevailing wage for the occupation and location.
- Ensure working conditions do not adversely affect U.S. workers.
- Provide notice of the LCA filing to either the bargaining representative or post it at the workplace.
- Confirm there is no strike or lockout at the worksite when filing the LCA.
Important Note: Employers violating LCA terms may face fines, debarment from hiring foreign workers, and other penalties.
Step 2: Employer/Agent Files Form I-129 with USCIS
Once the LCA is certified, the employer files Form I-129 (Petition for a Nonimmigrant Worker) with the U.S. Citizenship and Immigration Services (USCIS). This petition must include the following:
- Certified LCA from the DOL.
- Supporting documents proving the worker qualifies for an H-1B visa.
- Required filing fees (varies based on company size and exemptions).
Employers must file Form I-129 at the correct USCIS location or online (refer to the I-129 Direct Filing Chart).
Step 3: The Worker Applies for a Visa and Admission to the U.S.
Once USCIS approves Form I-129, the foreign worker outside the U.S. must:
- Apply for an H-1B visa in the U.S. Embassy or Consulate in their home country (if required).
- Schedule an interview with the U.S. Department of State (DOS).
- Submit the necessary documents, including Form I-797 (H-1B approval notice).
After receiving the visa, the worker must then apply for admission to the U.S. through U.S. Customs and Border Protection (CBP). Upon approval, they can start working under H-1B status.
H-1B Visa Fees
- Basic Filing Fee: $460
- ACWIA Training Fee: $750 (for companies with ≤25 employees) / $1,500 (for companies with >25 employees)
- Fraud Prevention Fee: $500
- Premium Processing Fee (Optional): $2,805
The H-1B visa process involves multiple agencies, including the DOL, USCIS, DOS, and CBP. Employers must carefully follow each step to avoid delays or denials. Since the H-1B cap is highly competitive, early preparation is crucial.
If you are feeling less confident about filing an H-1B visa, let The Law offices of Sweta Khandelwal handle your visa application step.
Challenges and Considerations in the H-1B Visa Process
While the H-1B visa program provides opportunities for foreign professionals, it also comes with several challenges and policy considerations that applicants and employers must navigate.
1. H-1B Lottery System & Limited Cap
One of the biggest hurdles in securing an H-1B visa is the annual cap:
- Regular Cap: 65,000 visas per fiscal year.
- Master’s Cap (Advanced Degree Exemption): Additional 20,000 visas for applicants with a U.S. master’s degree or higher.
Since demand far exceeds availability, USCIS conducts a random lottery to select petitions. Many qualified applicants do not get selected, making the process highly uncertain.
Consideration: Some employers explore alternative visa options, such as O-1, L-1, or TN visas, for workers who do not make it through the lottery. You can check out the following blog for more information: Applying for an O1 Visa: Necessary Documents and Process.
2. Complex and Costly Application Process
- Employers must comply with strict filing requirements, including submitting a Labor Condition Application (LCA) and Form I-129.
- The process involves multiple fees, which can be costly for smaller employers.
- Mistakes in documentation or incorrect filing can lead to delays or denials.
Consideration: Working with experienced immigration attorneys like Sweta Khandelwal can help reduce errors and ensure compliance with regulations.
3. Increased USCIS Scrutiny & RFEs
- Requests for Evidence (RFEs) have become more common, especially for roles related to IT and consulting.
- USCIS often questions whether the job qualifies as a specialty occupation and if the applicant holds the necessary qualifications.
- Some RFEs request additional proof that the employer-employee relationship is legitimate, especially for third-party placements.
Consideration: Employers must provide detailed job descriptions, supporting documentation, and contracts to prove the position meets H-1B eligibility criteria.
4. Changing H-1B Policies & Compliance Risks
- Prevailing Wage Increases: Employers must ensure they are paying H-1B workers the required wage based on location and occupation.
- Worksite Compliance: Employers must notify USCIS and file an updated LCA if an H-1B worker relocates.
- Site Visits & Audits: USCIS conducts random site visits to confirm that H-1B employees are working as per their petitions.
Consideration: Employers should maintain proper records and be ready for USCIS audits to avoid penalties.
5. H-1B Denials & Alternatives
- Even if selected in the lottery, USCIS may still deny an H-1B petition due to eligibility concerns.
- If denied, applicants may explore:
- STEM OPT Extension (for F-1 visa holders in science, technology, engineering, and math fields).
- L-1 Visa (for employees of multinational companies).
- O-1 Visa (for individuals with extraordinary ability).
Consideration: Employers should assess all available visa options to ensure work authorization continuity.
Also Read: Options to Consider If Not Selected in the H-1B Visa Lottery
Navigate Your Immigration Journey with Confidence
Conclusion
The H-1B visa process involves multiple steps, strict documentation requirements, and evolving immigration policies that can make it challenging for employers and applicants alike. Even minor errors in filing or missing deadlines can lead to unnecessary delays or denials.
To improve your chances of success, it’s crucial to have expert legal guidance throughout the process. The Law Offices of Sweta Khandelwal can assist you with everything from preparing your petition to ensuring compliance with immigration laws and addressing any unexpected issues that may arise. If you’re unsure about your eligibility or need help gathering the necessary documents, Sweta Khandelwal and her team offer personalized support to help you move forward confidently.
Whether you are an employer looking to hire foreign talent or an applicant pursuing career opportunities in the U.S., having the right legal support can make all the difference. Contact the Law Offices of Sweta Khandelwal today to get professional guidance tailored to your situation.
Disclaimer
Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.
