H-1B Specialty Occupation Nonimmigrant Visa

The H-1B Specialty Occupation Nonimmigrant Visa Classification is for foreign workers with the equivalent of a U.S. Bachelor's degree or higher to temporarily live and work in the U.S. in a specialty occupation as a professional. An H-1B requires an offer of employment in the U.S. in a specialty occupation within the foreign worker's degree field.

Overview

H-1B cases depend on the offered role, the worker’s qualifications, the employer’s wage obligations, and whether the petition is subject to the annual cap.

Additional H-1B Information

Equivalency: Experience or a combination of experience and education can be used to satisfy the Bachelor's Degree equivalency requirement.
Prevailing Wage: U.S. employers are required to pay 100% of the "Prevailing Wage", as determined by the U.S. Department of Labor to prevent undercutting wages of U.S. citizens.
Cap & Availability: 65,000 regular-cap H-1B visas are available per fiscal year for new employment, plus 20,000 reserved for holders of U.S. master's degrees or higher (the advanced-degree exemption), for a total of 85,000 selections per year.

Existing H-1B Workers are Not Subject to the Annual Cap and may file H-1B Petitions to Extend Status or Change Employers.

Lottery: U.S. Citizenship & Immigration Services (USCIS) has enacted a Visa Lottery System for H-1B Visa applicants in recent years. The reason is that USCIS has received and is expected to continue to receive more H-1B Petitions per fiscal year than the Cap of 65,000 per fiscal year. USCIS has received over 470,000 H-1B registrations per year in recent fiscal cycles. Unless U.S. Congress passes a law to increase the H-1B Cap, the lottery, or random selection process, will most likely be used every year for the foreseeable future.
Visa & Status Validity: H-1B petition approval and visa issuance is for a maximum of 3 years per application and admission in H-1B status is for a maximum of 6 years.
Spouses & Children: Spouses and children (under age 21) of H-1B Professionals are entitled to obtain dependent H-4 visas and status. H-4 spouses may be eligible to apply for an "Employment Authorization Document (EAD)" under certain circumstances.
Green Card: The H-1B classification can lead to Lawful Permanent Residence (Green Card) if the U.S. employer offers permanent sponsorship.

Cap Cases vs. Non-Cap Cases

New H-1B employment often depends on the annual cap and registration process, while many extensions, amendments, and employer changes are handled outside that cap.

Specialty Occupation Analysis

Approval depends on whether the role genuinely requires specialized knowledge and whether the worker’s education and background fit the position.

Employer Compliance

Labor Condition Application requirements, wage rules, and public access file obligations all matter on the employer side of an H-1B case.

Long-Term Planning

For many professionals, H-1B strategy is closely tied to future green card planning, timing, and employer sponsorship decisions.

Immigration Law Assistance

When Legal Guidance Helps

Guidance can be especially valuable when documenting specialty occupation requirements, degree equivalency, cap strategy, Requests for Evidence, and green card planning.

H-1B Specialty Occupation Visa