H-1B Visa: Specialty Occupation Workers

Bringing Global Talent to the United States

The H-1B visa is one of the most widely used nonimmigrant work visas for professionals in specialty occupations — fields that require highly specialized knowledge and at least a bachelor’s degree (or equivalent).

Whether you’re an employer seeking to hire the best global talent or a skilled professional hoping to advance your career in the U.S., the H-1B visa provides a vital bridge to work legally and grow professionally in America’s competitive economy.

✅ What Is the H-1B Visa?

The H-1B is a temporary, employment-based, nonimmigrant visa for foreign workers hired in jobs that require:
✅ Theoretical or technical expertise in specialized fields, such as IT, engineering, medicine, science, architecture, accounting, or education.
✅ At minimum, a U.S. bachelor’s degree or its equivalent in a related field.

U.S. employers use the H-1B program to fill critical roles with qualified foreign professionals when there is a shortage of available U.S. workers for the position.

✅ Who Qualifies for an H-1B Visa?

To qualify for an H-1B, BOTH the employer and the foreign worker must meet specific requirements:

For the Employer:
✅ Must offer a specialty occupation position that requires at least a bachelor’s degree in a specific field.
✅ Must pay the required prevailing wage for the position.
✅ Must submit a Labor Condition Application (LCA) certified by the U.S. Department of Labor.

For the Employee:
✅ Must hold a bachelor’s degree or higher in a field directly related to the position.
✅ May use foreign equivalent degrees, education plus work experience, or professional licenses to qualify.
✅ Must be offered a bona fide job with a U.S. sponsoring employer.

✅ H-1B Cap and Lottery

Most new H-1B petitions are subject to the annual H-1B cap, which is currently 65,000 visas per fiscal year, plus an additional 20,000 for applicants with a U.S. master’s degree or higher (Master’s Cap).

Because the number of applications typically exceeds the cap, USCIS runs a lottery each year to randomly select eligible registrations. Employers must register online during the designated window and, if selected, may file the full H-1B petition.

✅ Key Features of the H-1B Visa

✅ Initial Validity: Up to three years, extendable to a maximum of six years in most cases. Certain green card applicants can extend beyond six years under AC21 provisions.

✅ Dual Intent: H-1B status allows dual intent — you can pursue a green card while on an H-1B without jeopardizing your nonimmigrant status.

✅ Portability: Eligible workers can change employers with a new H-1B petition without leaving the U.S.

✅ Dependents: Spouses and unmarried children under 21 can accompany you under H-4 dependent status; certain H-4 spouses may apply for work authorization.

✅ The H-1B Process — How It Works

📌 Step 1 — Employer Registration:
Employer creates an online account and submits a registration for each foreign worker during the annual H-1B registration period (usually March).

📌 Step 2 — H-1B Lottery:
USCIS randomly selects registrations to file a full petition under the cap.

📌 Step 3 — LCA & Petition:
Employer files a certified Labor Condition Application (LCA) with the Department of Labor, then files Form I-129, Petition for a Nonimmigrant Worker, with USCIS.

📌 Step 4 — USCIS Decision:
USCIS reviews the petition. If approved, the worker may begin employment on the start date or, if outside the U.S., apply for an H-1B visa at a U.S. consulate.

📌 Step 5 — Start Work:
Upon approval, the employee can work for the sponsoring employer in the approved specialty occupation.

✅ Why Work with USCIS Expert

The H-1B process can be highly competitive and complex, with tight deadlines, strict compliance rules, and evolving immigration policies. At USCIS Expert, we help:

✅ Assess whether your job qualifies as a specialty occupation.
✅ Develop a strong petition with detailed job descriptions and degree requirements.
✅ Guide employers through the LCA and compliance obligations.
✅ Prepare thorough and accurate filings to maximize approval odds.
✅ Handle H-1B extensions, amendments, transfers, and green card pathways.

Hire Globally. Compete Locally.

The H-1B visa opens the door for global talent to thrive in the United States — and for employers to stay competitive in today’s innovation-driven market.

Contact USCIS Expert today to learn how to sponsor an H-1B worker or apply for an H-1B visa — and move forward with clarity, speed, and confidence.