H-B1 Visa (Specialty Occupation Visas)
The H-1B visa allows U.S. employers to temporarily hire foreign workers in specialty occupations that require the theoretical and practical application of highly specialized knowledge. These positions must normally require at least a bachelor’s degree or its equivalent in a specific field relevant to the role.
Each fiscal year, the U.S. government allocates 65,000 regular H-1B visas, along with an additional 20,000 visas for individuals who hold a U.S. master’s degree or higher. This process is lottery-based, and registration typically opens in March for employment that begins on October 1. The "cap gap" provision allows eligible F-1 students whose OPT expires before October 1 to remain in the U.S. until their H-1B begins.
Certain employers are exempt from the annual cap, including accredited colleges and universities, nonprofit entities affiliated with institutions of higher education, nonprofit research organizations, and governmental research organizations. Individuals who have previously been counted toward the H-1B cap within the past six years may also be exempt under certain conditions.
To qualify for an H-1B visa, the employer must offer a bona fide position in a specialty occupation, meaning the job requires at least a bachelor’s degree or equivalent in a specific field. For example, a software engineering role would typically require a degree in computer science, software engineering, or a closely related discipline. Similarly, a civil engineering position would require a degree in civil engineering or a comparable field. The employer must be willing to pay the higher of the prevailing wage or the actual wage for the position and must demonstrate the ability to pay that wage.
The foreign national must be selected in the H-1B cap (unless applying under a cap-exempt category) and must possess the necessary academic qualifications. This may include a U.S. bachelor’s degree or higher, or a foreign equivalent, or in some cases, a combination of education, training, and/or experience that is equivalent to a U.S. degree. For example, a foreign national may qualify if they hold:
- A four-year foreign bachelor’s degree in the relevant field;
- A three-year foreign bachelor’s degree plus three years of specialized experience in that field;
- A three-year bachelor’s degree plus a two-year master’s degree in the same field; or
- At least 12 years of progressively responsible experience in the specialty area, based on credential evaluation.
The filing process begins with the employer submitting a Labor Condition Application (LCA) to the U.S. Department of Labor (DOL), affirming wage and working condition requirements. Once the LCA is certified, the employer files Form I-129, Petition for a Nonimmigrant Worker, with USCIS, including the certified LCA and supporting documentation to establish eligibility.
Initial H-1B status is granted for up to three years, with the possibility of a one-time extension of up to three more years, for a maximum stay of six years. Extensions beyond six years may be possible in limited circumstances, such as when the beneficiary is in the process of applying for lawful permanent residency. The H-1B is a dual intent visa, which means the foreign national may lawfully pursue a green card while maintaining nonimmigrant status.
If the foreign national’s H-1B employment ends before the end of the authorized period, they are generally entitled to a 60-day grace period (or until the I-94 expires, whichever is shorter) to seek new employment, change status, or depart the U.S. In cases of early termination, the employer is obligated to pay the reasonable cost of return transportation abroad.
Family members,including spouses and unmarried children under age 21,may accompany the H-1B worker in H-4 status. While H-4 spouses are not automatically eligible to work, they may apply for employment authorization if the principal H-1B worker has an approved Form I-140 (Immigrant Petition for Alien Worker).
