To be eligible for the US H1B program, you must show that you meet the H1B visa requirements and qualify as a specialty worker.

The H1B visa is one of the most sought-after work visas for highly skilled professionals looking to build a career in the United States. For many, it’s the gateway to working in leading industries like technology, finance, engineering, and healthcare, but getting an H1B visa is not as simple as landing a job offer. The US government imposes specific H1B visa requirements, including strict eligibility criteria, a rigorous sponsorship and application process, and a limited number of visas issued each year.

The H1B visa continues to be highly oversubscribed. If you are selected in the H1B visa lottery, it will be important to ensure your petition is comprehensive and fully compliant with the rules, and that you provide sufficient evidence to show you meet the H1B visa requirements.

With high demand and a competitive process, understanding the H1B visa requirements, employer obligations, and key legal considerations is essential. The H1B application process also requires workers and the employer/sponsor to work closely to ensure deadlines are met, fees are paid and all the required information is provided on time and in the correct format.

In this article, we explain the eligibility requirements that must be met for an H1B visa to be granted.

 

What is the H1B visa?

 

The H1B Specialty Occupation visa is for US businesses and organizations to employ graduate-level foreign nationals in specialty occupations. It is a non-immigrant, temporary worker visa that permits qualifying non-US nationals to come to the USA to work in qualifying roles.

As an H1B status holder, you may stay in the US for up to 6 years. Should you remain and work in the US on an H1B basis for the full six years, you may become eligible for a Green Card.

 

H1B visa cap

 

There is an annual cap on the number of H1B visas that can be issued. 85,000 are made available each year, of which only 65,000 are for overseas workers in specialty level occupations with at least a bachelors degree, and 20,000 are for specialty workers with an advanced degree from a US academic institution

These levels are generally far lower than the number of registrations.

 

H1B visa requirements

 

With many more applications being made each year than visas are available for, the H1B visa application process looks for evidence that both the individual and the role meet the H1B visa work requirements.

 

Role is a ‘specialty occupation’

 

Specialty occupations are those which require the theoretical and practical application of highly specialized knowledge in the related industry.

A specialty occupation requires a bachelors or higher degree, or an equivalent qualification combined with the relevant specialist expertise and work experience.

For a job to be H1B eligible, it must meet one of the following conditions:

 

• A bachelors or higher degree, or equivalent, is the minimum entry requirement for the job.
• It must be the norm for that specific job that a degree is required.
• The job can only be filled by a person who has a degree because the nature of the job is so complicated or unique.
• A degree or equivalent is required by the employer for any individual to be recruited for and to fulfil the job.
• The knowledge level that is generally associated with a person who holds a bachelors degree or higher degree is required because the duties of the job are so complex and specialized.

 

If you do not have a bachelors degree or higher you may be able to show degree equivalence through work experience and/or other qualifications.

Specialty occupations commonly fall into the following areas:

 

 

Occupation Category	Example Positions	Minimum Education Requirement
Information Technology	Software Developer, Database Administrator, IT Analyst, Network Engineer	Bachelor’s degree in Computer Science, IT, or related field
Engineering	Mechanical Engineer, Electrical Engineer, Civil Engineer, Aerospace Engineer	Bachelor’s degree in Engineering or related field
Healthcare	Physician, Pharmacist, Physical Therapist, Medical Researcher	Doctoral or professional degree (MD, PharmD, DPT) depending on role
Finance & Accounting	Financial Analyst, Accountant, Actuary, Auditor	Bachelor’s degree in Accounting, Finance, or Economics
Education	University Professor, Researcher, Special Education Teacher	Master’s or Ph.D. in Education or related field
Architecture	Architect, Urban Planner, Interior Designer	Bachelor’s degree in Architecture or Urban Planning
Science & Research	Biologist, Chemist, Data Scientist, Environmental Scientist	Bachelor’s or higher degree in Science or related field
Legal	Corporate Lawyer, Patent Attorney, Legal Consultant	Juris Doctor (JD) or LLM
Marketing & Advertising	Marketing Analyst, Digital Marketing Specialist, Market Researcher	Bachelor’s degree in Marketing, Business, or related field
Mathematics & Statistics	Statistician, Data Analyst, Operations Research Analyst	Bachelor’s or higher degree in Mathematics, Statistics, or related field

 

H1B roles must carry a wage that is equivalent to that of similarly qualified and specialist roles, or more than the wage of similarly qualified and specialist roles where the higher wage is the norm in the local area. Alongside this wage, an H1B role should carry the same work benefits as are made available to similar US workers.

The working conditions of an H1B role should not have a detrimental effect on similarly employed workers, and the H1B role must not be applied for during a time of strike, lockout or other work stoppage.

 

Applicant requirements

 

For an individual to be eligible as an H1B status worker, they must have an offer of employment from a US employer in respect of an eligible role and at least one of the following:

 

• US bachelors or higher degree in the related specialty occupation from an accredited US educational institution.
• Equivalent foreign degree in the specialty occupation.
• Unrestricted state licence, registration or certification which allows employment in the specialty occupation in the state where the job is located.
• Education, training or experience in the relevant specialty equivalent to a degree and recognition as having a suitable level of expertise in the relevant specialty.

 

 

How to apply for the H1B visa

 

Applications for H1B visas are accepted during a limited, annual window. This means employers and workers must be organized in ensuring they meet the deadlines.

The registration window generally opens during April. Successful H1B applicants are not allowed to start work until October 1st of the same year.

 

H1B lottery electronic registration

 

The first stage in making an H1B application is to file an electronic registration during the H1B window. This is usually during April each year. Once the window closes, if the number of registrations exceeds the number of H1B cap visas available, a random process is used to select registrations which are then invited to submit a full petition within a window of usually 30-days. This means the visa applicant and their sponsor must act quickly to compile and submit a comprehensive application.

 

Labor Condition Application (LCA)

 

The employer must submit a Labor Condition Application (form ETA-9035) to the United States Department of Labor to be certified.

This document states the employer’s agreement to pay the employee a wage that is not less than that paid to similarly qualified workers, or where it is more, to pay a wage that is generally accepted for such a job locally.

The LCA must also confirm the employer’s agreement that the employee’s working conditions will not have a negative or detrimental effect on other similarly employed workers and that at the time of filing the LCA, there is no strike, lockout or other work stoppage in place.

 

Non Immigrant Worker Petition (form I-129)

 

Once certification of the Labour Condition Application (LCA) has been granted, the employer should submit a Non immigrant Worker Petition (form I-129), accompanied by the certified LCA form, to the relevant USCIS Service Centre.

 

H1B supporting documentation

 

The I-129 form should be accompanied by evidentiary documentation to support the application. Depending on the related job and worker, this documentation could include:

 

• the certified LCA as proof that this has been applied for and granted by the Department of Labour
• proof that the job qualifies as a specialty occupation
• proof of the employee’s eligibility, such as:
  • a copy of the employee’s US bachelors degree or higher degree
  • a copy of the employee’s foreign degree and proof that it is equivalent to the US degree
  • proof of education, specialised training or work experience that are equivalent to the relevant US degree
• copy of an unrestricted state licence, registration or certification to work in the specialty occupation in the state where the employment is located
• copy of a written employment contract between the employer and the employee, or a summary of an oral agreement of the same

 

If you can successfully show that the applicant and the role meet the H1B work requirements and you are selected from the lottery, the employee may apply for their visa through the Online Non-immigrant Visa Application system (form DS-160) and attend an interview at their local US Embassy or Consulate.

 

H1B visa costs

 

The employer is required to pay the H1B petition fees, while the employee is responsible for paying their own visa fees and those of any of their dependants. The employer may not offset any of the H1B petition fees against the employer’s wages.

Should the premium processing option be taken, this may be paid by either the employer or employee.

The H1B petition fees are:

 

• Electronic registration fee: $215
• Basic filing fee of I-129 form: $780
• ACWIA fee (American Competitiveness and Workforce Improvement Act of 1998) of $750 for companies with 25 or fewer employees or $1,500 for companies with more than 25 employees
• Fraud Prevention and Detection fee of $500
• Public Law 114-113 fee of $4,000 where the company has more than 50 employees and over 50% of those are employed through an H1B or L1 visa.
• Asylum Program Fee (Forms I-129 and Forms I-140) of $600, or $300 for small employers, or no fee for nonprofits.

 

Organisations that are exempt from paying the ACWIA fee include:

 

• Non profit entity related to or affiliated with higher education institution
• Non profit research organisation
• Governmental research organisation
• Primary educational institution
• Secondary educational institution
• Non profit entity engaging in curriculum related clinical training programmes for students

 

 

Need assistance?

 

NNU Immigration are dedicated US immigration attorneys. We can guide you through the H1B application process, including advice on qualifying work requirements.

Given the competitive nature of the H1B route, we can also advise on the availability of alternative immigration routes which may be applicable depending on your circumstances, such as the L-1 visa or E-2.

For advice, contact us.

 

H1B visa requirements FAQs

 

What is the H1B visa

The H1B visa is a nonimmigrant work visa that allows foreign professionals to work in the US in specialty occupations that require a bachelor’s degree or equivalent experience. It is employer-sponsored and has an annual cap on the number of visas issued.

 

Who is eligible for an H1B visa

To qualify for an H1B visa, you must have a job offer from a US employer in a specialty occupation. The job must require at least a bachelor’s degree in a related field. If you do not have a degree, you may qualify based on equivalent work experience.

 

Does an H1B visa require employer sponsorship

Yes, an H1B visa requires sponsorship from a US employer. The employer must file a petition with USCIS and obtain approval before the applicant can proceed with the visa application.

 

Is there a limit on the number of H1B visas issued each year

Yes, there is an annual cap on H1B visas. The regular cap is 65,000 visas per fiscal year, with an additional 20,000 available for applicants who have earned a master’s degree or higher from a US institution. Some employers, such as nonprofit research organizations, may be exempt from the cap.

 

What is the H1B visa lottery

Due to high demand, USCIS conducts a random selection process known as the H1B lottery to allocate visas under the annual cap. Petitions that are not selected cannot proceed unless they qualify for an exemption.

 

How long is an H1B visa valid

An H1B visa is initially granted for up to three years and can be extended for an additional three years, for a maximum of six years. Some exceptions allow further extensions for individuals in the process of obtaining a green card.

 

Can an H1B visa holder apply for a green card?

H1B visa holders can apply for a green card through employment-based sponsorship. The H1B is a dual-intent visa, meaning holders can pursue permanent residency while maintaining their nonimmigrant status.

 

Can an H1B visa holder change employers?

Yes, an H1B visa holder can change employers through an H1B transfer. The new employer must file a petition with USCIS, and the applicant can start working for the new employer as soon as the petition is filed.

 

Can family members of an H1B visa holder live in the US?

Spouses and unmarried children under 21 can accompany an H1B visa holder on an H4 visa. H4 visa holders can study in the US, and spouses may be eligible to work if the H1B holder has an approved I-140 petition for permanent residency.

 

What happens if an H1B visa holder loses their job?

If an H1B visa holder loses their job, they have a 60-day grace period to find a new employer who can file an H1B transfer, change their visa status, or leave the US before becoming out of status.

 

 

Glossary

 

 

Term	Definition
H1B Visa	A nonimmigrant work visa that allows foreign professionals to work in specialty occupations in the US.
Specialty Occupation	A job that requires specialized knowledge and at least a bachelor’s degree or equivalent experience in a related field.
USCIS	US Citizenship and Immigration Services, the agency responsible for processing H1B visa petitions.
Employer Sponsorship	A requirement for H1B applicants where a US employer files a petition with USCIS on behalf of the worker.
H1B Cap	The annual limit on the number of H1B visas issued, set at 65,000 plus an additional 20,000 for individuals with a US master’s degree or higher.
H1B Lottery	A random selection process used by USCIS to allocate H1B visas when applications exceed the annual cap.
Form I-129	The petition that an employer must file with USCIS to request an H1B visa for a foreign worker.
Labor Condition Application (LCA)	A document that the employer must file with the Department of Labor to certify that hiring a foreign worker will not negatively impact US workers.
Prevailing Wage	The minimum salary that an H1B worker must be paid, based on job role, location, and industry standards.
H1B Transfer	The process of changing employers while on an H1B visa, requiring the new employer to file a petition with USCIS.
H1B Extension	The process of extending an H1B visa beyond its initial validity period, up to a maximum of six years.
Dual Intent	A policy that allows H1B visa holders to apply for a green card while maintaining nonimmigrant status.
Form I-140	An immigration petition filed by an employer on behalf of an H1B worker seeking a green card.
Adjustment of Status	The process of applying for a green card while already present in the US on a nonimmigrant visa.
H4 Visa	A dependent visa for spouses and unmarried children under 21 of H1B visa holders.
H4 EAD	Employment authorization for H4 spouses, available if the H1B visa holder has an approved I-140 petition.
Grace Period	A period of up to 60 days granted to an H1B worker who loses their job, allowing time to find new employment or change visa status.
Consular Processing	The procedure for obtaining an H1B visa stamp at a US embassy or consulate before entering the US.
Premium Processing	A service that allows employers to pay an additional fee for expedited processing of an H1B petition, typically within 15 calendar days.