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H-1B Visa: Specialty Occupation

The H-1B visa allows U.S. employers to hire highly skilled foreign professionals in specialty occupations roles that require at least a bachelor’s degree or equivalent in a specific field. This classification also applies to fashion models of distinguished merit

Who Qualifies?

For Employers:

  • Must offer a position in a specialty occupationrequiring specialized knowledge and a bachelor’s degree or higher.
  • Must file a Labor Condition Application (LCA) with the U.S. Department of Labor, confirming:
    • The worker will be paid at least the prevailing or actual wage, whichever is higher.
    • Hiring the H-1B worker will not adversely affect similarly employed U.S. workers.

For Employees:

  • Must hold a bachelor’s degree or higher (or its equivalent) in a field related to the job.
  • Must have a valid job offer from a U.S. employer.
  • Must meet any licensing requirements for the profession, if applicable.
  • If using a foreign degree, it may require a credential evaluation.

H-1B Cap & Lottery

  • Annual Cap: 65,000 new H-1Bs per year, with an additional 20,000 for holders of U.S. master’s degrees or higher.
  • Lottery: If registrations exceed the cap, USCIS conducts a random selection lottery.
  • Some employers (e.g., universities, non-profits) may be cap-exempt.

Duration & Extensions

  • Initial stay: Up to 3 years
  • Extension: Up to 6 years total
  • Dual Intent: H-1B holders can apply for permanent residency without jeopardizing their nonimmigrant status.

Changing Employers

  • A new employer must file a new Form I-129 with a certified LCA.
  • You may begin work for the new employer once USCIS receives the petition.

Protecting U.S. and Foreign Workers

The H-1B program includes safeguards to:

  • Prevent wage suppression
  • Ensure fair working conditions
  • Protect the rights of H-1B employees and U.S. workers

Common H-1B Fields

  • IT & Software Engineering
  • Finance & Accounting
  • Healthcare & Life Sciences
  • Education & Research
  • Architecture & Engineering

How We Can Help

We support both employers and professionals through every step of the H-1B process—from cap registration to petition filing, extensions, and beyond.

Contact us today to assess your eligibility or learn more about how we can help you hire or work in the U.S. under the H-1B program.