US H-1B specialty occupation visa

Who it's for

The H-1B suits foreign professionals who have a firm job offer from a US employer for a role that genuinely requires specialised, degree-level knowledge.

It is widely used across technology, engineering, healthcare, finance, research and higher education.

• Professionals with a relevant bachelor's degree or higher (or equivalent experience)
• Workers whose US role qualifies as a specialty occupation
• People who may later want to apply for a green card, thanks to dual intent

Eligibility

Both the job and the worker must meet defined standards. The position must qualify as a specialty occupation, and the worker must hold the specific qualifications the role demands.

• The job normally requires at least a bachelor's degree (or equivalent) in a specific specialty
• The worker holds that degree, or an equivalent combination of education and experience
• The employer will pay at least the required wage for the role and location
• Where the cap applies, the worker's registration was selected in the lottery
• The employer has an approved Labor Condition Application from the Department of Labor

How to apply

The H-1B is an employer-driven, multi-step process. Timing matters, because cap-subject cases run on an annual cycle.

After a petition is approved, a worker who is outside the US applies for the visa itself at a US embassy or consulate using the DS-160 form, while a worker already in the US in another status may instead change status through the petition.

• Employer registers the worker electronically and pays the $215 registration fee during the registration window
• If selected in the lottery, the employer obtains a certified Labor Condition Application (LCA) from the Department of Labor
• The employer files Form I-129 petition with USCIS
• Once approved, the worker applies for the visa (DS-160, fees, interview) or requests a change of status
• The petition-based MRV visa application fee is $205 for H category applicants

The cap and the lottery

Most H-1B jobs count against the annual cap of 65,000, with a further 20,000 set aside for holders of a US master's degree or higher. When registrations exceed these limits - which they consistently do - USCIS selects registrations at random.

Only employers whose registration is selected may file a full petition. Cap-exempt employers, such as institutions of higher education and certain non-profit and government research organisations, can file at any time without going through the lottery.

Validity, extensions and family

An H-1B is usually granted for up to three years and can be extended to a general maximum of six years. Time can sometimes be recaptured or extended further where a green-card application is well advanced.

A worker's spouse and unmarried children under 21 may apply for H-4 dependant status to accompany them. H-4 holders may study, and some H-4 spouses can apply for work authorisation in limited circumstances.