H-1B specialty occupations

Who this pathway suits

The H-1B visa is the backbone of talent acquisition for US technology, engineering, healthcare, and consulting firms. Subject to an annual statutory cap of 65,000 standard visas plus an additional 20,000 for holders of US master's degrees (with cap exemptions for universities and non-profit research institutions).Prospective employers enter beneficiaries into the annual USCIS electronic registration lottery in March. Selected beneficiaries then have full petitions filed on their behalf with the Department of Labor (LCA) and USCIS.H-1B is a 'dual intent' visa, meaning holders can lawfully pursue permanent residency (Green Card) while on H-1B status without violating their non-immigrant conditions.

Eligibility at a glance

• Job offer from a US employer in a specialty occupation requiring specialized theoretical knowledge
• Minimum of a US bachelor's degree or foreign equivalent degree directly related to the specialty occupation
• Employer obtains certified Labor Condition Application (LCA) from the Department of Labor
• Employer pays at or above the prevailing wage for the occupation in the geographic location
• Selection in the annual H-1B electronic lottery (unless filing with a cap-exempt employer)

How the process works

1. LCA & Electronic Registration — Employer registers candidate in the USCIS electronic lottery in March ($215 fee).
2. Lottery Selection — USCIS conducts randomized electronic draw and issues selection notices.
3. Lodge Form I-129 Petition — Employer files complete petition and certified LCA within the 90-day filing window.
4. USCIS Approval — Receive I-797 approval notice (eligible for 15-day Premium Processing).
5. Visa Stamping / Change of Status — Attend consular interview abroad or status activates automatically on October 1.

Documents you will typically need

• Approved Form I-129 and Form I-797 Notice of Action
• Certified Labor Condition Application (LCA, Form ETA-9035)
• Degree diplomas and detailed transcripts with credential evaluation
• Detailed employer support letter outlining specialized duties and salary
• Resume, previous employment reference letters, and valid passport

Frequently asked questions