The H-1B visa is the primary work visa for professionals in specialty occupations—positions requiring at least a bachelor's degree in a specific field. Technology workers, engineers, scientists, doctors, and business professionals commonly use H-1B. Due to high demand and annual caps, H-1B involves a lottery system for most applications.
Understanding H-1B requirements, the lottery process, and available exemptions helps you plan a successful application strategy.
Specialty Occupation Requirements
H-1B is for specialty occupations—positions where a bachelor's degree (or equivalent) in a specific specialty is the minimum requirement for entry. The job duties must be so specialized that the knowledge required is usually associated with the attainment of such a degree.
Both the position and the worker must qualify. The job must genuinely require specialized education (not just prefer it), and the worker must hold a qualifying degree or equivalent experience. Three years of progressive work experience typically substitutes for one year of education.
Common H-1B occupations include software developers, engineers, financial analysts, accountants, architects, and medical professionals. Positions must require theoretical and practical application of a body of highly specialized knowledge.
The H-1B Cap and Lottery
Congress limits regular H-1B visas to 65,000 per fiscal year, plus 20,000 additional visas for holders of U.S. master's degrees or higher. Because demand far exceeds supply, USCIS conducts a lottery when registrations exceed available slots.
Employers register electronically during a registration period (typically in March) for the fiscal year starting the following October. Selected registrants can then file complete petitions. Selection rates vary by year but are often below 50%.
The lottery is random—there's no preference for higher salaries, better qualifications, or any other factor. Strategy involves employers registering multiple candidates and beneficiaries having multiple employers register them (where genuine job offers exist).
Cap Exemptions
Certain employers and situations are cap-exempt—they can petition for H-1B without participating in the lottery and without counting against annual limits.
Cap-exempt employers include universities, nonprofit research organizations affiliated with universities, and government research organizations. These employers can file H-1B petitions year-round without lottery constraints.
Workers who already have H-1B status (from cap-subject petitions) can change employers without going through the lottery again. Extensions and amendments for existing H-1B holders don't consume cap numbers.
The Petition Process
Employers must first file a Labor Condition Application (LCA) with the Department of Labor, attesting they'll pay prevailing wages, provide proper working conditions, and not adversely affect similarly employed U.S. workers.
After LCA certification, employers file Form I-129 with USCIS. The petition includes evidence of the specialty occupation, the beneficiary's qualifications, and the employer-employee relationship.
Processing times vary; premium processing (for additional fee) guarantees 15-business-day adjudication. Regular processing may take months.
H-1B Duration and Extensions
H-1B status is initially granted for up to three years, extendable to a maximum of six years. After six years, workers generally must leave the U.S. for at least one year before obtaining new H-1B status.
Exceptions allow extensions beyond six years if green card processing is underway. Workers with approved I-140 petitions or those who have been waiting over 365 days for labor certification can extend H-1B beyond six years.
Changing Jobs and Portability
H-1B portability allows workers to begin employment with a new employer once a properly filed H-1B petition is submitted—without waiting for approval. This enables job changes without gaps in employment or status.
The new employer must file a complete H-1B petition; there's no shortened form for transfers. The worker remains in status while the new petition is pending, provided the prior status was valid when the petition was filed.
Family Members
H-1B holders can bring spouses and unmarried children under 21 on H-4 dependent visas. H-4 status allows residing in the U.S. and attending school but generally doesn't authorize employment.
H-4 spouses of H-1B holders with approved I-140 petitions can apply for work authorization (Employment Authorization Documents). This has been subject to regulatory changes; verify current rules.
Getting Legal Help
H-1B petitions involve complex regulations, quota strategies, and detailed documentation. Immigration attorneys help employers craft strong petitions, respond to Requests for Evidence, and plan lottery strategies. For workers, attorneys help identify cap-exempt opportunities, ensure qualification documentation is complete, and plan long-term immigration paths. Given H-1B's competitive nature and the stakes involved, professional guidance maximizes chances of success.