Requirements for an H-1B Visa: A Guide for Applicants


 The H-1B visa is a popular choice for immigrants looking to work in the United States. Many professionals see it as a potential gateway to new opportunities in the land of opportunities.

But what does it take to qualify for an H-1B visa? This blog discusses the requirements, the lottery system, the application process, and why an Immigration Question attorney is your best support.

The H-1B visa is a nonimmigrant work visa that allows U.S. employers to temporarily hire foreigners for roles that require specialized knowledge, such as engineers, IT experts, doctors, and architects.

There are other H-1B categories:

  1. H-1B2: For roles in Department of Defense (DOD) research and development projects.

  2. H-1B3: For fashion models of exceptional ability or merit.

For employers, it is a chance to fill skill gaps with top global talent. For workers, it is a chance to gain U.S. work experience and even pursue a green card.

Benefits of the H-1B include:

  1. Employers stay competitive by hiring the best talent, regardless of borders.

  2. Employees get to live and work legally in the U.S.

  3. It supports dual intent, meaning you can apply for permanent residency while on this visa.

An Immigration Question lawyer can increase your chances of getting a H-1B visa. Visit Immigration Question today to get started.

There are some eligibility rules for both employers and employees.

  1. Specialty Occupation Requirement The job must require specialized knowledge and at least a bachelor’s degree in a relevant field like engineering, tech, finance, or medicine.

  2. Labor Condition Application (LCA) Employers must file an LCA with the Department of Labor stating the following:

    • The employee will be paid fairly.

    • Hiring will not hurt current U.S. workers.

    • There are no strikes or work stoppages in that role.

Note that H-1B2 applicants are exempt from the LCA requirement.

  1. Petition and Sponsorship Employers must submit Form I-129 (Petition for a Nonimmigrant Worker), register for the H-1B lottery if required, and prove they offer a real job.

  1. Education Applicants need at least a bachelor’s degree in a field related to the job. If your degree is from outside the U.S., you may need to have it evaluated.

  2. Job Offer A confirmed job offer from a U.S. employer in a specialty occupation is necessary.

  3. Work Experience & Licensing Relevant experience helps, and you will likely need a license to work for roles in law or medicine.

A role qualifies as a specialty occupation if it meets at least one of the following:

  • Requires a bachelor’s degree or higher.

  • The degree requirement is the industry norm.

  • The job duties are complex and call for a degree.

  • The company typically requires a degree for that role.

You must also meet one of these conditions:

  • Hold a relevant U.S. degree (or higher).

  • Have foreign education or experience equivalent to a U.S. degree.

A common immigration question is: “How does the H-1B Lottery work?”

Here is a simplified breakdown:

  1. Employer Registration Your employer submits an electronic registration for you via the myUSCIS portal during the registration period.

  2. The H-1B Lottery If applications exceed the annual cap, which they often do, USCIS conducts a random selection process.

  3. Labor Condition Application If selected, the employer files an LCA with the Department of Labor.

  4. Form I-129 Filing The employer then files a complete petition, including your resume, degree certificates, and the offer of employment.

  5. USCIS Processing USCIS reviews the petition. If needed, they may issue a Request for Evidence (RFE) before making a decision.

  6. Visa Interview If you are applying from outside the U.S., you must schedule and attend a visa interview at a U.S. embassy or consulate nearby.

  7. Travel to the U.S. Once approved, you can enter the U.S. up to 10 days before your start date. Customs and Border Protection (CBP) will confirm your eligibility at the port of entry.

Each year, there is a limit on how many H-1B visas can be issued:

  • 65,000 under the regular cap

  • 20,000 additional spots for those with a U.S. master’s degree or higher

If registrations exceed these caps, the lottery system determines who moves forward.

The H-1B visa is a great opportunity but can get overwhelming if you are navigating it for the first time. It helps to talk to someone who knows the process.

If you are an employer looking to hire international talent or a professional chasing your American dream, an experienced Immigration Question attorney can help you make smart decisions.

Visit Immigration Question today to get started.

If the H-1B worker has an approved green card petition, their spouse, on an H-4 visa, may apply for work authorization.

Up to six years. Three years initially, with a possible three-year extension.

It is not, but it is a dual-intent visa, meaning you can apply for a green card while working in the U.S.

Only U.S. employers can file the petition and sponsor you

Yes, but your new employer must file a new petition before you switch jobs.

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