H-1B Specialty Occupation Visa
Work visa for professionals in specialty occupations requiring at least a bachelor's degree
Initial
3 yr
Max
6+ yr
Cap
65k + 20k
Overview
The H-1B visa allows US employers to temporarily employ foreign workers in specialty occupations β roles that require at least a bachelor's degree (or equivalent) in a specific field. The H-1B is subject to an annual cap of 65,000 visas, plus 20,000 additional visas for US master's degree holders. Due to high demand, USCIS conducts a random lottery each spring to select petitions for processing. The initial H-1B period is typically 3 years, extendable to 6 years and beyond for those on an employment-based green card path.
Eligibility Requirements
Specialty occupation role
The job must require at least a bachelor's degree or equivalent in a specific field. Common qualifying fields include IT, engineering, finance, medicine, architecture, and accounting.
Qualifying degree or equivalent
You must hold at least a US bachelor's degree (or foreign equivalent) in a field directly related to the specialty occupation. Work experience may substitute for a degree in some cases.
Employer sponsorship
A US employer must file the petition on your behalf. Individuals cannot self-petition for H-1B.
Labor Condition Application (LCA) approval
The employer must obtain a certified LCA from the Department of Labor, attesting to prevailing wage compliance and working conditions.
Cap registration or cap exemption
Most petitions are subject to the annual cap and must be selected in the USCIS lottery. Cap-exempt employers include universities, nonprofits affiliated with universities, and government research organizations.
Application Process
Employer files USCIS registration (March lottery)
March 1β20 (registration window)Each year in March, employers register their intended H-1B beneficiaries in the USCIS online lottery system. The registration fee is $215 per beneficiary.
USCIS conducts lottery selection
Late MarchUSCIS randomly selects registrations from the regular cap pool (65,000) and the US master's cap pool (20,000). Results are typically announced in late March.
Employer files LCA with DOL
7 business days (standard processing)If selected, the employer must obtain a certified Labor Condition Application from the Department of Labor. The LCA certifies prevailing wage and working conditions.
Employer files Form I-129 petition
2β6 months (standard), 15 business days (premium)The employer files Form I-129 (Petition for Nonimmigrant Worker) with USCIS, along with supporting documents such as the LCA, degree credentials, and job description. Premium processing (15 business days) is available for an additional fee.
Visa stamping (if outside the US)
1β8 weeks (varies by consulate)If you are outside the US, you must apply for an H-1B visa stamp at a US consulate. If you are already in the US in valid H-1B status, you may not need to leave.
Begin employment
October 1 (cap-subject)H-1B employment can begin on October 1 of the fiscal year for cap-subject cases. Cap-exempt approvals take effect upon USCIS approval.
Timeline
The H-1B lottery runs in March each year, with employment beginning October 1. The full cycle from registration to start date is about 6 months. Plan well ahead of your OPT or other status expiry.