H-1B Specialty Occupation Worker Visa

🛠️ Understanding the H-1B Visa: Key Facts & Process

The H-1B visa is a temporary work visa that allows U.S. employers to hire skilled foreign professionals for jobs in specialty occupations. It’s one of the most common work visa options in the U.S.

⏳ Basic Duration and Extensions

  • Initial H-1B visas are typically issued in two 3-year increments (total of 6 years).
  • Under the AC21 law, it’s possible to extend H-1B status beyond 6 years under specific conditions (see below).
  • The visa can be used for full-time or part-time employment, but it is employer-specific—you can only work for the sponsoring company.

🏢 Employer Requirements

  • Employers can be small or newly established businesses, including companies partially or fully owned by the foreign worker.
  • In such cases, additional evidence may be required (e.g., proof of ability to pay wages, business need for the position).

🎯 What Qualifies as a “Specialty Occupation”?

To qualify, the job must generally require a bachelor’s degree or higher, and meet at least one of these criteria:

  • The degree is standard for the job across the industry.
  • The job is complex or unique enough to require a degree.
  • The employer normally requires a degree for the role.
  • The job duties are so specialized they typically require advanced education.

The foreign worker must also meet one of the following:

  • Hold a relevant U.S. bachelor’s or higher degree.
  • Have a foreign degree equivalent to a U.S. bachelor’s degree.
  • Possess a state license or certification required for the role.
  • Have equivalent education, training, or experience recognized in the field.

🧰 You can search eligible job categories in the U.S. Department of Labor’s ONET database.*

🔢 Annual H-1B Cap & Lottery System

  • Only 65,000 new H-1B visas are issued each year (plus 20,000 additional for U.S. master’s degree holders).
  • Extensions and amendments do not count against this cap.
  • Some employers (e.g., universities and research institutions) are exempt from the cap.

Since more petitions are submitted than available visas, USCIS conducts a random lottery:

  1. Pre-registration is required (usually March).
  2. If selected, the full petition must be filed (generally by June).
  3. If not selected, the case will not be processed, and all fees are refunded.
  4. Sometimes, USCIS conducts a second lottery later in the year.

⚠️ Even if your petition is strong and complete, selection is not guaranteed.

👨‍👩‍👧 H-4 Dependent Status

Spouses and unmarried children under 21 may enter the U.S. in H-4 status:

  • Can attend school (public or private)
  • Cannot work unless eligible for special work authorization (H-4 EAD in limited cases)

🔁 Extending H-1B Beyond 6 Years (Under AC21)

After six years, the foreign worker may still qualify for H-1B extensions if:

  1. One-Year Extensions (AC21 §106(a)):
    A green card or labor certification application has been pending for at least 365 days.
  2. Three-Year Extensions (AC21 §104(c)):
    The I-140 petition is approved, but the worker cannot adjust status due to backlogs (priority date not current).
  3. Resetting the Clock:
    The worker leaves the U.S. for at least one year and then may apply for a new 6-year H-1B cycle.
  4. Switching Visa Categories:
    May be possible, depending on the worker’s qualifications and plans.

⚠️ Important Reminders

  • Meeting all job and education requirements does not guarantee approval.
  • The lottery system means many well-qualified applicants will not be selected for adjudication.
  • If selected, both government and legal fees apply for filing the petition.

📞 Need Help Navigating the H-1B Process?
Contact our office for personalized guidance through registration, petition preparation, and strategy for your H-1B or employment-based immigration case.

Last Revision: March 2025.