Back to QuestionsSpecialty occupation — The job must require at least a bachelor's degree (or equivalent) in a specific field. Common fields include IT, engineering, finance, architecture, science, and medicine.
Qualified worker — You must hold the required degree or have equivalent work experience.
Employer sponsorship — A U.S. employer must sponsor you. You cannot self-petition.
Labor Condition Application (LCA) — The employer must file an LCA with the Department of Labor, attesting to paying the prevailing wage.
65,000 visas for regular applicants.
20,000 additional visas for applicants with U.S. master's degrees or higher.
When applications exceed the cap, USCIS conducts a random lottery.
Cap-exempt employers (universities, research institutions, nonprofits) are not subject to the cap.
Dual intent — H-1B holders can pursue permanent residence (green card) simultaneously.
Portability — You can change employers. The new employer files a new H-1B petition, and you can begin work upon filing.
Dependents — Spouse and children under 21 can come on H-4 visas. H-4 spouses may be eligible for work authorization in certain circumstances.
immigration
What Is an H-1B Visa?
Federal & State Law Editorial TeamLast reviewed: 2025-12-15
The H-1B visa is a non-immigrant work visa for foreign professionals in specialty occupations. It is one of the most sought-after work visas in the United States.
Requirements:
Annual cap and lottery:
Duration. Initially granted for up to 3 years, extendable to a maximum of 6 years. Extensions beyond 6 years may be possible if a green card petition is pending.
Key features:
This is legal information, not legal advice.
When to Talk to a Lawyer
- Your employer wants to sponsor you for an H-1B visa
- You want to change H-1B employers
- Your H-1B petition was denied or subject to a Request for Evidence
Related Statutes & Laws
- INA § 101(a)(15)(H)(i)(b)
- 8 U.S.C. § 1101
Related Guides
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.