The H-1B visa is a nonimmigrant work visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations requiring at least a bachelor's degree in a specific field.
8 steps across 3 sections
1. For the Worker
- Must hold at least a bachelor's degree (or equivalent) in a field directly related to the specialty occupation.
- Foreign degree holders need credential evaluations to establish U.S. equivalency.
- Work experience may substitute for education in some cases (generally 3 years of experience per 1 year of education).
2. For the Position
- Must qualify as a "specialty occupation" requiring theoretical and practical application of a body of highly specialized knowledge.
- The degree requirement must be common in the industry or the job must be so complex that a degree is normally required.
3. For the Employer
- Must file a Labor Condition Application (LCA) with the Department of Labor.
- Must pay at least the prevailing wage or the actual wage paid to similar workers, whichever is higher.
- Must attest that hiring the H-1B worker will not adversely affect the working conditions of similarly employed U.S. workers.
Common Mistakes
- Assuming any job with a degree qualifies
- Filing with incorrect wage level
- Missing the registration window
- Not considering cap-exempt options
- Ignoring the LCA posting requirement
Pro Tips
- Use premium processing
- Consider cap-exempt employers
- Start the green card process early
- The weighted lottery system (FY 2027)
- Maintain valid status