H-1B
H-1B is intended for certain specialty occupations. Assessment considers the relationship between job duties and the specific education required. A foreign degree, education or experience equivalency and professional licensing may form part of the documentation, depending on the case.
What to consider
The employer participates in the petition and must meet applicable labor obligations. Some petitions are subject to the annual cap and selection process; others may qualify for exemptions. Timing, job conditions and employer type must be checked before planning the start of work.
Specialty occupation and job offer
The position must require theoretical and practical application of highly specialized knowledge and normally a bachelor’s or higher degree in a directly related specialty, or its equivalent. An employer with a genuine job offer is required. Holding a degree alone does not qualify every position: duties, education, experience and any license must match the occupation’s requirements.
Employer responsibilities: LCA and I-129
The employer obtains a Labor Condition Application (LCA) certified by the Department of Labor and files Form I-129 with USCIS. The LCA includes commitments concerning pay and working conditions: generally, pay must be at least the higher of the employer’s actual wage for comparable workers or the prevailing wage for the occupation in the area. LCA certification does not replace USCIS eligibility review.
Annual cap and selection
The regular cap is 65,000, with an additional exemption for the first 20,000 beneficiaries holding a master’s or higher degree from an eligible U.S. institution. Some petitions are cap-exempt depending on the employer and circumstances. Cap-subject petitions follow the relevant registration and selection cycle. For fiscal year 2027, USCIS adopted weighted selection when demand exceeds the cap. Selection permits petition filing; it does not guarantee approval or constitute a job offer.
Duration and extension of status
H-1B generally allows an initial period of up to three years, with extensions up to the general six-year limit. Statutory exceptions allow extensions beyond that limit, including in certain permanent residence processes, and require a specific assessment. Continued employment depends on maintaining status and the petition’s conditions. Visa validity in the passport and the authorized period on Form I-94 are distinct.
Additional fee for certain employers
Since September 9, 2026, the additional $4,000 9–11 Response and Biometric Entry-Exit Fee also applies to H-1B extensions of status filed by covered employers, even without a change of employer. It covers petitioners with at least 50 employees in the United States when more than 50% of their employees, in aggregate, hold H-1B, L-1A or L-1B status. Amended petitions that do not request an extension are exempt from this fee. The statutory provision applies to petitions filed through September 30, 2027. This is not a general charge for every applicant or the total cost of the process; employers must check the fees applicable to their petition.
H-4 family members and Green Card
A spouse and unmarried children under 21 may accompany the principal in H-4 classification if the requirements are met. Employment authorization is not automatic for dependents; certain spouses may apply under specific conditions. H-1B permits the intent to seek permanent residence, but a Green Card requires a separate process and compliance with the chosen immigrant category’s requirements.
How to establish the applicant’s qualifications
Evidence may follow the alternatives below, depending on the occupation and applicable rules. The position must also qualify as a specialty occupation.
A U.S. bachelor’s or higher degree from an accredited institution, required by the specialty occupation.
A foreign degree recognized as equivalent to the U.S. bachelor’s or higher degree required in the specialty.
An unrestricted state license, registration or certification authorizing full practice of the specialty occupation in the intended state of employment, under applicable rules.
Education, training or progressively responsible experience equivalent to completing the required degree, with recognition of expertise through directly related roles and appropriate equivalency evidence.
How we can help
01 · Understand
Your history and goals guide the initial assessment and identification of relevant issues.
02 · Organize
The team identifies the information and evidence needed and explains the scope of the proposed work.
03 · Follow through
You receive guidance on the stages of our services and next steps, according to the agreed scope.
Frequently asked questions
Does having a degree guarantee an H-1B place?
No. The position, qualifications, employer and applicable process must meet the requirements. Selection, where required, is not the same as petition approval.
What is the H-1B visa?
It is a temporary category allowing employers to hire foreign professionals for specialty occupations with qualifications matching the role.
What are the applicant’s requirements?
An offer for a specialty occupation and the required qualifications, established through a degree, equivalency or another route allowed by the rules. Professional licenses may be necessary.
What must the employer submit?
A Department of Labor-certified LCA and Form I-129 with position and applicant documentation. Cap-subject petitions must also follow the registration and selection process.
What does the annual 85,000 figure mean?
It refers to the regular 65,000 cap and the 20,000 exemption for advanced degrees from eligible U.S. institutions. It is not a list of available jobs, and some petitions are cap-exempt.
How long does H-1B last?
Generally, up to three years initially and up to six years in total, with statutory exceptions that may allow further extensions.
Can my family accompany me on H-4?
A spouse and unmarried children under 21 may accompany you as eligible dependents. H-4 does not provide automatic employment authorization.
Does H-1B guarantee permanent residence?
No. Immigrant intent may coexist with H-1B, but residence requires another process and compliance with its requirements.
Do I need to send documents when I first get in touch?
The team will explain which information is needed and the appropriate channel for sending private documents.
Can approval or a timeline be guaranteed?
No. Government decisions and processing times depend on the authorities and the circumstances of each case.
Information in context
Informational content. Eligibility, documentation and strategy depend on individual assessment and the rules applicable to the case.
Official reference ↗Official rule — additional H-1B and L-1 fee ↗