H-1B Specialty Occupation

An H-1B visa is a temporary work visa for the United States. It is used by US employers to hire professionals with at least a bachelor's degree who wish to work in their field of specialization in the US.

H-1B visa holders must hold a position in the U.S. that requires the skills they have acquired by earning a bachelor's degree or higher.

To qualify for an H-1B visa, applicants must provide proof of the following:

• At least an equivalent degree to a US bachelor's degree in their field of specialization
• A job offer from a US employer for a position that requires at least a bachelor's degree
• A U.S. employer willing to sponsor the H-1B visa process

Depending on the position offered, applicants must also be selected in the annual H-1B lottery (USCIS H-1B CAP). Employers can register applicants for the lottery each year in March; selection then takes place in April. In 2024 and 2023, several additional draws were held in the summer.

Not necessarily, but the biggest hurdle is often selection in the annual H-1B lottery. Each year, the USCIS grants only 85,000 H-1B visas, of which 20,000 are reserved for applicants with U.S. master's degrees or higher.

For the 2025 H-1B CAP lottery (conducted in 2024), for example, around 26% of applicants were selected in the first round. At the end of the second draw, the overall selection rate was around 29%, with a total of approximately 442,000 applications submitted.

H-1B visas for private, for-profit employers are awarded through an annual lottery system. Employers must create an online account with the USCIS and pay a $215 filing fee. The registration period takes place each year in March.

The lottery itself is held in April, and employers are notified whether their applicants have been selected. They can then file H-1B petitions, which can usually be filed between April 1 and June 30 of the year.

H-1B visas are considered the "traditional" work visas for the USA. They are popular because they can be used by applicants with at least a bachelor's degree who wish to work in a position that requires this educational qualification. In addition, there are no restrictions on the nationality of applicants, unlike other visa categories such as E-2 or TN.

H-1B visas are tied to a single employer, which makes it difficult to switch to another employer. An H-1B holder may only work for the employer who sponsored the visa.

Another disadvantage is the lottery system. As only 85,000 H-1B visas are issued each year, a large number of applicants remain unconsidered. The selection rates in recent years, for example, have been between 25% and 46%.

1. The employer registers the potential employee for the H-1B lottery in March.
2. If the employee is selected, the employer can file an H-1B petition with the USCIS (April through June).
3. As part of the application, a labor certification must be obtained from the U.S. Department of Labor.
4. Employers must prepare a Public Access File that meets the legal requirements.

• March: Registration for the H-1B lottery
• April: Announcement of the lottery results and start of the application phase
• October: Earliest start date for selected applicants

An H-1B visa is initially valid for three years and can be extended for a total of six years. In certain cases (such as an approved I-140 petition), it may be extended annually until the green card process is complete.

Yes, spouses and children under the age of 21 can apply for an H-4 dependent visa to live with you in the United States.

Generally, no. However, if the H-1B holder has an approved I-140 petition, the spouse can apply for an Employment Authorization Document.