H-1B — Specialty Occupation

Visa overview

The H-1B is a temporary work category for people coming to the United States to fill a "specialty occupation" — a role whose duties are specialised enough that a bachelor’s degree in a particular field is normally the minimum entry requirement. A US employer files the petition and must attest to the wage and working conditions being offered. Because demand has generally exceeded the annual limit set by Congress, most private-sector H-1B petitions must first be selected in an electronic registration process before they can be filed. Universities, affiliated non-profits and certain research organisations are typically exempt from that limit.

Who may qualify

• Professionals with a US bachelor’s degree, or a foreign degree recognised as equivalent, in a field directly related to the role offered
• Applicants whose combination of education and progressive professional experience is accepted as equivalent to the required degree
• People already holding another US status, such as F-1 students, who have received a qualifying job offer
• Professionals moving to a university, affiliated non-profit or qualifying research organisation, which are generally not subject to the annual limit

This is general information about the category, not an assessment of your circumstances.

Key requirements

• A concrete job offer from a US employer willing to act as petitioner
• A role that genuinely qualifies as a specialty occupation, with duties matching the degree field
• A degree, or an accepted equivalent, in a field directly relevant to those duties
• A certified Labor Condition Application confirming the wage meets the required level for the role and location
• Selection in the annual registration process, where the petition is subject to the numerical limit
• Any state or professional licence the role requires in order to be practised lawfully

Typical application process

1. 1The employer confirms the role qualifies and determines the required wage level
2. 2Where the annual limit applies, the employer submits an electronic registration during the announced window
3. 3If the registration is selected, the employer obtains a certified Labor Condition Application
4. 4The employer files the petition with USCIS, with evidence of the role, the wage and the applicant’s qualifications
5. 5USCIS may issue a Request for Evidence; the employer responds within the deadline given
6. 6On approval, an applicant outside the United States applies for the visa at a consulate and attends an interview
7. 7An applicant already in the United States in another status may be able to change status without departing

Documents commonly required

• Passport valid well beyond the intended period of stay
• Degree certificates and full academic transcripts
• Credential evaluation where the degree was awarded outside the United States
• Detailed employment letters covering dates, role and duties
• The signed job offer or employment contract
• Professional licences or certifications relevant to the role
• Prior US immigration documents, if you have held any US status before

Typical processing considerations

H-1B timing is shaped by the annual registration window, whether the petition is subject to the numerical limit, the workload of the office handling the case, whether a Request for Evidence is issued, and — for applicants abroad — consular appointment availability and any administrative processing. Government processing periods change, and no date or outcome can be guaranteed.

Common questions about the H-1B