Introduction
The H-1B is a nonimmigrant visa that allows U.S. employers to temporarily hire foreign professionals for roles classified as “specialty occupations.” These positions require at least a U.S. bachelor’s degree, a foreign equivalent, or the equivalent in relevant education and/or work experience.
Initially, the H-1B visa is granted for up to three years and can be extended to a maximum of six years, with certain exceptions available through specific permanent residency processes.
Eligibility requirements
Position requirements (“Specialty Occupation”)
To qualify, the position must require at least a four-year bachelor’s degree (or higher) in a field directly related to the job duties of the role. Applicants without a degree may substitute relevant professional experience, with three years of experience considered equivalent to one year of academic study. In other words, 12 years of relevant professional employment experience in the field would be required, as confirmed by experience verification letters, to equate to a U.S. Bachelor’s degree in a specific field.
The job offer must clearly require a degree that aligns with the duties of the position (for example, a software engineering degree for a software developer role). Broad or generic degrees, such as an MBA, often make it more challenging to demonstrate that the role qualifies as a specialty occupation under the H-1B requirements.
Education — one of the following:
1. A U.S. bachelor’s degree (four years)
2. A 4-year bachelor’s degree earned outside the U.S. — must be accompanied by a formal credential evaluation to confirm equivalency.
3. A combination of education, training and/or experience. For example, a 2-year Associates degree and 6 relevant professional employment experience in the field; or a three-year degree plus three years of relevant experience can meet the requirement.
4. Equivalent work experience — generally 12 years or more in the field (calculated as three years of relevant work experience for each year of missing academic study).
Prevailing wage
The prevailing wage requirement ensures that H-1B workers are compensated fairly and that hiring foreign talent does not negatively impact the U.S. labor market. Employers must offer a salary at or above the prevailing wage, which is determined based on factors such as job title, responsibilities, required education and skills, geographic location, and the worker’s experience level.
To comply, employers must provide a detailed description of the job duties, aligned with the occupational categories established by the U.S. Department of Labor (DOL). Wage levels vary depending on the job’s location and the requirements for the role.
Skill levels
The DOL assigns each position a wage level from 1 to 4:
Level 1 (Entry-Level)
0–2 years of experience, working under supervision.
Level 2 (Qualified)
Over 2 years of experience, capable of exercising independent judgment.
Level 3 (Experienced)
Advanced knowledge, often including leadership or supervisory duties.
Level 4 (Highly Specialized)
Expert-level knowledge, typically involving strategic or high-level responsibilities.
Bonus tip: It’s generally advisable to avoid Wage Level 1 if possible, as USCIS may challenge it on the basis that it does not meet the criteria for a specialty occupation. Wage Level 3 is typically associated with more senior roles, while Level 4 is usually reserved for professionals with 10–15+ years of experience. Ultimately, the appropriate wage level depends on the specifics of the job description. If the position is tied to multiple work locations, the prevailing wage must be determined for each location, and the highest applicable wage will apply.
Job Offer
The job offer and its accompanying job description is essentially the vehicle that supports your H-1B petition. It must be sufficiently technical and include enough detailed duties to clearly establish that the role qualifies as a specialty occupation. The more specific and descriptive it is, the easier it will be for USCIS to determine eligibility. Importantly, the job offered should align closely with your field of study.
Labor Condition Application (LCA)
The Labor Condition Application (LCA) is a key requirement for the H-1B process and must be certified by the U.S. Department of Labor (DOL) before the H-1B petition can be filed with USCIS. The LCA is filed electronically using Form ETA-9035E through the FLAG system up to six months prior to the intended start date.
In the LCA, the employer attests that:
The H-1B worker will be paid at least the required wage (the higher of the prevailing wage for the occupation in the area of intended employment or the employer’s actual wage for similar roles).
Employing the H-1B worker will not adversely affect the working conditions of similarly employed U.S. workers, and there is no strike or lockout in the occupation at the worksite.
Notice of the LCA has been provided to workers — either by physical posting or electronic notification — no more than 30 days before and no later than the day of filing, and maintained for at least 10 consecutive days.
Content
The LCA contains details about the employer, the job title and SOC code, offered wage, period of employment, and work location(s). Its focus is on the position and place of employment, and the certified LCA must be included in the Form I-129 H-1B petition.
First-time filers
If it is the company’s first time filing an LCA, the DOL must verify the Federal Employer Identification Number (FEIN) before certification.
Pros
Legal authorization to live and work in the U.S.
The H‑1B visa allows foreign professionals to live and work in the United States for an extended period—initially up to 3 years, with the possibility of renewal up to 6 years or even more under certain permanent residency processes.
More accessible eligibility criteria compared to other visas
Unlike visas such as the O‑1A, which require evidence of extraordinary ability or national acclaim, the H‑1B only requires a relevant bachelor’s degree (or equivalent), and a job offer from a U.S. employer in a specialty occupation. This makes it more accessible for qualified professionals without highly distinguished achievements.
Dual intent and pathway to permanent residency (green card)
The H-1B is one of only two nonimmigrant visas that allow dual intent, meaning you can pursue permanent residency (a green card) while holding this status without jeopardizing your visa. Many H-1B holders use it as a pathway to apply for a green card through employer sponsorship under the EB-2 or EB-3 categories.
Also, when you file for Adjustment of Status, you can travel outside the United States without obtaining a travel permit as long as you have a valid H-1B visa in your passport.
Dependents can accompany the visa holder
Spouses and children (under age 21) are eligible for H‑4 dependent visas, and H‑4 spouses can even qualify for work authorization (H‑4 EAD) if the H‑1B holder has an approved I-140.
Flexibility to change employers
Workers can switch to another employer without starting over in the lottery process, as long as the new employer files a valid H‑1B transfer petition while the worker is still in valid status or within the grace period.
Cons
Limited annual cap and random selection
The number of H‑1B visas issued each year is subject to a strict cap. Due to high demand, most applicants are selected through a lottery system, making the outcome uncertain and highly competitive.
Tied to your field
You must continue working in the same area of expertise you’re recognized for.
Employer dependence and job limitations
The visa is tied to a specific employer and job. Changing roles, employers, or job locations requires filing an amended or new petition, which involves legal costs and potential delays.
Duration limitations
The H‑1B visa is temporary. Even with recapture or extensions, the ability to remain in the U.S. long-term depends on pursuing a green card, which itself can be a lengthy and complex process.
General information
Annual cap, lottery, and exemptions
The annual cap
Each fiscal year, U.S. immigration law imposes a numerical limit on the number of new H‑1B visas that can be issued:
65,000 under the regular cap.
20,000 additional visas reserved for foreign nationals with a U.S. master’s degree or higher.
What is the lottery and why is it used
Because demand exceeds the number of available visas each year, USCIS conducts a random selection process, commonly referred to as the H‑1B lottery.
Here’s how it works:
During a designated window in March, employers submit electronic registrations for each candidate through the USCIS online portal. A non-refundable registration fee of $215 applies per candidate. Once the registration period closes, USCIS conducts a two-step random selection:
First, 65,000 registrations are selected (regular cap).
20,000 additional visas reserved for foreign nationals with a U.S. master’s degree or higher.
Cap-exempt employers
Certain employers are cap-exempt, meaning they are not subject to the annual H-1B quota and may file petitions at any time of the year. These include:
Institutions of higher education
Nonprofit organizations affiliated with universities
Nonprofit research organizations
Government research organizations
If you move from a cap-exempt employer to a cap-subject employer, you will need to go through the H-1B lottery unless you maintain concurrent employment with both employers.
Extensions, amendments, transfers between cap-exempt employers, and recapture filings are also not subject to the cap. The cap applies only to new employment with a cap-subject employer. If you previously held H-1B status, left the United States, and later wished to return, you may also be exempt from the lottery in that situation
Visa validity and extensions
The H‑1B visa is initially granted for up to 3 years and can be extended for an additional 3 years, totaling 6 years. However, certain situations allow further extensions beyond the six-year limit:
If a labor certification (PERM) or an I‑140 petition has been pending for at least 365 days before the six-year maximum, a 1-year extension can be requested
If an I‑140 has been approved, but the beneficiary cannot adjust status due to visa number unavailability (“retrogression”), a 3-year extension can be requested
Recapture: reclaiming time spent outside the U.S.
U.S. immigration law allows workers to “recapture” unused time on H‑1B status. Only the time spent physically inside the U.S. counts toward the 6-year limit. Time spent outside the country—even for short business trips or vacations—can be reclaimed when filing for an extension.
Examples of recapture time:
Personal vacations abroad
International business trips
Extended time abroad between jobs
Required documentation:
Passport pages showing exit and entry stamps
I‑94 records confirming travel dates
Boarding passes or flight itineraries
A detailed log or table of time spent abroad
There is no deadline to recapture unused time. Even after several years outside the U.S., an individual may file to reclaim any time not previously used under H‑1B status.
Change of employer, concurrent employment, and grace period
A worker in H‑1B status may change employers if the new employer files a Form I‑129 petition while the worker is still in valid status or within the 60-day grace period after termination.
Concurrent employment is allowed—workers may hold multiple H‑1B jobs, as long as each employer files a separate petition.
After the end of an H‑1B job, there is a 60-day grace period (or until the expiration of the I‑94, whichever is shorter) during which the worker may:
Find a new job and file a new petition
Change to another visa status
Depart the United States
Conclusion and best practices
The H‑1B visa is a valuable option for foreign professionals seeking to work in the United States. Its relatively accessible eligibility requirements, dual intent provision, and potential pathway to permanent residency make it an attractive choice for many.
Key recommendations:
Ensure eligibility and gather full supporting documentation well in advance.
Monitor lottery registration dates and prepare accordingly.
Explore alternatives such as cap-exempt employers or recapture filings.
Maintain detailed travel records in case recapture is needed.
Work with legal counsel to prepare strong petitions, especially when proving that a job qualifies as a “specialty occupation.”
