Immigration
H-1B specialty occupation visa
For professional roles that require at least a bachelor’s degree in a specific field.
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What this involves
The H-1B is for a specialty occupation, meaning a position whose duties are specialised and complex enough that they normally require at least a bachelor’s degree in a particular field, and a worker who holds that degree or its equivalent. The employer petitions, not the worker. The role has to be defined precisely, because the case is won or lost on whether the duties actually match the degree field.
What has to be shown
- The position qualifies as a specialty occupation requiring at least a bachelor’s degree in a specific field
- You hold that degree, an equivalent foreign degree, or a combination of education and experience that is equivalent
- A US employer is willing to petition for you
- The employer files a labor condition application and meets the required wage
Whether any of this applies to you depends on your facts, and every case is different.
How we handle it
- We assess whether the role and your credentials fit the specialty occupation standard
- We arrange a credential evaluation where a foreign degree or experience equivalency is involved
- We prepare the labor condition application and the petition with detailed evidence of the role
- We track the registration and selection process where the annual cap applies
- We respond to requests for evidence and handle extensions and transfers
Why timing matters
The cap subject registration window runs on a fixed annual schedule, and missing it means waiting for the next cycle. Cap exempt employers can file at other times.
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Questions people ask
What is the lottery?
When cap subject registrations exceed the available numbers, selection is by random lottery. Registration is required to be considered.
Are all employers subject to the cap?
No. Certain higher education institutions, related nonprofits, and some research organisations are cap exempt.
Can I change employers?
Yes, through a transfer petition. In many cases you may begin working for the new employer upon proper filing.
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