H-1B Visa: Temporary Workers in Specialty Occupations

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What is an H-1B Visa?

The H-1B visa is a non-immigrant work visa that allows U.S. companies to employ foreign workers in specialty occupations requiring theoretical or technical expertise.

The H-1B visa classification permits foreign nationals to work in the United States temporarily in specialty occupations .
This visa is ideal for professionals in fields such as IT, engineering, healthcare, and more, enabling them to work in the U.S. for a specified period, often with the potential for extension and sponsorship for permanent residency.
An H-1B is initially granted for up to three years, with a maximum duration of six years, as authorized by USCIS.

Education

The employee must hold at least a bachelor’s degree or the equivalent experience.

Specialty Occupation

The job must require at least a bachelor’s degree or its equivalent in a specific field.

CAP Selection

There was a 28.73% selection rate for the fiscal year 2025 CAP selection. USCIS selected 135,137 beneficiaries for the H-1B lottery.

Register for the CAP

Prospective petitioners seeking to file H-1B cap-subject petitions, including for beneficiaries eligible for the advanced degree exemption, must first electronically register and pay the associated H-1B registration fee for each prospective beneficiary. The employer must obtain a labor condition application (LCA) from the U.S. Department of Labor before filing the H1B petition with the USCIS.

Labor Certification Application (LCA)

The employer must file an LCA with the Department of Labor, ensuring that wages and working conditions meet standards.

Spouse and minor children of an H-1B visa holder

The spouse and minor children of an H1B employee are permitted to reside in the United States under H-4 status and may pursue education.  If the principal H1B worker is being sponsored for lawful permanent residency (i.e., a “green card”,) the spouse may also become eligible to work. 

Frequently Asked Questions

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H-1B Visa
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