H-1B · Specialty Occupation Work Visa

Overview

The H-1B is the most common work visa for foreign professionals in the United States. It allows U.S. employers to temporarily employ foreign workers in specialty occupations — roles that require at least a bachelor's degree (or equivalent) in a specific field.

H-1B visas are subject to an annual cap of 65,000 (plus 20,000 additional slots for U.S. master's degree holders). Because demand far exceeds supply, USCIS uses a lottery system each spring. Cap-exempt employers — including universities, nonprofit research organizations, and government research institutions — are not subject to the cap.

The initial period of authorized stay is 3 years, extendable to 6 years. If an employer-sponsored green card (I-140) is approved, H-1B status can be extended beyond 6 years in 1-year or 3-year increments.

Key Requirements

• Job offer from a U.S. employer willing to act as sponsor and file a Labor Condition Application (LCA)
• Position must qualify as a specialty occupation requiring at least a bachelor's degree
• Applicant must hold at least a bachelor's degree (or equivalent) in the required field
• Subject to annual cap and lottery (unless employer is cap-exempt)
• Employer must pay the prevailing wage for the position

How We Can Help

RZ Law Firm provides comprehensive support throughout your H-1B petition — from evaluating your qualifications for specialty occupations, preparing your employer's Form I-129 petition, managing the lottery selection process, handling RFE responses and denials, implementing Day-1 CPT strategies, to processing extensions, amendments, and transitions to employment-based green cards. Our attorney has experience with STEM professionals, healthcare workers, international students, and specialty occupation workers navigating H-1B status, portability rules, and visa strategy.

Schedule a free consultation to discuss your specific situation and learn the best path forward.

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