The H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily hire foreign workers in specialty occupations. Below is a detailed breakdown of eligibility criteria for obtaining an H-1B visa.

1. Specialty Occupation Requirement

To qualify, the job position must be considered a specialty occupation, which means:

• The job requires theoretical and practical application of a body of specialized knowledge.
• The minimum educational requirement is a bachelor’s degree or higher in a relevant field.
• The degree must be common in the industry for that specific position, or the employer must prove the role requires such expertise.

Examples of specialty occupations include:

• IT & Engineering: Software engineers, data analysts, electrical engineers
• Healthcare & Science: Doctors, researchers, biochemists
• Finance & Business: Financial analysts, accountants
• Architecture & Law: Architects, legal consultants (not lawyers)

2. Educational Qualification

• The applicant must hold at least a U.S. bachelor’s degree or its foreign equivalent in a related field.
• If the applicant does not have a degree, equivalent work experience (usually three years of experience per missing year of study) can be considered.

3. Employer Sponsorship

• A U.S.-based employer must file an H-1B petition (Form I-129) on behalf of the applicant.
• The employer must demonstrate that hiring a foreign worker is necessary and that the position cannot be easily filled by a U.S. worker.
• Employers must obtain a Labor Condition Application (LCA) from the U.S. Department of Labor, ensuring the foreign worker will be paid fairly.

4. H-1B Cap and Lottery System

• The annual cap for H-1B visas is 85,000 (65,000 for regular applicants + 20,000 for U.S. master’s degree holders).
• If applications exceed the cap, a lottery system is used to randomly select applicants.
• Some employers, like universities, research institutions, and nonprofit organizations, are cap-exempt and can apply anytime.

5. Duration of Stay

• Initially granted for up to 3 years, with an extension possible for a maximum of 6 years.
• Some H-1B holders may become eligible for Green Card sponsorship (permanent residency) through employment.

6. Additional Requirements & Restrictions

• Applicants must maintain valid status and work only for the sponsoring employer unless they transfer the visa to another employer.
• Dependents (spouse & children under 21) can apply for an H-4 visa, but only certain H-4 visa holders can work.

Who is NOT Eligible?

• Those in non-specialized roles like general laborers, administrative assistants, or unskilled workers.
• Applicants without a bachelor’s degree or equivalent experience in a relevant field.
• Self-employed individuals, unless sponsored by a legitimate U.S. employer.

Would you like guidance on the application process or common reasons for H-1B rejections: visit New Roots EB5!