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H1B Visa - Specialty Occupation Work Visa

Expert Guidance to Navigate the H1B Lottery and Application Process Successfully

Schedule Consultation Explore O1A Alternative

What is the H1B Visa?

The H1B visa is a non-immigrant work visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. It's one of the most popular work visas for professionals in technology, engineering, healthcare, finance, and other specialized fields requiring a bachelor's degree or higher.

Key Features of the H1B Visa

Initial Period: 3 Years

Valid for up to 3 years initially, with possibility of extension for another 3 years (total 6 years)

Bachelor's Degree Required

Must have at least a bachelor's degree or equivalent in the specialty occupation

Employer Sponsored

Requires a U.S. employer to sponsor and file the petition on your behalf

Family Included

Spouse and unmarried children under 21 can accompany on H4 dependent status

Annual Cap: 85,000

65,000 for regular cap + 20,000 for U.S. Master's degree holders. Subject to lottery due to high demand.

H1B Visa Overview

85,000

Annual Cap

6 Years

Max Duration

15 Days

Premium Processing

April 1

Filing Opens

H1B Visa Requirements

To qualify for an H1B visa, both the employer and the foreign worker must meet specific requirements

Employee Requirements

  • Educational Qualification

    Bachelor's degree or higher (or foreign equivalent) in the specific specialty, OR equivalent work experience (3 years of work = 1 year of college)

  • Specialty Occupation

    The position must require theoretical and practical application of specialized knowledge

  • Job-Degree Relationship

    Your degree must be directly related to the specialty occupation

  • Credentials Evaluation

    Foreign degrees may need credential evaluation to establish U.S. equivalency

Employer Requirements

  • Labor Condition Application (LCA)

    Must file and obtain approved LCA from Department of Labor certifying wage and working conditions

  • Prevailing Wage

    Must pay at least the prevailing wage for the position in the geographic area

  • Employer-Employee Relationship

    Must establish legitimate employer-employee relationship with right to control work

  • Job Duties Documentation

    Must provide detailed description of specialty occupation duties requiring bachelor's degree minimum

Common H1B Specialty Occupations

Software Engineers

Data Scientists

Healthcare Professionals

Financial Analysts

Engineers

Research Scientists

Professors

Management Consultants

Understanding the H1B Lottery System

Due to high demand exceeding the 85,000 annual cap, USCIS uses a random lottery system to select H1B petitions

400,000+

Annual Registrations

85,000

Available Visas

~20%

Selection Rate

~30%

Master's Cap Rate

How the Two-Tier Lottery Works

1

First Lottery Round

Master's Cap (20,000 visas)

Who qualifies: Beneficiaries with U.S. Master's degree or higher from accredited U.S. institutions

Process: USCIS conducts first lottery among all Master's cap eligible registrations

Higher selection probability for advanced degree holders

2

Second Lottery Round

Regular Cap (65,000 visas)

Who qualifies: All remaining registrations (including unselected Master's cap registrations)

Process: USCIS conducts second lottery for remaining 65,000 visas from the entire pool

Master's degree holders get two chances to be selected

Important: No Lottery? Consider These Alternatives

If you're not selected in the H1B lottery, consider these cap-exempt or alternative options:

  • O1A Visa - No cap, no lottery, for extraordinary ability professionals
  • EB2-NIW - Direct path to green card without employer sponsorship
  • Cap-exempt H1B positions at universities, non-profit research organizations, or government research institutions
  • L1 Visa - For intracompany transfers

H1B Visa Benefits & Advantages

Despite the lottery system, the H1B visa offers significant advantages for skilled professionals

Dual Intent Allowed

You can pursue permanent residency (green card) while on H1B status without jeopardizing your visa

Family Benefits

Spouse on H4 can apply for work authorization (EAD) if you're in the green card process. Children can attend school

Extensions Available

Can extend beyond 6 years if green card is in process under AC21 provisions

Job Portability

Can change employers through H1B transfer. Can start new job immediately after transfer petition is filed

Travel Flexibility

Can travel in and out of the U.S. freely with valid H1B visa stamp in passport

Competitive Salaries

Employers must pay prevailing wage, ensuring fair compensation for your skills and experience

H1B Application Timeline

Understanding the H1B process timeline helps you plan ahead

March 1-20

Registration Period
Electronic Registration Opens

Employers submit electronic registrations with basic information and $10 fee per registration. This is when you enter the H1B lottery pool.

Late March

Lottery Results
Lottery Selection Announced

USCIS conducts lottery and notifies selected registrants. Employers can check online portal for selection status.

April 1 - June 30

Filing Window
Petition Filing Period

Selected registrants can file complete H1B petitions (Form I-129) with USCIS. This includes:

  • Approved Labor Condition Application (LCA)
  • Supporting documentation
  • Filing fees
  • Premium processing option available ($2,500 for 15-day processing)

Processing

2-6 months
USCIS Review & Approval

USCIS reviews petitions:

  • Regular Processing: 2-6 months
  • Premium Processing: 15 calendar days
  • Possible Request for Evidence (RFE) if additional documentation needed

October 1

Employment Start
H1B Status Begins

Approved H1B beneficiaries can begin working for the sponsoring employer. This is the official start date for the H1B fiscal year.

Important Timeline Notes
  • Cap-Exempt Employers: Universities, non-profit research organizations, and government research institutions can file H1B petitions year-round without lottery
  • H1B Transfers: If already on H1B, employers can file transfer petitions anytime without going through lottery
  • Extensions: H1B extensions can be filed up to 6 months before current H1B expires
  • Cap-Gap: F-1 students with pending or approved H1B can extend their stay and work authorization until October 1

H1B Alternatives & Complementary Strategies

Don't put all your eggs in one basket. Consider these alternative and complementary visa options

O1A Visa

No Cap No Lottery Faster

For individuals with extraordinary ability in sciences, business, or technology

  • No annual quota or lottery
  • Premium processing: 15 days
  • Unlimited extensions
  • Work for multiple employers
Learn More

EB2-NIW

Green Card No Employer

Direct path to permanent residency for exceptional professionals

  • No employer sponsorship needed
  • No PERM labor certification
  • Can self-petition
  • Works with H1B status
Learn More

L1 Visa

No Cap Intracompany

For employees transferring within the same company internationally

  • No annual quota
  • L1A: Managers/Executives (7 years)
  • L1B: Specialized knowledge (5 years)
  • Requires 1 year foreign employment
Learn More

EB1A

Green Card Extraordinary

Fastest route to permanent residency for extraordinary achievers

  • Direct green card (no H1B needed)
  • No employer sponsorship
  • No PERM labor certification
  • Priority processing available
Learn More

TN Visa

USMCA Fast Processing

For Canadian and Mexican professionals under USMCA

  • No annual cap or lottery
  • Canadians: Apply at port of entry
  • Renewable indefinitely
  • Specific occupation list
Learn More

E3 Visa

Australia Only Separate Cap

Exclusively for Australian professionals in specialty occupations

  • 10,500 annual cap (separate from H1B)
  • Similar to H1B requirements
  • 2-year initial period
  • Spouse can work (E3D)
Learn More

Smart Strategy: Multi-Track Approach

Many successful professionals pursue multiple visa strategies simultaneously:

  • Enter H1B lottery while pursuing O1A qualification
  • Start EB2-NIW or EB1A green card process while on H1B
  • Build your profile for higher-tier visas (O1A, EB1A)
  • Have backup options if lottery is unsuccessful

Ready to Navigate the H1B Process?

Whether you're preparing for the H1B lottery or exploring alternative visa options, our expert team provides comprehensive guidance to maximize your chances of U.S. work authorization.

H1B Lottery Prep

Strategic registration and petition preparation

RFE Response

Expert assistance with USCIS requests

Transfer Support

Seamless H1B employer changes

Alternative Options

O1A, EB2-NIW, and backup strategies

Get Your Free H1B Assessment

  • Evaluate your H1B eligibility
  • Explore alternative visa options
  • Create your immigration strategy
  • Expert guidance from day one
Schedule Free Consultation

No obligation • Expert evaluation • Personalized plan

Important: The H1B lottery happens once a year (March). Don't wait until the last minute. Start preparing early and consider building your profile for higher-tier visas like O1A or pursuing direct green card options like EB2-NIW.

Client Testimonials

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Profession

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Profession

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Person Name

Profession

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