An H-1B petition usually requires a specialty occupation position, a worker with the required degree or equivalent, employer sponsorship, wage compliance, and careful timing around cap or cap-exempt rules.
Informational content only. Immigration rules, fees, forms, and agency timing can change.
What H-1B is designed for
H-1B is for specialty occupation employment where the role normally requires specialized knowledge and at least a bachelor's degree or equivalent in a related field.
Evidence to review
H-1B strategy should connect the job duties, employer needs, degree field, worker credentials, and wage requirements.
- Detailed job description and minimum requirements
- Worker's degree, transcripts, evaluations, or experience records
- Employer information and worksite details
- Cap registration or cap-exempt basis where relevant
- Status history and timing for change of status or consular processing
H-1B review points
| Topic | What to review |
|---|---|
| Specialty occupation | Job duties and normal degree requirement |
| Worker qualification | Degree field, transcripts, evaluations, or experience |
| Timing | Cap, extension, transfer, start date, and status expiration |
| Employer support | LCA, worksite, wage, and company evidence |
Confirm the job and employer details
Review whether the position fits a specialty occupation and whether the employer can support the petition.
Check cap timing and status
Determine whether the case is subject to the H-1B cap and whether the worker needs change of status, extension, transfer, or consular processing.
Prepare evidence for USCIS
The filing should explain why the job qualifies and how the worker meets the requirements.
Timeline
H-1B timing depends on cap registration windows, start-date rules, employer readiness, USCIS processing, premium processing availability, and any RFE.
Filing costs and legal fees
H-1B fees are category-specific and may include employer-paid fees. Legal fees should be discussed after we review the employer, role, and filing type.
When to contact an attorney
- An OPT, STEM OPT, I-94, or current H-1B deadline is approaching.
- The employer is unsure whether the position qualifies.
- There is an H-1B RFE about specialty occupation, wage, employer-employee relationship, or maintenance of status.
- The worker is changing employers or moving from cap-exempt to cap-subject employment.
Common questions
Does H-1B always require the lottery?
No. Many private employers are cap-subject, but some employers and petitions may be cap-exempt or not require a new lottery.
Can H-1B lead to a green card?
It can be part of a longer-term plan, but the green card process is separate and should be reviewed independently.
Next step
Talk through your situation with an attorney.
Immigration outcomes depend on your history, timing, and evidence. Gather relevant documents before contacting us so the conversation can be more useful.