Visa H-1B for workers in specialty occupations
Obtain Your H-1B Visa for Specialty Worker
The H-1b visa is one of the most popular visa employed by U.S. companies to sponsor foreign workers. It is a flexible visa that allows a U.S. employer to sponsor a foreign worker for a job offer that customarily requires at least a baccalaureate degree. The H-1b is applicable to a wide array of professions, and individuals who have only recently graduated from university can potentially qualify.
It is part of a diverse set of American visas that offer unique opportunities to professionals wishing to establish themselves in the United States
Eligibility conditions
- The foreign worker must have a job offer from a U.S. employer in a profession that generally requires at least a baccalaureate degree for entry into the profession.
- The foreign worker must have at minimum a U.S. baccalaureate degree, the foreign equivalent of a U.S. baccalaureate degree, or equivalent experience. Equivalent experience is calculated on a 3-to-1 basis, with three years of experience equaling one year of university studies.
- Private sector employers will generally have to enter the foreign worker into a bi-annual lottery before sponsoring the foreign worker’s visa. Certain organizations are not subject to this lottery (referred to as “cap exempt” employers), including, nonprofit research organizations, governmental research organizations, institutions of higher education and nonprofit organizations associated with institutions of higher education (for example – a university hospital). Cap exempt employers may file an H-1b petition without entering the bi-annual lottery.
Advantages
- In terms of what is required from the foreign worker, the H-1b visa has relatively modest requirements, often requiring only the relevant formal education or equivalent years of experience from the foreign worker.
- The H-1b visa is a “dual intent” visa, which makes it much easier to maintain or even renew the visa, even after a green card petition is approved.
- The H-1b visa can be used for workers in virtually any sector, as long as the job offered requires at least a baccalaureate degree.
- The H-1b is flexible in that the foreign workers can qualify even without a baccalaureate degree, as long as they have years of relevant professional experience.
Disadvantages
- The spouse of the H-1b visa holder is not eligible for work authorization, unless the principal H-1b visa holder has an approved employment based petition (form I-140).
- A foreign worker may generally only have an H-1b visa for 6 years, in the form of two petitions of 3 years each, before having to leave the United States for 1 year to “reset” the visa. After having been abroad for one year, the foreign worker can again be sponsored for an H-1b. However, if the foreign worker is the beneficiary of an approved employment-based petition (form I-140), in certain circumstances, they can continue to be sponsored beyond the 6 year limit.
- The H-1b visa holder may only work for the employer that sponsored their visa, productive employment for any employer that did not sponsor the visa can jeopardize the foreign worker’s status.
Why choose Patriot Immigration
At Patriot Immigration, have a detailed discussion with each U.S. employer and foreign worker in order to determine if the H-1b visa is the best solution for their needs and goals, and also thoroughly analyze other possible work visas, including the L-1, E-1, E-2, O-1 and others.
If the goal is to eventually seek permanent residence (green card) for the foreign worker, we also discuss what action can be taken early in the process to ensure a smooth transition to permanent residence at a later date.
We explain to each client the common paths to a green card for H-1b visa holders, including a PERM Labor Certification (EB-2 or EB-3 visa), an EB-2 National Interest Waiver or the EB-1A visa for individuals with extraordinary ability, among others. We discuss each viable option with our clients in detail.
FAQ | H-1B Visa for workers in Specialty Occupations
What is the H-1B visa?
The H-1B visa is a U.S. temporary work visa for workers in specialty occupations (any profession that customarily requires a baccalaureate or 4 year degree): which can include jobs in the fields of engineering, computer science, healthcare, finance, research, and more. It allows a U.S. company to sponsor a foreign employee to fill a position that requires specific skills. It is one of the most sought-after visas for professionals wishing to work in the United States.
What are the requirements to obtain an H-1B visa?
To be eligible for the H-1B visa, one must:
- Have a job offer from a U.S. company willing to sponsor you;
- Have at least university degree equivalent to an American Bachelor’s Degree, or professional experience equivalent to a bachelor’s degree;
- Be in a specialty occupation recognized by USCIS;
- Participate in the H-1B lottery, unless your employer is exempt from the lottery (referred to as a “cap-exempt” institution). This is generally universities or research organizations.
How Does the H-1B Visa Lottery Work?
Each year, the United States awards about 85,000 H-1B visas through an electronic lottery. Registrations generally open in March, for jobs which begin in October. The candidate must be registered by their sponsoring employer, and the selection is made randomly. Once selected, the complete application is submitted to the United States Citizenship and Immigration Services (USCIS).
How much does an H-1B visa cost?
The government fees for the H-1B visa vary depending on the size and type of sponsoring company. The fees can be as low as $960 ($460 base fee for small employers and $500 Fraud Prevention and Detection fee) for an initial petition to as high as over $100,000, subject to the September 19, 2025 presidential proclamation, plus legal fees.
The employer is legally required to cover virtually all costs associated with filing the H-1b petition with USCIS. Therefore, the costs for the foreign workers themselves are limited, and often include only the fees associated with obtaining the final visa stamp at an embassy.
How long is the H-1B visa and can it be renewed?
The H-1B visa can be issued for an initial period of 3 years, renewable up to a maximum of 6 years. In some cases, such as if the foreign worker has an approved, employment based green card application, it is possible to extend the visa beyond this limit. The H-1B can serve as a first step towards permanent residence in the United States.
Can spouse and family accompany the H-1B visa holder?
Yes. The spouse and unmarried children under the age of 21 can obtain an H-4 visa. Spouses with an H-4 visa can, under certain limited circumstances (namely when the H-1b spouse has an approved form I-140 employment based petition), work legally in the United States. Children with an H-4 visa can attend school without an additional student visa. It is an ideal option for families wishing to move to the United States.