H-1B Specialty Occupation Visa (USA)

The H-1B Specialty Occupation Visa allows U.S. employers to temporarily employ qualified foreign professionals in occupations that require specialized knowledge and a bachelor’s degree or higher in a specific field. It is one of the most sought-after employment visas for professionals in technology, engineering, science, healthcare, and business sectors.

Key Features of the H-1B Visa:

• Definition: The H-1B visa is a non-immigrant visa that enables foreign nationals to work in specialty occupations requiring theoretical and practical expertise. Common roles include IT professionals, engineers, financial analysts, and medical researchers.
• Employer Sponsorship: U.S. employers must sponsor the H-1B applicant by filing Form I-129 (Petition for a Nonimmigrant Worker) with the U.S. Citizenship and Immigration Services (USCIS). The employee cannot self-petition for this visa.
• Eligibility Criteria: Applicants must have at least a bachelor’s degree or equivalent in a field relevant to the offered position. The position itself must require specialized skills and knowledge at a professional level.
• Cap and Lottery System: Each fiscal year, USCIS allocates a limited number of H-1B visas (currently 85,000). When applications exceed this limit, a randomized lottery system is used to select petitions for processing.
• Duration: The initial H-1B visa is valid for up to three years and can be extended to a maximum of six years. Extensions beyond six years may be available for those with pending Green Card applications under the American Competitiveness in the Twenty-First Century Act (AC21).
• Employer Compliance: Employers must comply with U.S. Department of Labor requirements, including paying the prevailing wage, maintaining proper working conditions, and ensuring that hiring an H-1B worker does not adversely affect U.S. employees.
• Change of Employer: H-1B holders may change employers, provided the new employer files a new petition with USCIS. Employment with the new company may begin once the new petition is filed (under the “portability” provision).
• Dependents: Spouses and unmarried children under 21 may accompany the H-1B visa holder under the H-4 visa category. Certain H-4 dependents may be eligible for work authorization if the principal visa holder has an approved I-140 (Immigrant Petition for Alien Worker).
• Pathway to Permanent Residency: Many H-1B visa holders transition to lawful permanent residence (Green Card) through employment-based categories such as EB-2 or EB-3.

The H-1B visa process can be complex, involving multiple government agencies, regulatory compliance, and tight filing windows. At Visa2Migrate, we assist both employers and applicants through every step — from petition preparation and filing to compliance and Green Card transition — ensuring smooth and timely processing.