H-1B visa: requirements and process
The requirements for the US H-1B specialty occupation visa, the lottery and how it relates to a green card.
- The H-1B is for specialty occupations requiring a bachelor's degree or higher.
- There is an annual cap and a lottery for most new applicants.
- The employer files the petition; you cannot apply alone.
- H-1B can be a bridge to an employment-based green card.
What the H-1B is
The H-1B is a nonimmigrant visa for workers in specialty occupations that require specialised knowledge and at least a bachelor's degree.
It is employer-sponsored and initially granted for up to three years, with extensions possible.
Specialty occupation requirement
The job must normally require a bachelor's degree or higher in a specific field, and your education must match the role.
The employer must file a petition and, in most cases, obtain a certified Labor Condition Application.
The cap and lottery
Most new H-1B petitions are subject to an annual cap, and demand exceeds supply, so USCIS runs a lottery. Some employers, such as universities and non-profit research institutions, are cap-exempt.
Being selected in the lottery does not guarantee approval — the petition must still be approved.
The application process
The employer registers you during the registration period, and if selected, files the petition. You can then apply for the visa or, if already in the US, a change of status.
Timing matters, so work with your employer to meet the registration deadlines.
From H-1B to green card
H-1B status can be a bridge to an employment-based green card through the I-140 and, later, I-485.
It is a dual-intent visa, meaning you can pursue permanent residence without abandoning your H-1B status.