Key takeaways
- The job must be a specialty occupation requiring at least a bachelor's degree in a specific field.
- You must have the degree (or equivalent) that the role requires.
- Your employer must pay the required wage and meet LCA obligations.
The H-1B lets U.S. employers hire foreign professionals in specialized roles. Before the lottery and the paperwork, it helps to know whether you and the job actually meet the requirements. Here they are, in plain terms.
1. The Job Must Be a Specialty Occupation
This is the core requirement. The position must normally require at least a bachelor's degree (or higher) in a specific field. Signs a role qualifies:
- The duties are specialized and complex
- A specific degree is genuinely needed to do the work
- Similar employers require a similar degree for the role
2. You Must Have the Right Qualifications
- A U.S. bachelor's degree (or higher) in the required field, or
- A foreign degree found equivalent to a U.S. degree, or
- A combination of education and experience that equals the required degree, or
- A required license, where the profession needs one
3. The Employer Must Meet Conditions
- File a Labor Condition Application (LCA) with the Department of Labor
- Pay at least the required wage for the role and location
- Maintain a genuine employer-employee relationship and the proper worksite
"The H-1B is not just about your degree. The job itself has to truly require that degree — that is what most denials turn on."
Also Keep in Mind
- The H-1B is capped, so most candidates go through the lottery first (some employers, like certain universities and nonprofits, are cap-exempt).
- H-1B status has time limits, with possible extensions tied to a green card process.
- Your spouse and children may qualify for H-4 status.
A general guide, not legal advice.
Immigration rules and fees change, and every case is different. For help with your specific situation, talk to a licensed immigration attorney before you act.
