H-1B
Specialty occupation
The H-1B lets a U.S. employer hire you for a job that requires at least a bachelor's degree in a specific field, or its equivalent. Most employers must first be selected in an annual drawing, often called the lottery. Universities, their affiliated nonprofits, and nonprofit or government research organizations are exempt from the cap and can file at any time.
Request a consultIs the H-1B for you?
- Engineers, analysts, and other degree-level professionals with a U.S. job offer
- Graduates on F-1 OPT or STEM OPT whose employers will register them
- Researchers and staff at universities and research nonprofits, which are cap-exempt
- Workers who plan to seek a green card, which the H-1B allows
- Who sponsors
- Employer
- Typical stay
- 3 years, extendable to 6
What the case needs
- 01A job offer from a U.S. employer for a position that requires a bachelor's degree or higher in a specific specialty.
- 02A bachelor's degree or higher in a related field, a foreign equivalent, or a mix of education and experience that equals one.
- 03A Labor Condition Application (LCA) certified by the Department of Labor, in which the employer commits to pay at least the higher of the prevailing wage or what it pays similar workers.
- 04A selected lottery registration, unless the employer is cap-exempt or you have already been counted against the cap.
- 05A real position, with work available for the full period requested, including at any client sites.
- 06Any state license the job requires.
Your case, start to finish.
Before registration season, an attorney reviews each role and candidate, so the job description and the degree line up before anything is filed.
We prepare the registration, the LCA, and the petition. Our tools check that job duties, wage level, and work locations match across all three.
When a degree does not obviously match the job, we build an equivalency evaluation or a clear account of how the coursework connects to the duties.
We track each worker's key dates, including OPT end dates, the six-year limit, and extension windows, so filings go in on time.
Before you ask.
How does the lottery work?
Employers register candidates online during a set window each spring. U.S. Citizenship and Immigration Services (USCIS) selects from the registrations, and only selected employers can file a full petition. Approved workers can start as early as October 1. The selection rules have changed in recent years, so we confirm the current process when we evaluate your case.
Is there a new payment for H-1B petitions?
A 2025 presidential proclamation added a large payment for certain new H-1B petitions. Whether it applies depends on details such as where the worker is when the petition is filed. The guidance has kept changing, so we confirm the current rules for your case before filing.
Can I stay longer than six years?
In some cases, yes. If your employer started a green card case early enough, or your immigrant petition is approved but your place in line (your priority date) is not yet current, you can extend beyond six years. Time spent outside the U.S. can also be added back.
Can my spouse work?
Your spouse and unmarried children under 21 can join you in H-4 status. Some H-4 spouses can apply for work authorization, mainly when the H-1B worker has an approved immigrant petition (Form I-140) or has extended beyond six years based on a pending green card case.
Worth comparing.
O-1A
Extraordinary ability in science, business, or technology. No lottery, no annual cap.
Employer or agent · Up to 3 years, renewable
E-3
Australian professionals in specialty occupations.
Employer · 2 years, renewable
EB-2 / EB-3
The classic employer-sponsored route, through PERM labor certification.
Employer · Permanent
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