Terms & Definitions

The H-1B visa is for professionals in specialty occupations requiring highly specialized knowledge and a minimum of a bachelor’s degree in a directly related field.

To qualify, the position must:

• Require theoretical and practical application of highly specialized knowledge.
• Require at least a U.S. bachelor’s degree (or its foreign equivalent) in a directly related field.
• Meet industry standards for similar roles requiring a degree, or the employer must demonstrate the role’s complexity necessitates such qualifications.

The applicant must:

• Hold a U.S. bachelor’s or higher degree in the required field from an accredited institution.
• Have a foreign degree equivalent to a U.S. bachelor’s or higher degree.
• Possess specialized training or progressively responsible experience equivalent to a degree.
• Hold a required state license or certification, if applicable.

The H-1B program has an annual cap of 85,000 visas, distributed via a lottery system. Certain employers, such as universities and nonprofit research organizations, may be exempt from this cap. The offered salary must meet or exceed the prevailing wage for the job’s location. Initial approval is typically granted for up to three years, with possible extensions up to six years in total.

For assistance with your H-1B petition or other immigration matters, contact our office.