H-1B Visa Attorney

The H‑1B is a nonimmigrant visa that allows U.S. employers to temporarily hire foreign professionals in specialty occupations requiring highly specialized knowledge and at least a bachelor’s degree (or equivalent) in a specific field. It is usually granted in up to three‑year increments, for a typical maximum of six years, with limited extensions in some green‑card‑related situations.

To qualify, the job must normally require a specific degree in a specialized field, and the foreign national must have that degree (or its equivalent) in a directly related discipline. Common H‑1B specialty occupations include roles in engineering, IT and computer science, finance and accounting, architecture, mathematics, physical and life sciences, and many medical and healthcare professions.

Before filing the H‑1B petition, the U.S. employer must obtain a certified Labor Condition Application (LCA) from the Department of Labor, confirming that it will pay at least the required wage and meet certain workplace conditions. The employer then files the H‑1B petition with immigration authorities, providing detailed evidence about the position, the company, and the foreign national’s qualifications.

Many H‑1B petitions are subject to an annual numerical “cap,” with employers first submitting electronic registrations and then filing full petitions only if their registrations are selected. Because the category is employer‑ and job‑specific, the worker is generally authorized to work only for the sponsoring employer in the role described in the petition, and changes in employer or material job changes usually require a new or amended filing.

Although obtaining H‑1B status is often faster and procedurally simpler than obtaining an employment‑based green card, it remains a technical, evidence‑heavy process where careful preparation and strategy can make a meaningful difference in the outcome.

An H‑1B visa is available when there is a qualifying specialty occupation, a qualified foreign professional, and a U.S. employer willing to sponsor the position. A specialty occupation is a job that normally requires at least a bachelor’s degree in a specific field; roles that can be done without that level of specialized education generally do not qualify.

The foreign national must have the required degree or its equivalent in a field directly related to the job, plus any necessary professional license. For H‑1B purposes, an equivalent degree means education and experience that together are comparable to a U.S. bachelor’s degree in the relevant field, either through a foreign bachelor’s degree evaluated as equivalent, or a combination of post‑secondary study and progressively responsible, specialized work experience.