How Do I Qualify for an H-1B Visa?

Matthew Thomas

Temporary foreign workers in some high-skilled professions are eligible for the H-1B non-immigrant visa in the United States. It is one of the most popular options for foreign professionals seeking employment in the United States.

In this article, we’ll take a close look at what it takes to get an H-1B visa and whether or not you qualify.

Occupation Requirements

First and foremost, the position for which the H-1B visa is being sought must be considered a specialty occupation. Jobs in the domains of information technology, engineering, healthcare, finance, and other related industries are examples of this. The position must call for a bachelor’s degree or its equivalent in order to be considered.

Educational Qualifications

There are academic requirements for the position, as well as for the prospective employee. The applicant must hold a bachelor’s degree or higher in the relevant discipline. It is possible to substitute a mix of education and work experience for a degree in certain circumstances.

Employer Sponsorship

An H-1B visa requires a petition to be filed on an applicant’s behalf by a U.S. employer. The company must be willing to hire the candidate and show that the position is suitable for specialist employment.

Labor Condition Application (LCA)

The company must first get a Labor Condition Application (LCA) certification from the Department of Labor before submitting an H-1B petition. The LCA guarantees that the H-1B worker will be paid the local going rate for their occupation.

Quota and Lottery System

The annual limit or cap established by the United States government is one of the major obstacles to acquiring an H-1B visa.

Each fiscal year, a maximum of 85,000 H-1B visas were made available, with the first 65,000 reserved for those with bachelor’s degrees or higher from U.S. institutions, and the remaining 20,000 reserved for those with master’s degrees or higher.

When the number of applicants is more than the number of places, a random drawing is held to determine the winners.

Specialty Occupation Documentation

The employer must produce documentation outlining the job’s unique responsibilities, educational prerequisites, and other pertinent information to demonstrate that the position meets the criteria for a specialist profession. This is essential in proving that the position qualifies for an H-1B visa.

Prevailing Wage Requirement

The H-1B worker must be paid a wage that is at least the prevailing rate for the occupation in the location where they will be working. The prevailing wage is established by considering both the nature of the work and the location.

Non-Discriminatory Hiring

The hire of an H-1B worker is not going to negatively impact the working conditions of U.S. employees, and the company must prove that they do not discriminate against U.S. workers.

Employer-Employee Relationship

To sponsor an H-1B worker, a business must demonstrate that an employment relationship exists between the two parties. This means that the employer is responsible for the employee’s employment-related actions and has the right to direct, control, and oversee the employee’s work.

Duration of H-1B Status

The standard duration of H-1B status is three years, with a maximum stay of six years possible through extensions. If the H-1B worker is applying for permanent residency (a green card) or has spent time outside the U.S. while on H-1B, they may be eligible for an extension.


Dependents of H-1B visa holders, including spouses and children under 21, can enter the country on H-4 visas. In general, H-4 visa holders may reside in the United States but are restricted from working.

Dual Intent

The H-1B visa’s “dual intent” provision is one of its many benefits. It’s possible for H-1B visa holders to concurrently intend to work temporarily as a non-immigrant and to immigrate permanently as a resident.

The Final Words

It is crucial to meet all qualifying criteria and complete the appropriate steps in order to obtain an H-1B visa in the United States.

For the most up-to-date information, it is important to speak with an immigration attorney or review the most recent updates provided by U.S. Citizenship and Immigration Services (USCIS).

Understanding the qualifications and requirements for an H-1B visa is the first step toward achieving your career goals in the land of opportunity if you are a highly qualified professional looking to work in the United States.

Share This Article
Immigration attorney Matthew Thomas has 10+ years of expertise. He helps people and families navigate the complicated immigration procedure and achieve their goals. Matthew Thomas has helped customers get visas, green cards, and citizenship through comprehending U.S. immigration regulations. Matthew Thomas volunteers in community events to educate immigrants and promote awareness of immigration issues in addition to his legal practice. Matthew Thomas is a trusted immigration attorney that provides tailored and effective counsel.