The H-1B Specialty Occupation Visa

Guide

The H-1B is for working in a "specialty occupation" — a job requiring at least a bachelor's degree in a specific field and the application of highly specialized knowledge (e.g., engineers, computer scientists, and many others).

Written by Diane Rish, Immigration Lawyer and Deputy Director, Talent Mobility Fund and the International Student Resource

Last updated: July, 2026

 

H-1B Requirements (the job and you)

The position must require a bachelor's degree (or the employer/industry typically requires one), and the degree must directly relate to the role.

You must have the required U.S. bachelor's degree or its foreign equivalent — and, for licensed jobs, an unrestricted state license to fully practice.

The offered wage must meet the prevailing wage set by the Department of Labor (DoL)

 

The annual cap and lottery

The number of H-1B visas are capped at 65,000 per fiscal year, plus a separate 20,000 "master's cap" for those with a U.S. master's degree or higher. Because the number of applications usually exceeds the number of H-1B visas available, the government runs a lottery each spring to randomly select the cases that will be allowed to be filed. The lottery gives more chances to be included to petitions with wages that are set at a higher level.

Cap-exempt employers — higher-ed institutions and their affiliated nonprofits, nonprofit research orgs, and government research orgs — have no numerical limit. The cap applies only to new H-1Bs, not extensions or employer changes within H-1B. → /faq/h-1b-cap-and-lottery

 

Changing jobs (portability)

Once your H-1B is approved, you can change employers if a new H-1B employer files a petition ("H-1B portability") and you may start with the new employer as soon as the petition is filed. Caution: if the new petition is denied and your prior employer withdrew theirs, you may not be able to return to the previous employer, so weigh carefully whether you should start working immediately upon filing the petition.

 

Applying and duration

To change to H-1B from another visa status within the U.S., your employer files Form I-129 with the H Supplement (after required U.S. Department of Labor filings). Initial stay is usually 3 years, extendable to 6; if you're progressing through the green-card process and hit certain milestones, you can extend beyond 6 years in 1- or 3-year increments until you get your green card.

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