H-1B Specialty Worker Visas

What makes a job an H-1B "specialty occupation"

The role must:

• Require theoretical and practical application of a body of highly specialized knowledge, AND
• Require attainment of a bachelor's or higher degree in a specific specialty (or equivalent) as a minimum for entry into the occupation.

USCIS evaluates whether the role meets at least one of four regulatory criteria: degree is normally required; the requirement is common in the industry; the employer normally requires a degree for the role; the duties are so specialized that performance requires the knowledge associated with the degree.

The annual H-1B cap

H-1B is subject to an annual cap: 65,000 regular visas plus 20,000 additional for U.S. master's degree holders. Demand vastly exceeds supply, so USCIS runs an electronic lottery in March each year. Selection probability has been roughly 1 in 4 in recent years for the regular cap and slightly better for the master's cap.

Cap-exempt employers (universities, non-profit research, government research) can file H-1B petitions year-round without entering the lottery.

How we manage employer-side H-1B cases

• Cap registration in March — entering the lottery for each prospective beneficiary.
• Petition preparation for selected candidates — Labor Condition Application, support letter establishing specialty occupation, beneficiary credentials, education evaluations for foreign degrees, public access file setup.
• Site-of-employment compliance — LCA filing for each work location, including third-party client sites.
• Transfers and extensions — porting H-1B between employers (no new cap needed once approved); extensions beyond 6 years for those with PERM/I-140 in process.
• RFE responses on specialty-occupation, employer-employee relationship, and beneficiary qualifications.

Common pitfalls

• Roles that USCIS does not consider specialty occupations — generic IT roles without a specific degree requirement, business analyst positions where any degree would do, "computer specialist" titles without further specification.
• Third-party placement — the Defensor decision and subsequent guidance require the petitioning employer to maintain control over the work even at end-client sites. Documentation matters.
• Beneficiary qualification gaps — degree in the wrong field, or work experience claimed instead of a degree without proper credential evaluation.
• LCA wage compliance — paying the higher of the prevailing wage or actual wage at the location and skill level.