H-1B Specialty Occupation

H-1B Specialty Occupation Visa

The H-1B is the most widely used temporary work visa in the United States, primarily used by technology, finance, engineering, and healthcare professionals. It requires a US employer sponsor and is subject to an annual numerical cap that results in a randomized lottery each year.

Specialty Occupation Requirement

A "specialty occupation" requires: 1. Theoretical and practical application of a body of highly specialized knowledge 2. At minimum, a bachelor's degree (or equivalent) in a specific specialty

Examples: software engineer, data scientist, financial analyst, architect, physician, accountant, lawyer (in certain roles).

Annual Cap and Lottery

Only 85,000 H-1B visas are issued annually: - 65,000 for general population - 20,000 additional visas reserved for US master's degree holders

For fiscal years where demand exceeds supply (which has been nearly every year since 2007), USCIS conducts a computer-based random lottery in March. Registration opens in early March, and lottery results are announced in March–April.

Cap-Exempt Employers

Some employers are exempt from the annual cap and can hire H-1B workers year-round: - Universities and non-profit research institutions - Government research organizations - Non-profit entities related to universities

Key Features

• Initial period: 3 years; extendable to 6 years
• Dual intent: H-1B holders can pursue green card simultaneously
• H-4 dependent visas: Spouses and children under 21 may receive H-4 status; certain H-4 spouses (with approved I-140) may receive EAD
• Portability: With an approved I-140 for 180+ days, H-1B can port to a new employer

Fiscal Year and Timing

H-1B employment begins October 1 of each fiscal year. Petitions must be filed 6 months prior (April 1 at the earliest).