WORK VISA — H-1B
Specialty Occupation
The most widely used work visa for professionals in technical, scientific, engineering, and business fields requiring specialized academic preparation.
OVERVIEW
What Is the H-1B?
The H-1B visa authorizes U.S. employers to temporarily employ foreign nationals in specialty occupations — positions that require the theoretical and practical application of highly specialized knowledge and a minimum of a bachelor’s degree (or equivalent) in a specific field.
H-1B status is granted for an initial period of three years, extendable to six years total. Certain individuals with pending employment-based green card petitions may be eligible for extensions beyond six years under AC21.
WHO QUALIFIES
Eligibility
- The position must qualify as a specialty occupation under 8 C.F.R. § 214.2(h)(4)
- The beneficiary must hold a U.S. bachelor’s degree or foreign equivalent in the specific specialty, or possess progressively responsible experience equivalent to such a degree
- The employer must obtain a certified Labor Condition Application (LCA) from the Department of Labor prior to filing
- The petition must be filed by a qualifying U.S. employer — H-1B is an employer-sponsored visa
- Most positions subject to the annual statutory cap require selection in the H-1B lottery (65,000 regular cap + 20,000 U.S. master’s exemption)
CAP EXEMPTIONS
Certain employers are exempt from the annual cap and lottery: institutions of higher education, nonprofit entities related to or affiliated with such institutions, and nonprofit or governmental research organizations. Employees working at such organizations — even if employed by a third party — may also qualify for cap exemption.
THE PROCESS
How It Works
- Position analysis: We evaluate the role against USCIS specialty occupation standards and precedent decisions
- LCA filing: Your employer files a Labor Condition Application with the Department of Labor, certifying prevailing wage compliance
- Petition preparation: We prepare Form I-129 with a detailed support letter, educational equivalency analysis if needed, and employer documentation
- Lottery registration: For cap-subject cases, electronic registration is submitted in March; selection is randomized
- Adjudication: USCIS reviews the petition; premium processing is available to accelerate the decision
- Consular processing or COS: The beneficiary either obtains an H-1B visa stamp abroad or changes status within the U.S.
WHY LEX NAUTICA
Technical Cases Require Technical Counsel
H-1B RFEs (Requests for Evidence) frequently challenge whether a position truly qualifies as a specialty occupation. For engineering, nuclear, aerospace, and defense roles, that challenge requires counsel who can explain the technical nature of the work with authority — not approximation. Aaron Weisman’s background in nuclear reactor operations, FAA-certified aerospace programs, and intellectual property litigation provides that foundation.
Last updated: May 14, 2026