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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.

Key Facts

  • Initial period: 3 years
  • Maximum stay: 6 years (extensions available)
  • Annual cap: 65,000 (+ 20,000 master’s exemption)
  • Lottery: Required for cap-subject petitions
  • Employer-sponsored: Yes
  • Dual intent: Yes — H-1B holders may pursue permanent residence

Timing

  • USCIS accepts H-1B cap petitions beginning April 1 for October 1 start dates
  • Premium processing (15 business days) available
  • Cap-exempt petitions may be filed year-round

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.

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Schedule a consultation to discuss your visa options.

See Also

Last updated: May 14, 2026

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