H-1B Specialty Occupations
I help employers and professionals review H-1B matters, including the offered role, the worker’s qualifications, cap considerations, and the proposed work arrangement.
The position normally must require a U.S. bachelor’s or higher degree in a directly related specific specialty, or its equivalent. More than one degree field can qualify if each is directly related to the actual job duties; the key is the connection between those duties and the required specialized education.
The employer must also obtain a certified Labor Condition Application (LCA) and comply with required-wage obligations, including paying at least the higher of the applicable actual wage and prevailing wage.
A useful assessment starts with the job duties, education requirements, employer information, worksite, and timing. We can then identify the issues that need attention before a petition is prepared.
See the State Department’s temporary worker visa overview. If you are moving from F-1 practical training, read our discussion of cap-gap and work authorization.
Who This Is For
This service may be useful if a U.S. employer wants to hire or continue employing a foreign professional in a specialty occupation.
It may also be useful for employees, founders, or employers trying to understand cap registration, cap-exempt options, change of employer issues, extensions, or whether another visa category may fit better.
Common Issues
Issues often arise when the position’s duties or degree requirements are unclear, the worker’s qualifications need explanation, or the employer and worksite arrangements are not documented consistently.
For a cap-subject case, check the registration and petition instructions for the relevant fiscal year. Registration, selection, petition approval, and permission to work are distinct steps; a selection alone does not authorize employment.
How I Help
I can help review the offered position, employee qualifications, employer structure, timing, cap strategy, and likely problem areas before filing.
I also help with petition strategy, document organization, job-duty explanations, specialty occupation arguments, and planning around extensions, amendments, or employer changes when appropriate.
Before You File
Do not assume that a professional job automatically qualifies for H-1B. The role needs to be framed clearly, the degree requirement must make sense, and the employer must be able to support the petition.
If the case involves a startup, founder-employee, third-party placement, remote work, multiple worksites, or a cap deadline, the strategy should be reviewed early.
If you are considering an H-1B petition, a consultation can help you review eligibility, timing, risks, and whether H-1B is the right path.