H-1B Visa Requirements: What You Need to Know Before You Apply
H‑1B Update (Effective Sept 21, 2025): A new federal policy requires a $100,000 payment to accompany certain new H‑1B petitions for workers outside the U.S. Most change‑of‑status filings (e.g., F‑1 → H‑1B) and extensions/transfers for current H‑1B holders are not subject to this fee. As of Oct 22, 2025, lawsuits are pending but the rule is in effect. USCIS requires payment via pay.gov and proof of payment with the filing. Contact Quijano Law to assess whether your case is affected.
If you're thinking about working in the United States on an H-1B visa, understanding the requirements upfront can save you time, money, and frustration.
The H-1B is one of the most common work visas for professionals in specialized fields, but the process involves more than just having a job offer.
Both the applicant and the employer need to meet specific criteria—and the details matter.
This guide will walk you through what’s required for the H-1B visa, what documents are involved, how the application process works, and where legal support can help.
SCHEDULE A CONSULTATIONWhat Is the H-1B Visa?
The H-1B is a nonimmigrant visa that allows U.S. employers to hire foreign workers for roles in specialty occupations.
These are typically jobs in fields like IT, engineering, finance, healthcare, or science—any role where a bachelor's degree or higher is normally expected.
The visa is employer-sponsored, which means an independent U.S. entity must file the petition. Entrepreneurs can sometimes create a U.S. company to petition for them, but there must still be a real employer‑employee relationship (learn more about “self-sponsoring” an H-1B visa).
A U.S. employer must offer you a job and file the appropriate paperwork with the U.S. government on your behalf.
Basic H-1B Visa Requirements
To qualify for the H-1B visa, both you and your prospective employer must meet certain eligibility requirements.
Educational Requirements
You must have at least a bachelor’s degree or its equivalent in a field that directly relates to the job.
If your degree is from outside the U.S., it may need to be evaluated for equivalency.
Specialty Occupation
The job itself must qualify as a “specialty occupation,” meaning it typically requires a degree or highly specialized knowledge.
Common examples include:
- Software developer
- Engineer
- Accountant
- Data analyst
- Architect
- Physical therapist
Employer Sponsorship
A U.S. employer must be willing to:
- File a petition with USCIS
- Pay the higher of the prevailing wage or the actual wage for the position
- Adhere to Department of Labor regulations
H-1B Visa Employer Requirements
Employers have specific legal obligations when filing an H-1B petition:
- Submit a Labor Condition Application (LCA): This goes to the Department of Labor and outlines the wages and working conditions.
- Provide notice: Post the certified LCA notice at the worksite (or provide electronic notice) for at least 10 business days before the petition is filed.
- Pay the prevailing wage: Employers must pay at least the higher of (a) the prevailing wage or (b) the actual wage paid to similarly employed workers at the worksite.
- No impact on U.S. workers: The job can’t negatively affect the working conditions of existing U.S. employees.
Documents Required for H-1B Visa Application
To prepare a complete application, you’ll typically need the following documents:
From the employee (you):
- Valid passport
- Degree certificates and transcripts
- Academic equivalency evaluation (if needed)
- Resume
- Professional licenses (if required)
From the employer:
- Signed job offer letter
- Description of job duties
- Company’s EIN
- Financial records (in some cases)
- Completed LCA
These documents are submitted as part of Form I-129, the petition your employer files with USCIS.
SCHEDULE A CONSULTATIONStep-by-Step H-1B Visa Application Process
1. Employer Submits H-1B Registration
For cap-subject cases, the registration is filed electronically and the registration fee is paid.
2. Employer files the LCA
This must be certified by the Department of Labor before moving forward.
3. Employer files Form I-129
This petition, along with all required documents, is sent to USCIS.
4. USCIS reviews the petition
USCIS may approve the petition, deny it, or issue a Request for Evidence (RFE) if more documentation is needed.
5. Attend a visa interview (if abroad)
If you're outside the U.S., you’ll attend an interview at a U.S. consulate or embassy.
H-1B Visa Cap and Lottery
Each year, the U.S. government issues a limited number of new H-1B visas:
- 65,000 under the regular cap
- 20,000 additional for applicants with a U.S. master’s degree or higher
Due to demand, most applicants are selected through a random lottery system.
Registration typically opens in March.
Common H-1B Mistakes to Avoid
- Incomplete paperwork: Missing documents or incorrect information can lead to delays or denials.
- Mismatched job duties: The job description must align closely with the applicant’s degree.
- Wage level issues: Using the wrong wage level can trigger an RFE.
Even small errors can create setbacks, so careful preparation is important.
Do You Need a Lawyer for the H-1B Visa?
The H-1B visa process is technical and the stakes can be high—especially when you're dealing with deadlines, documentation, and compliance issues.
Many employers and applicants choose to work with an immigration lawyer to help with:
- Navigating eligibility questions
- Responding to RFEs
- Organizing supporting evidence
Legal guidance may also help reduce the risk of application errors or delays.
SCHEDULE A CONSULTATIONHow Quijano Law Supports H-1B Visa Applicants and Employers
At Quijano Law, we assist employers throughout the H-1B visa process.
From assessing qualifications to preparing petitions, our goal is to provide informed, professional guidance that fits your situation.
Whether you're applying for the first time or dealing with a Request for Evidence, we can help you understand the process and make informed decisions about your options.
SCHEDULE A CONSULTATIONWhat If You Don’t Qualify for an H-1B Visa?
Not everyone will meet the specific requirements for an H-1B visa—or get selected in the lottery.
If that’s your situation, you may still have other options depending on your background, employer, or country of origin.
Here are a few alternatives:
O-1 Visa (Extraordinary Ability)
If you have a strong track record of achievement in fields like science, business, education, or the arts, the O-1 visa could be an option.
You’ll need to show national or international recognition through awards, publications, or similar evidence.
O-1 Visa (Extraordinary Ability)
This option is for employees transferring from a foreign branch of a company to a U.S. office.
It typically applies to managers, executives, or those with specialized knowledge who have worked for the company abroad for at least one continuous year within the three years immediately before the transfer.
TN Visa (For Canadians and Mexicans)
If you're a citizen of Canada or Mexico, the TN visa under the USMCA (formerly NAFTA) allows you to work in certain professional roles without going through the H-1B lottery.
It’s a faster process with less red tape.
F-1 OPT and STEM OPT Extension
If you’re an international student currently on an F-1 visa, you might be eligible for Optional Practical Training (OPT) or a STEM OPT extension, allowing you to work in the U.S. temporarily after graduation while gaining relevant experience.
Green Card Sponsorship
Although the H-1B is a temporary visa, some employers may pursue permanent residency (green card) for eligible employees through the PERM labor certification process and employment-based green card categories like EB-2 or EB-3.
While this is a longer process, it can be a more stable long-term solution.
Final Thoughts on Meeting H-1B Visa Requirements
Applying for an H-1B visa can be a complex process, but understanding the requirements—from education and job qualifications to documentation and timing—can help you approach it with confidence.
Whether you’re an employee looking to work in the U.S. or an employer hoping to bring on international talent, having the right information matters.
If you’re unsure whether you qualify or need help navigating the process, professional legal support can provide guidance tailored to your situation.
Ready to take the next step?
Reach out to explore your options.
SCHEDULE A CONSULTATIONH-1B Visa FAQs
What are the basic H-1B visa requirements?
You need a job offer from a U.S. employer, a relevant bachelor’s degree (or equivalent), and the job must qualify as a specialty occupation.
What documents are needed for an H-1B visa?
Typical documents include your passport, degree, resume, job offer letter, and evidence that the employer meets Department of Labor requirements.
Who is eligible for an H-1B visa?
Foreign professionals with typically at least a bachelor's degree in a specialized field and a job offer from a U.S. employer may be eligible.
What is the minimum salary for an H-1B visa?
The H-1B salary requirement says the offered wage must meet or exceed the higher of (a) the prevailing wage determined by the Department of Labor for the occupation and location, or (b) the actual wage paid by the employer to similarly situated U.S. workers.
Can I apply for an H-1B visa without a degree?
In some cases, equivalent work experience may substitute for a formal degree, but this requires a detailed evaluation.
How long does the H-1B process take?
Timelines vary, but from registration to petition approval, the process typically spans several months. Premium processing can shorten this.
What is the difference between H-1B regular cap and master’s cap?
The regular cap is for all qualified applicants, while the master’s cap reserves an additional 20,000 spots for those with U.S. advanced degrees.
