Updated November 11, 2026

H-1B visa requirements: job, degree, LCA, cap and employer rules

To qualify for an H-1B visa, a US employer must sponsor you for a specialty occupation. The position must require specialized knowledge and at least a bachelor's degree in a directly related specific specialty, according to USCIS. Your employer must receive a certified Labor Condition Application from the Department of Labor before filing Form I-129, and Congress limits new cap approvals each fiscal year to 65,000 plus a 20,000 US advanced degree exemption.

What are the core H-1B visa requirements at a glance?

An H-1B petition has two distinct legal halves that must align: the offered position must qualify as a specialty occupation, and you must hold the degree, unrestricted license, or equivalent progressive experience to perform it. You cannot self-petition for an H-1B visa. A US employer or agent must sponsor you and file on your behalf.

USCIS divides the H-1B classification into three subcategories. Most professionals apply under H-1B Specialty Occupations, while separate rules govern H-1B2 Department of Defense cooperative research and development project workers and H-1B3 fashion models of distinguished merit and ability.

H-1B subcategories and baseline requirements from USCIS

What makes a job an H-1B specialty occupation?

Under USCIS regulations at 8 CFR 214.2(h)(4)(iii)(A), a job does not become a specialty occupation simply because an employer assigns an advanced title or prefers a college graduate. The occupation must require both the theoretical and practical application of a body of highly specialized knowledge, and the attainment of a bachelor's or higher degree in a directly related specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. Qualifying fields include architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts.

Two regulatory definitions govern every specialty occupation petition. Under 8 CFR 214.2(h)(4)(ii), directly related means there is a logical connection between the required degree (or its equivalent) and the duties of the position. In the four-part test below, normally means conforming to a type, standard, or regular pattern, what is usual, typical, common, or routine. USCIS explicitly states that normally does not mean always.

To establish that an offered position is an H-1B specialty occupation, the job must satisfy at least one of these four criteria:

• Normally the minimum entry requirement for the occupation: A US bachelor's or higher degree in a directly related specific specialty, or its equivalent, is normally the minimum entry requirement for the particular occupation.
• Industry standard in parallel positions: A US bachelor's or higher degree in a directly related specific specialty, or its equivalent, is normally required to perform job duties in parallel positions among similar organizations in the employer's industry in the United States.
• Employer's or third party's normal requirement: The employer, or the third party if you will be staffed to that third party, normally requires a US bachelor's or higher degree in a directly related specific specialty, or its equivalent, to perform the job duties of the position.
• Specialized, complex, or unique duties: The specific duties of the offered position are so specialized, complex, or unique that the knowledge required to perform them is normally associated with the attainment of a US bachelor's or higher degree in a directly related specific specialty, or its equivalent.

What are the degree, license and experience requirements for the worker?

After the employer proves the job qualifies as a specialty occupation, you must establish that you personally meet the qualifications for that occupation at the time the petition is filed.

If you have completed all academic requirements for your qualifying degree but the university has not yet formally conferred the diploma when your employer files Form I-129, USCIS accepts two forms of alternate evidence: a copy of your final transcript, or a letter from the university registrar confirming that you have satisfied all degree requirements. If your institution does not have a registrar, the letter must be signed by the person in charge of educational records where the degree will be awarded.

Under 8 CFR 214.2(h)(4)(v)(A) and (B), if the specialty occupation in the state of intended employment requires a state or local professional license to practice fully, you generally must hold that license before USCIS approves the petition, rather than at the initial moment of filing. If a license is mandatory and the petition omits evidence of it, USCIS will generally issue a Request for Evidence.

Under 8 CFR 214.2(h)(4)(iii)(C), you qualify by meeting one of four specific criteria:

• Holding an accredited US bachelor's or higher degree required by the specialty from an accredited college or university.
• Holding a foreign degree evaluated as equivalent to an accredited US bachelor's or higher degree required by the specialty.
• Holding an unrestricted state license, registration, or certification that authorizes you to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment.
• Possessing education, specialized training, and progressively responsible experience equivalent to a US bachelor's or higher degree in the specialty, along with recognized expertise through progressively responsible positions directly related to the specialty.

What are the Labor Condition Application (LCA) and employer requirements?

Before submitting Form I-129 to USCIS for a specialty occupation or fashion model, your employer must submit a Labor Condition Application (Form ETA-9035 or ETA-9035E) to the Department of Labor and receive formal certification. The Department of Labor's Employment and Training Administration mandates electronic filing through the Foreign Labor Application Gateway (FLAG) system, unless an employer receives special permission from the Administrator of the Office of Foreign Labor Certification to file by mail due to a physical disability or lack of internet access. An LCA cannot be submitted more than 6 months before the employment start date, and the Department of Labor reviews LCAs within 7 working days for completeness and obvious errors.

The LCA is an attestation compliance requirement enforced by the Department of Labor Wage and Hour Division. Violations can lead to civil money penalties, back wage assessments, and debarment from sponsoring nonimmigrant or immigrant petitions for at least one year. Sponsoring employers must adhere to these core rules:

• Pay the required wage rate: Pay at least the actual wage paid to similarly qualified workers at the company or, if greater, the prevailing wage for the occupation in the geographic area of intended employment.
• Provide equal working conditions and fringe benefits: Provide working conditions that will not adversely affect other similarly employed workers, and offer the H-1B worker the same benefits offered to US staff.
• Confirm no strike or lockout: Attest that there is no strike or lockout in progress in the occupational classification at the place of employment.
• Notify workers and provide an LCA copy: Give notice of the LCA filing to the union bargaining representative or post it at the physical worksite, and provide a copy of the certified LCA to each H-1B worker.
• Maintain accurate worksite filings and notify USCIS: Maintain an accurate LCA for each permanent worksite, and notify USCIS when employment terminates or job changes require an amended petition.
• Pay petition fees and work expenses: Never require or allow the H-1B worker to pay the USCIS petition filing fee, never impose an early cessation penalty, and pay all work-related business expenses.
• Cover return transportation on early termination: If the employer terminates the worker before the authorized stay expires, the employer is liable for the reasonable costs of return transportation abroad. This liability does not apply if the worker voluntarily resigns.
• Comply with dependent and willful violator rules: Under 20 CFR Part 655 Subparts H and I, H-1B-dependent employers and willful violators must not displace a similarly employed US worker within 90 days before or 90 days after filing an H-1B petition, must inquire about displacement before placing an H-1B worker at a secondary worksite, and must actively recruit US workers. Willful violators are also subject to random Department of Labor investigations for up to 5 years.

How do the H-1B cap, lottery and wage-weighted selection work?

Congress establishes an annual statutory limit of 65,000 new H-1B statuses or visas per fiscal year, with up to 6,800 set aside for the H-1B1 program for nationals of Chile (1,400) and Singapore (5,400) under free trade agreements. Unused H-1B1 numbers roll into the next fiscal year's regular H-1B cap. An additional 20,000 petitions are exempt from the cap for beneficiaries holding a master's degree or higher earned from a US institution of higher education. If you are selected under the US master's cap based on an anticipated degree, you must hold that qualifying advanced degree at the time your employer files Form I-129, or USCIS will deny or reject the filing.

Certain employers are entirely cap-exempt: institutions of higher education, related or affiliated nonprofit entities, nonprofit research organizations, and government research organizations. In addition, under the Consolidated Natural Resources Act of 2008, H-1B workers performing services in Guam and the Commonwealth of the Northern Mariana Islands (CNMI) are cap-exempt if the petition is filed before December 31, 2029.

For cap-subject petitions, employers must register during an initial electronic window lasting at least 14 calendar days each fiscal year (for FY 2027, noon Eastern on March 4 through 5:00 p.m. Eastern on March 19, with selection notices by March 31 and petition filing beginning April 1). Employers register through a USCIS organizational account, enter the worker's valid passport details, and certify under penalty of perjury that the filing reflects a bona fide job offer without coordination to artificially inflate lottery odds. An employer may submit only one registration per beneficiary per fiscal year. USCIS removes all duplicate registrations submitted by that employer for that worker if not deleted before the window closes.

Selection uses a beneficiary-centric model: each unique individual is counted once regardless of how many companies register them. When random selection is necessary, USCIS applies a weighted selection process based on the highest Occupational Employment and Wage Statistics (OEWS) wage level that the offered salary equals or exceeds for the relevant Standard Occupational Classification (SOC) code in the area of intended employment. USCIS conducts the regular cap selection first across all registrations, followed by the 20,000 master's cap selection from remaining advanced degree candidates.

In the FY 2026 cap season, USCIS received 358,737 total registrations and 343,981 eligible registrations for approximately 339,000 eligible unique beneficiaries across approximately 57,600 unique employers, averaging 1.01 registrations per beneficiary, and selected 120,141 registrations. By our calculation from USCIS FY 2026 cap registration data, the 120,141 selected registrations represented 34.9% of the 343,981 eligible registrations, and 336,153 of the 343,981 eligible registrations (97.7%) were for beneficiaries with only a single registration.

USCIS weighted H-1B cap selection entries by OEWS wage level (effective FY 2027)

What fees are required for an H-1B registration and Form I-129 petition?

Employers filing Form I-129 must submit the required base filing fee and statutory fees set forth on USCIS Form G-1055. Fee waivers are unavailable for Form I-129, and incorrect payments cause immediate rejection. For online filings, the Department of the Treasury increased the daily credit card transaction limit, while paper filings remain subject to a lower daily card limit.

Statutory fees vary based on employer headcounts, nonprofit status, workforce composition, and petition type. The ACWIA training fee applies to initial grants, changes of employer, and first extensions with the same petitioner, but exempts higher education institutions, affiliated nonprofits, and research entities. The Fraud Prevention and Detection Fee applies to initial petitions and changes of employer, but exempts Chile and Singapore H-1B1 filings. Under a DHS final rule effective September 9, 2026, covered employers (those employing 50 or more US workers with over 50 percent in H-1B or L-1 status) must submit the Public Law 114-113 fee for all petitions except non-extension amendments.

A September 19, 2025 Presidential Proclamation introduced an additional payment for certain petitions, but on June 8, 2026, a federal court vacated the implementing guidance, and USCIS is complying with the court order.

Fees from uscis.gov (Form G-1055 and H and L Filing Fees page), as of November 2026

What the consular officer checks at your H-1B visa interview

If USCIS approves Form I-129 and you reside outside the United States, you must schedule an interview at a US embassy or consulate to receive an H-1B visa stamp, then present yourself to US Customs and Border Protection at a port of entry. The consular officer evaluates both your approved Form I-129 and the certified LCA to confirm that the job satisfies specialty occupation criteria and that your credentials match the petition.

Officers focus on several critical areas during the interview:

• Job duties and degree connection: The officer evaluates whether there is a logical connection between your specific academic coursework and your daily technical responsibilities under 8 CFR 214.2(h)(4)(ii).
• Compensation and physical worksite: The officer confirms that your offered salary equals or exceeds the wage stated on the certified LCA and that you will work at the certified geographic location.
• Third-party worksite and company ownership: If you will work at a client location, the officer checks whether third-party degree standards apply. If you hold more than 50 percent ownership or majority voting rights in the petitioner, the officer checks that the 18-month approval limit was observed.

Practice example

What are your exact job duties for this position, and how does your degree qualify you to perform them?

A strong, honest answer names two or three core duties from your employer's Form I-129 support letter in plain words and links them directly to the coursework or specialized training from your degree. Avoid reciting a memorized job description or speaking in vague terms like "I work in IT." Instead, state what you will build, analyze, or manage day to day, the specific major on your diploma or final transcript, and how the concepts from that degree apply to those tasks. If you qualified through a foreign equivalent degree or a combination of education and progressively responsible experience, be ready to state your years of progressive experience in the specialty and hand over your degree evaluation, diploma, transcripts, or state license if the officer asks. Also verify before the appointment that the job title, Standard Occupational Classification code, worksite city and state, and annual salary you state out loud match both your certified Labor Condition Application (Form ETA-9035) and your Form I-129 petition.

Under 8 CFR 214.2(h)(4)(ii) and Department of Labor Fact Sheet #62U, the consular officer checks both the certified LCA and the Form I-129 petition to confirm there is a logical connection between your required degree and the duties of the specialty occupation, and that you will work in the occupation and location specified.

This is interview practice, not legal advice. For questions about your own case, talk to an immigration attorney. Visaful is not affiliated with the U.S. government or the Department of State.