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H-1B Specialty Occupation Visas
Tatiana Aristova, Esq. (Admitted in PA, NJ)
Member of American Immigration Lawyers Association (AILA)REQUEST A CONSULTATIONThe H-1B visa lets U.S. employers hire foreign professionals in specialty occupations — roles that normally require at least a bachelor's degree in a specific field. It is the most widely used professional work visa, covering engineers, IT and data specialists, scientists, financial analysts, architects, physicians, and many other degreed professionals.
Tatiana S. Aristova, Esq. brings over 25 years of business-immigration experience and an NYU MBA to H-1B cases — preparing the Labor Condition Application, documenting the specialty occupation, and navigating the annual H-1B registration (lottery) so your petition is positioned to succeed.
Whether you are an employer sponsoring talent or a professional seeking sponsorship, Ms. Aristova will build a well-documented petition and map the path toward permanent residency — typically through PERM labor certification and EB-2 or EB-3, with EB-1 or EB-2 NIW available for those who qualify.
Who Qualifies For An H-1B Visa?
The H-1B visa has two sides to the eligibility test: the job must qualify as a specialty occupation, and you must be qualified to perform it. Both turn on the evidence — exactly where experienced counsel makes the difference.
The Specialty Occupation
The position itself must qualify as a specialty occupation by meeting at least one of these tests:
- 01A bachelor's degree or higher (or its equivalent) is normally the minimum requirement to enter the role
- 02The degree requirement is common to the industry, or the job is so complex it can only be performed by someone with a degree
- 03The employer normally requires a degree or its equivalent for the position
- 04The duties are so specialized and complex that the knowledge required is associated with a bachelor's or higher degree
The Professional (Beneficiary)
You must show you are qualified to perform the specialty occupation through:
- 01A U.S. bachelor's or higher degree required by the specialty occupation, or a foreign equivalent
- 02Education, specialized training, and/or progressively responsible experience equivalent to the required degree
- 03Any state license, registration, or certification required to fully practice in the occupation
- 04An employer-filed, DOL-certified Labor Condition Application committing to at least the required wage
H-1B vs. O-1 — Which Visa Fits?
Professionals often weigh the H-1B against the O-1. The H-1B is the standard route for degreed specialty roles but is capped and subject to a lottery; the O-1 has no cap and no lottery but requires a much higher showing of acclaim. Here's how they compare.
| H-1B Specialty Occupation | O-1 Extraordinary Ability | |
|---|---|---|
| Who it's for | Degreed professionals filling a specialty occupation. | Individuals at the top of their field with national or international acclaim. |
| Standard of proof | The role requires a specialty degree and you hold it (or its equivalent). | Extraordinary ability — at least 3 of 8 criteria, or a major one-time award. |
| Annual cap / lottery | Subject to the 65,000 + 20,000 master's-cap lottery, unless the employer is cap-exempt. | No annual cap and no lottery. |
| Employer / sponsor | A U.S. employer files the petition and a certified Labor Condition Application. | A U.S. employer or agent files the petition; no self-petition. |
| Duration | 3 years, extendable to 6 (and beyond while a green card is pending). | Up to 3 years, then 1-year extensions to continue the same activity. |
| Path to a green card | Dual intent — commonly PERM with EB-2 or EB-3. | Strong bridge to EB-1A or EB-2 NIW permanent residency. |
The H-1B Process, Step By Step
Confirm The Specialty Occupation
We assess the role and your credentials to confirm the position qualifies as a specialty occupation and that you meet the degree requirement.
Register For The H-1B Lottery
For cap-subject cases, we complete the electronic registration during the spring window and track the selection results. Cap-exempt employers skip the lottery and may file year-round.
File The Labor Condition Application
We obtain a certified LCA from the Department of Labor, committing the employer to pay at least the required wage and to meet the working-condition rules.
Prepare & File The I-129 Petition
We assemble Form I-129 with the H supplement, evidence of the specialty occupation, your qualifications, and the employer's ability to pay — premium processing available where speed matters.
Approval, Status & The Green-Card Plan
After approval we guide consular processing or change of status, H-4 dependents, and extensions — and plan toward permanent residency, typically PERM with EB-2/EB-3, or EB-1/EB-2 NIW where you qualify.
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