A U.S. employer with a legitimate business and a job opening that is a specialty occupation – requires at least a bachelor’s degree or its equivalent in a specific field – as the minimum requirement for the occupation. For example, for a Software Engineer role the foreign worker has at least a Bachelor’s degree in Computer Science, Software Engineering or a related field. Similarly, for a Civil Engineering role, the role the foreign worker has at least a Bachelor’s degree in Civil Engineering or a closely related field.

The employer must be willing to pay at least the prevailing wage or actual wage for the job opening, whichever is greater, and be able to demonstrate financial earnings sufficient enough to pay the prevailing wage to the foreign national.

The Foreign National must have been selected in the H-1B cap.

The Foreign National must have at least a U.S. bachelor’s degree or higher, or equivalent foreign degree, in the same specific field, or, a combination of related training, education and/or experience, which may include:

1. 4-year foreign Bachelor’s degrees in the field of endeavor.
2. A combination of a foreign 3-year Bachelor’s degree in the field AND at least 3 years directly related specialized experience in the field;
3. A 3-year Bachelor’s degree in the field AND a 2-year Master’s degree in the field; or
4. At least 12 years of specialized knowledge in the field.

General filing Requirements:

1. Employer files a Labor Condition Application (LCA)which is filed with the Department of Labor.
2. Employer then files Form I-129, Petition for a Nonimmigrant Worker with USCIS and includes certified LCA and all supporting documents.

Other Information:

1. Initial stay is granted for up to 3 years with one up to 3-year extension, for a maximum of 6 years. Exceptions apply to entrepreneur startups. 
2. This visa type allows for dual intent e.g. have both an nonimmigrant and an immigrant intent.
3. Laid off workers have a 60-day grace period to find new H-1B sponsor/employment. 
4. Employers are required to pay the reasonable cost of return to the home country in the event the Foreign National is terminated prior to the completion of their authorized stay and is not able to change to another visa to allow them to remain in the U.S.
5. Family can obtain H-4 visas and spouses cannot work until after I-140 approval.