H1B Frequently Asked Questions
Key Takeaways
- H‑1B is a temporary work visa for "specialty occupations" generally requiring a U.S. bachelor’s degree (or equivalent) in a directly related field.
- Foreign degrees, or a mix of education and work experience, can meet the degree requirement if shown equivalent to a U.S. bachelor’s.
- Employers must file a Labor Condition Application (LCA) with the U.S. Department of Labor (DOL) and pay the greater of the prevailing wage or the actual wage.
- H‑1B status is normally limited to six years, but extensions are available when green‑card (permanent residence) processing is underway — e.g., one‑year extensions after a PERM or immigrant petition has been pending 365+ days, or three‑year extensions when an I‑140 is approved but the priority date is not current.
- Many petitions are subject to the annual H‑1B cap and lottery; premium processing (a faster fee-based option) is available for many petitions, though timing and availability can vary.
Overview: what is H‑1B?
The H‑1B is a nonimmigrant classification that allows a foreign national to work in the United States in a "specialty occupation" — a job that requires the theoretical and practical application of highly specialized knowledge and at least a bachelor’s degree in a field directly related to the role. USCIS (U.S. Citizenship and Immigration Services) adjudicates H‑1B petitions; the Department of Labor (DOL) handles wage attestations through the Labor Condition Application (LCA). For most people, H‑1B status is granted for up to six years, typically in increments of up to three years.
Who qualifies and how degree equivalency works
To qualify, the offered position must ordinarily require a bachelor’s degree (or higher) in a specific field and the beneficiary must possess that credential or its equivalent at filing. A foreign degree that is equivalent to a U.S. bachelor’s counts, and in some cases a combination of foreign education and work experience — or experience alone deemed equivalent to a bachelor’s — can meet the requirement. Notably, a generic bachelor’s (for example, in "Business Administration") usually will not establish that the job itself is a specialty occupation; the degree must be directly tied to the duties of the role.
Employer obligations, wages, and the green‑card connection
Employers must file an LCA with the DOL attesting to wages and working conditions and must pay the H‑1B worker at least the higher of the prevailing wage (a locality-based benchmark) or the actual wage paid to similarly situated employees. Many H‑1B holders transition toward permanent residence: if an employer files a PERM labor certification or an immigrant petition for the worker, certain statutory provisions allow H‑1B extensions beyond six years — for example, one‑year extensions after a PERM or I‑140 has been pending 365 days, and three‑year extensions where an I‑140 is approved but the worker’s priority date (their place in line for a green card) is not current. These rules aim to prevent disruption for workers caught in green‑card backlogs.
What this means for applicants and employers now
For workers, the H‑1B remains a common route to U.S. employment but demands careful documentation of degrees and job requirements; those relying on foreign credentials or experience should expect credential evaluations and thorough legal support. Employers must budget for wages that meet DOL standards and be prepared for annual cap and lottery dynamics that affect hiring timelines. For anyone mid‑process on an employer‑sponsored green card, the extension provisions offer critical continuity — but delays in visa bulletin movement can still leave workers in limbo. Seek qualified immigration counsel for case‑specific guidance, because details matter in credential evaluation, wage determinations, and extension eligibility.
Source: Original Article