⚠️ Not legal advice. Immigration requirements change. Always consult a licensed attorney for your situation.
Eligibility Requirements
- ✓ US Bachelor's degree or equivalent in specialty field
- ✓ Job offer in a specialty occupation (architecture, engineering, medicine, IT, finance, etc.)
- ✓ Employer must be a qualifying US employer and file LCA with DOL
- ✓ Pass the H-1B lottery (85,000 cap annually)
Common Pitfalls & Challenges
- ⚠ Lottery selection is random — no guarantee
- ⚠ Specialty occupation definition is strict and often challenged in RFEs
- ⚠ Employer change requires new petition (portability under AC21 after I-140 approval)
- ⚠ H-4 dependents have limited work authorization
Visa Type
Specialty Occupation
Typical Timeline
6–18 months for initial petition plus lottery wait
Approval Rate History
| Year | Filed | Approved | Approval Rate | RFE Rate |
|---|---|---|---|---|
| 2024 | 320,000 | 272,000 | 8500.0% | 1420.0% |
| 2024 | 460,000 | 427,800 | 9300.0% | 1120.0% |
| 2024 | 780,000 | 85,000 | 1090.0% | N/A |
| 2024 | 520,478 | 386,234 | 8807.0% | 4230.0% |
| 2023 | 473,289 | 349,823 | 8788.0% | 3980.0% |
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Frequently Asked Questions
What are the basic requirements for a H-1B Visa?
Key requirements: US Bachelor's degree or equivalent in specialty field; Job offer in a specialty occupation (architecture, engineering, medicine, IT, finance, etc.); Employer must be a qualifying US employer and file LCA with DOL.
How long does H-1B Visa processing take?
Processing typically takes 6–18 months for initial petition plus lottery wait. Times vary based on USCIS workload and whether premium processing is available.
What are the most common reasons for H-1B Visa denial?
Common pitfalls include: Lottery selection is random — no guarantee; Specialty occupation definition is strict and often challenged in RFEs.