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H-1B Visa (Specialty Occupation)

Work in the U.S. in a role that typically requires a degree and specialized knowledge.

What the H-1B is

The H-1B is one of the most common U.S. work visas. It allows U.S. employers to hire highly skilled foreign professionals for positions requiring specialized knowledge (technology, engineering, business, healthcare, science, research, and more).

Key point

The H-1B is employer-sponsored: a U.S. company (or sometimes an agent) must file the petition for you. You generally cannot apply entirely on your own.

Who may qualify

  • The position must be a specialty occupation (advanced knowledge and typically at least a bachelor’s degree in a directly related field).
  • You must meet the education requirement (or a qualifying equivalent) and hold any required state license/certification for the profession.

Process overview

  • 1) LCA (Labor Condition Application): the employer files with the Department of Labor.
  • 2) H-1B petition (Form I-129): the employer files with USCIS with supporting evidence.
  • 3) Visa issuance or change of status: depending on whether you are outside or inside the U.S.

Important notes

  • Cap/lottery: many new filings are subject to an annual lottery unless the employer is cap-exempt (for example, certain academic/research settings).
  • Validity: often approved for up to 3 years and can typically be extended up to 6 years (case-dependent).
  • Portability: if you change employers, it may be possible to start with the new employer once a valid petition is filed (status-dependent).
  • Family: spouse and unmarried children under 21 may accompany in H-4 status; some spouses may qualify for work authorization in certain situations.

Founder / self-sponsored H-1B (common nickname)

There is a lesser-known pathway often called a self-sponsored H-1B. This does not mean you literally file for yourself. Instead, a U.S. company you own or control petitions to employ you in a specialty occupation role.

The main challenge

USCIS scrutinizes founder cases closely: you must prove a real employer-employee relationship even if you are an owner or founder.

What USCIS usually looks for in founder cases

  • A valid U.S. business entity (LLC, C-Corp, etc.).
  • Ability to pay the prevailing wage for the specialty occupation role.
  • Governance/oversight showing the company can supervise and control employment (e.g., board, investors, advisors).
  • Clear role description and supporting evidence that the job truly requires specialty occupation qualifications.

How we help

  • Assess whether your profile and company structure can meet the employer-employee standard.
  • Build a practical evidence checklist (role, wage, control/oversight, contracts, corporate docs).
  • Prepare and file a clear, organized petition aligned with USCIS expectations.