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H-1B Specialty Occupation Visa Attorney | Harari Law

By Talia Harari, Attorney at Law. Updated September 2026.

The H-1B lets a U.S. employer hire a foreign professional for a job that requires at least a bachelor’s degree in a specific field. The employer files the petition. Most new cases go through an annual lottery, and status runs up to three years at a time, generally six in total.

Key Takeaways

  • The annual cap is 65,000, plus 20,000 for holders of U.S. master’s or higher degrees.
  • When registrations exceed the cap, USCIS now runs a selection weighted by wage level.
  • Universities and certain nonprofit and government research employers are cap-exempt.

Who Qualifies

  • The job is a specialty occupation that normally requires a bachelor’s degree or higher in a specific field.
  • You hold that degree or its equivalent, which can include experience.
  • The employer files a Labor Condition Application and pays the required wage.
  • Cap cases need a March registration that is selected first.

Many eligible workers are not selected. A 2025 proclamation added a large payment for certain new petitions for workers abroad; it is in litigation, so we check it before filing. See the USCIS H-1B page.

How We Handle It

  1. Consultation. We learn the role and your background.
  2. Strategy session with our legal team. We confirm cap status and the registration timeline.
  3. Evidence and preparation. We document the degree, duties and wage.
  4. Review and filing. We review the petition with you, then file.

No-lottery alternatives include the O-1, the TN for Canadian and Mexican citizens, and the L-1 for transfers within a company.

Ready to talk through your H-1B case?

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Flat fee, quoted in full before we begin. Admitted in New York, representing clients nationwide and abroad.

Frequently Asked Questions

Can I apply for an H-1B on my own?

No. A U.S. employer must file, though founders can sometimes be sponsored by their own company.

What if I am not selected in the lottery?

You can register again next year, and we look at no-lottery options such as the O-1 or TN.

Can I get a green card while on an H-1B?

Yes. The H-1B allows dual intent.

Related: all the visas we handle, O-1 vs H-1B, E-2 vs H-1B.

This article is general information from Harari Law, not legal advice, and does not create an attorney-client relationship. Immigration law and agency policy change; outcomes depend on individual facts. Prior results do not guarantee a similar outcome.