United States
Do I Qualify for an H-1B Visa? Requirements Explained
Jun 12, 2026
You qualify for an H-1B visa if you have a US employer willing to sponsor you, a bachelor's degree (or equivalent experience) in a field related to the job, the role qualifies as a "specialty occupation," and the employer pays at least the prevailing wage. Qualifying is only step one — you also need to be selected in the H-1B lottery, with roughly 25-30% selection odds in recent years.
Who this applies to
You are evaluating H-1B as a work-visa option for the US. This guide separates the eligibility test (which you control) from the lottery (which you don't), and shows where alternatives apply.
The 4 eligibility requirements
| # | Requirement | What it means |
|---|---|---|
| 1 | Sponsoring US employer | A US-incorporated employer files Form I-129 on your behalf |
| 2 | Bachelor's degree | US bachelor's, foreign equivalent, or 12 years of relevant experience (3 years = 1 year of degree) |
| 3 | Specialty occupation | Role normally requires at least a bachelor's in a specific field |
| 4 | Prevailing wage | Employer pays at least the DOL prevailing wage for the role + location |
If you meet all four, you are eligible. Whether you get to use H-1B depends on lottery selection or cap-exempt status.
What counts as a "specialty occupation"?
USCIS evaluates whether the role normally requires a degree in a specific field. Strong specialty occupations:
- Software engineer (CS, EE, related)
- Data scientist (statistics, math, CS, related)
- Physician (medicine)
- Architect (architecture)
- Engineer (specific engineering discipline)
- Accountant (accounting, finance)
- Lawyer (JD)
- Research scientist (PhD or related field)
Borderline / scrutinised roles in 2026:
- Generic "business analyst" without a specific degree requirement
- "Marketing manager" if employer can't show a degree-field connection
- Entry-level "consultant" roles
- Roles where the actual duties don't match the job title
Master's-cap eligibility
If you have a US-earned master's degree or higher, you get a second draw in the H-1B lottery under the "master's cap." Effective combined selection odds rise from ~25-30% to ~40-50%.
Important: only US-earned master's qualifies. A foreign master's does not.
Cap-exempt H-1B (no lottery)
Certain employers are exempt from the H-1B cap entirely:
- Institutions of higher education
- Non-profit organisations affiliated with institutions of higher education
- Non-profit research organisations
- Governmental research organisations
If you work for a cap-exempt employer, you file H-1B at any time of year and skip the lottery completely. Eligibility requirements (degree, specialty occupation, prevailing wage) still apply.
The prevailing wage requirement
The Department of Labor publishes prevailing wages by occupation and geographic area. The employer's wage offer must equal or exceed the prevailing wage for one of four "wage levels" (entry, qualified, experienced, fully competent).
For 2026, prevailing wage for software engineers in major metros (SF, NYC, Seattle) at Level 1 runs roughly $90k-$120k; Level 4 can exceed $200k. The role's wage level affects both the H-1B filing and any future green card filing.
Lottery odds — what to expect
Recent regular-cap selection rates:
| Year | Registrations | Selection rate |
|---|---|---|
| FY2023 | 308,000 | ~28% |
| FY2024 | 781,000 | ~14% (multi-registration crackdown caused subsequent reform) |
| FY2025 | 470,000 | ~26% |
| FY2026 | ~440,000 | ~30% |
After USCIS cracked down on multi-registration fraud in 2024, the registration count dropped and selection rates recovered. Assume 25-30% for planning.
Common mistakes
Filing without a "specialty occupation" theory. USCIS frequently issues RFEs (Requests for Evidence) challenging whether a role is truly a specialty occupation. Job descriptions must be specific about the degree field required and how duties map to that degree.
Underestimating prevailing wage. Wage offers below prevailing wage are denied. For senior roles, the prevailing wage may be higher than the employer's initial offer — expect a salary bump as part of the LCA process.
Multiple lottery registrations through related companies. USCIS bars beneficiaries from being registered by multiple companies under common ownership / control. This is now actively policed.
Assuming a foreign master's qualifies for the master's cap. It doesn't. Only a US-earned master's or higher.
Forgetting cap-exempt routes. Many candidates assume H-1B = lottery. Cap-exempt employers are a real, year-round alternative.
How H-1B compares to alternatives
| Visa | Sponsor required | Lottery? | Time to status |
|---|---|---|---|
| H-1B (regular cap) | Yes | Yes (March) | Oct 1 if selected |
| H-1B (cap-exempt) | Yes (specific employer types) | No | 30-180 days |
| O-1A | Yes (employer or agent) | No | 15 days premium / 90 days |
| L-1 | Yes (multinational) | No | 15-120 days |
| TN | Yes (US offer) | No | 1-30 days (CA / MX only) |
| E-3 | Yes (US offer) | No | 15-60 days (AU only) |
| E-2 | No (self-fund) | No | 30-120 days (treaty country) |
If you're Canadian, Mexican, or Australian, you likely have a faster non-lottery option (TN or E-3). If your record is strong, O-1A bypasses the lottery for everyone.
FAQ
How many H-1B chances do I get?
Each year you have a sponsor, you can be entered in that year's lottery. With three lottery cycles (e.g., during STEM OPT), you have roughly a 60% cumulative chance of at least one selection.
Can I switch H-1B employers?
Yes, with H-1B portability. A new employer can file an H-1B transfer petition; you can start work the day USCIS receives the petition.
Can my spouse work?
H-4 spouses can apply for an EAD if you have an approved I-140 (green card petition) or are in the 7th-year extension territory. Otherwise H-4 spouses cannot work.
How long can I stay on H-1B?
The standard maximum is 6 years (initial 3 + extension 3). If you have an approved I-140 or pending PERM 365+ days, you can extend in 1-3 year increments indefinitely.
What's the H-1B1?
H-1B1 is a small annual cap (6,800 combined) for Chilean and Singaporean nationals. It's rarely fully used — effectively functions without a lottery if you're from one of those countries.
Not sure which applies to you? Find every visa you qualify for across the US, UK, Australia, and Canada in 2 minutes — free.
