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Am I eligible for H-1B, and does my job qualify?

H-1B tests the job and the person separately: the job must be a specialty occupation, you must qualify for it, and your employer — not you — does the filing. Start with the question closest to your situation.

QUESTION 01

What is H-1B, in plain language?

A temporary classification that lets a U.S. employer employ a worker in a specialty occupation — the job comes first, and the employer files. Read the H-1B guide for employees

QUESTION 02

What counts as a “specialty occupation”?

A job that normally requires a bachelor's degree or higher in a specific field directly related to the work — and your degree or its equivalent must match it. Read the H-1B guide for employees

QUESTION 03

Can I file H-1B myself, or must my employer do it?

Your employer must do it — the employer is the petitioner for registration, the Labor Condition Application, and Form I-129; there is no self-petition route. Read the H-1B guide for employees

QUESTION 04

Which employers are cap-exempt?

Institutions of higher education and their affiliated or related nonprofit entities, nonprofit research organizations, and government research organizations — cap-exempt filing skips registration, not the other requirements. Read the H-1B guide for employees

QUESTION 05

How long does H-1B last?

Generally admitted for up to 3 years at a time, generally extendable for up to 3 more, for a total of 6 years — with extensions beyond that only in the specific circumstances the guide sets out. Read the H-1B guide for employees

QUESTION 06

Can I change employers or 'transfer' my H-1B?

This question turns on the new employer's petition and your current status. A dedicated guide is in preparation.

QUESTION 07

I am finishing OPT — when should my employer start, and what is the cap-gap?

Timing depends on the registration period, selection, and your own OPT dates. A dedicated guide is in preparation.

Official sources

Guides on this page are verified against official sources before publication. Official starting point: USCIS — H-1B Specialty Occupations.

General information based on official sources — not a confirmation for your case. Always check the linked official page.

General educational information, not individualized legal advice. Follow official instructions and consult a qualified U.S. immigration attorney for case-specific questions.