H-1B Visa Requirements
Created by FindLaw's team of legal writers and editors | Last updated June 20, 2016
H-1B visas are reserved for non-immigrant foreign nationals in specialty occupations or in possession of special skills considered lacking among domestic workers. The three categories of workers eligible for H-1B visas, which are limited in number each year, are as follows:
- H-1B: Those performing services in a specialty occupation
- H-1B2: Those providing extraordinary services for a U.S. Dept. of Defense (DOD) research and development project
- H-1B3: Those working as fashion models of distinguished merit
H-1B visa requirements for those who wish to apply are specific to each of the three different categories listed above. For information about how to apply, see FindLaw's guide to the H-1B Visa Application Process.
H-1B Visa: Specialty Occupations
To qualify as a specialty occupation, a given position must meet one of the following criteria:
- A bachelor's degree or its equivalent is the minimum application requirement
- The degree requirement must be common to the job or the position must be so complex that only an individual with that degree can perform it
- The employer must typically require a degree for the position
- The duties of the job are so specialized and complex that the attainment of a bachelor's degree or higher is required (see 8 CFR 214.2(h)(4)(iii)(A) for more details)
The H-1B visa applicant must meet one of the following criteria to be eligible:
- Obtained a U.S. bachelor's degree or its equivalent as required by the given specialty occupation
- Obtained a foreign degree equivalent to a U.S. bachelor's degree or its equivalent as required by the given specialty occupation
- Hold a registration, certification or unrestricted state license authorizing full practice of the specialty occupation (and be engaged in that occupation)
- Possess expertise in the specialty occupation through related positions and have training, education or experience in that specialty (see 8 CFR 214.2(h)(4)(iii)(C) for more details)
H-1B2 Visa: Dept. of Defense Research and Development Worker
To qualify as a DOD cooperative R&D project, it must be related to a government-to-government agreement handled by the DOD and must have a bachelor's degree or its equivalent as a requirement.
Applicants for H-1B2 visas must meet one of the following criteria to be eligible:
- Obtained a U.S. bachelor's degree or its equivalent as required by the given specialty occupation
- Obtained a foreign degree equivalent to a U.S. bachelor's degree or its equivalent as required by the given specialty occupation
- Hold a registration, certification or unrestricted state license authorizing full practice of the specialty occupation (and be engaged in that occupation)
- Possess expertise in the specialty occupation through related positions and have training, education or experience in that specialty
H-1B3 Visa: Fashion Model
To qualify for an H-1B3 visa, the position must require a fashion model of prominence and the applicant must be a fashion model of distinguished merit and ability.
Next Steps
Contact a qualified immigration attorney to help you with visa procedures.