H-1B Visa Services for U.S. Employers and Professionals
DeHeng Law Offices PC advises U.S. employers, startups, multinational companies, and foreign professionals on H-1B specialty occupation matters. We assist with cap-subject registrations and petitions, cap-exempt petitions, changes of employer, extensions of stay, amendments, concurrent employment, Labor Condition Applications (LCAs), Requests for Evidence, and consular processing.
The H-1B classification allows U.S. employers to temporarily employ qualified foreign professionals in specialty occupations. A qualifying position generally must require the theoretical and practical application of highly specialized knowledge and at least a bachelor’s degree or its equivalent in a directly related specific specialty. A position may accept more than one qualifying field of study when each field has a logical connection to the job duties.
H-1B Specialty Occupation Requirements
An H-1B petition must establish that the U.S. employer has a bona fide specialty occupation position available and that the foreign professional is qualified to perform the position. USCIS generally reviews whether:
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The position normally requires at least a bachelor’s degree or its equivalent in a directly related specific specialty.
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The qualifying degree field, or each of the acceptable degree fields, has a logical connection to the duties of the position.
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The beneficiary holds the required U.S. degree, a qualifying foreign equivalent, any required professional license, or an accepted equivalent combination of education, training, and progressively responsible experience.
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The employer has obtained a certified Labor Condition Application and will comply with the applicable wage, notice, and working-condition requirements.
H-1B Cap and FY 2027 Selection Process
The annual H-1B numerical allocation generally consists of 65,000 regular-cap numbers and an additional exemption for up to 20,000 beneficiaries who earned a qualifying U.S. master’s degree or higher. Certain employers, petitions, and previously counted beneficiaries may be exempt from the cap.
Beginning with the FY 2027 cap season, USCIS uses a beneficiary-centered, wage-level-weighted selection process when registrations exceed the available numerical allocations. A unique beneficiary associated with Wage Level IV is entered in the selection pool four times, Wage Level III three times, Wage Level II twice, and Wage Level I once. If registrations submitted for the same beneficiary contain different wage levels, the lowest applicable wage level controls the beneficiary’s selection weighting. Selection permits an eligible petitioner to file an H-1B petition but does not guarantee approval.