H-1B is a temporary, employer-sponsored U.S. work classification for specialty-occupation jobs. A U.S. employer or qualifying agent—not the worker acting alone—normally files the petition. For a technology role, approval depends on two separate showings: the offered position must require specialized knowledge and a directly related degree (or equivalent), and the worker must document that qualification. Cap-subject cases may also require electronic registration and selection before a petition can be filed.
What an H-1B is—and what it is not
H-1B classification lets a foreign national work temporarily in the United States for the petitioning employer in a specialty occupation. The employer describes the job, worksite, wage and requested validity period in a Form I-129 petition. An approved petition is not the same thing as a visa stamp in a passport, and neither one by itself guarantees admission at the border.
The normal route is employer sponsorship. A worker generally cannot self-sponsor through the ordinary H-1B employer-petition process. A U.S. employer or U.S. agent must have a bona fide position available and provide evidence that the employment qualifies.
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Can I get an H-1B as a software engineer or other tech worker?
The position must be a specialty occupation
USCIS’s Form I-129 instructions, edition January 17, 2025, describe a specialty occupation as work that requires the theoretical and practical application of highly specialized knowledge and a bachelor’s or higher degree in a directly related specific specialty, or an equivalent qualification, as the minimum entry requirement. A general degree with no further specialization is not enough under those instructions.
Job titles do not decide the issue. “Software engineer,” “data analyst,” “IT specialist” and similar titles can describe very different duties. The petition should connect the actual duties to a specific degree field or a range of degree fields in which every field is logically related to the work. USCIS also expects evidence that a real position will be available by the requested start date.
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The worker must document the required qualification
The beneficiary generally qualifies through one of these evidence paths:
- A U.S. bachelor’s or higher degree required by the specialty.
- A foreign degree accompanied by evidence that it is equivalent to the required U.S. degree.
- A combination of education, specialized training and progressively responsible experience evaluated as equivalent to the required U.S. degree.
Any state license or other official permission required to perform the occupation must also be supplied. The degree title does not have to duplicate the job title, but the record must show a logical relationship among the specialty’s entry requirement, the worker’s education or equivalent experience, and the proposed duties. Position eligibility and worker eligibility are separate questions; satisfying one does not automatically satisfy the other.
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Evidence a technology petition commonly addresses
- A detailed job description identifying specialized duties, tools, systems and required knowledge.
- The employer’s explanation of why a directly related specialty degree is the minimum entry requirement.
- Contracts, statements of work, organizational documents or other evidence supporting a bona fide position, where relevant.
- Degree certificates and transcripts, or a foreign-degree equivalency evaluation.
- Letters and records documenting specialized training and progressively responsible experience when equivalency is claimed.
- Any required license or authorization for the occupation.
How employer sponsorship works, step by step
- Confirm the role and the worker’s evidence. The employer should map the actual duties to a directly related specialty and review the worker’s degree, equivalency or experience documentation before choosing a filing strategy.
- Determine whether the case is subject to the annual cap. If it is a relevant cap-subject filing, the employer may first need to register the beneficiary electronically and wait for a selection notice. A registration selection only permits filing during the stated filing period; it is not petition approval.
- Prepare the Labor Condition Application. Before filing the petition, the employer submits Form ETA-9035/9035E through the Department of Labor’s FLAG system. The LCA identifies the occupation, wage, work location and working-condition attestations. DOL says an LCA must not be filed more than six months before the employment start date and reviews it for completeness and obvious errors.
- Obtain a certified LCA. Certification is required evidence for the USCIS petition. It does not grant H-1B status, authorize travel or create a visa.
- File Form I-129 with USCIS. The employer or U.S. agent submits the petition, the certified LCA and supporting evidence. A cap-subject filing must include the applicable beneficiary confirmation number and registration selection notice identified in USCIS’s H-1B filing checklist.
- Respond to any USCIS request for evidence. A request can seek clearer proof of the specialty occupation, the degree relationship, the bona fide position, the worksite or the worker’s qualifications. The response deadline and requested documents control the next step.
- Follow the correct post-approval route. A worker inside the United States may seek a change of status if the petition requests and supports it. A worker outside the country generally needs visa processing through a U.S. consulate before requesting admission. Current USCIS and Department of State instructions govern forms, interviews, travel and admission.
Does every H-1B require the lottery?
No. The annual cap applies to particular categories, while some employers or filing circumstances may be cap-exempt or otherwise not counted in the same way. The employer must classify the case under the current USCIS instructions rather than assuming that every technology job enters the lottery.
| Case branch | What the official material establishes | What to verify for the filing year |
|---|---|---|
| Regular cap | DOL describes 65,000 regular H-1B places each year. | Registration dates, selection notices, filing window and current form edition. |
| U.S. advanced-degree exemption | An additional 20,000 places are available for qualifying beneficiaries with a master’s or higher degree from a U.S. institution of higher education. | Whether the degree and employer case meet the exemption rules and how USCIS’s current checklist requires it to be documented. |
| Cap-exempt or currently cap-counted situation | Registration and selection requirements can differ from a standard cap-subject case. | The employer’s category and the exact USCIS filing instructions in force when the petition is prepared. |
The 65,000 and 20,000 figures are statutory program limits, not a prediction of available places in a particular year. Prior counts, exemptions and case-specific rules can affect what is actually available. Do not infer selection odds or approval rates from these limits; no reliable probability is established here.
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What wages and work conditions must an H-1B employer provide?
The LCA requires the employer to pay at least the higher of two amounts: the actual wage it pays workers with similar experience and qualifications doing the specific job, or the prevailing wage for the occupation in the area of intended employment. The worksite and occupational classification therefore matter; a wage figure cannot be evaluated without those facts.
The Department of Labor states that H-1B workers must receive the required wage, qualifying pay for employer-caused nonproductive time and fringe benefits on the same basis as comparable U.S. employees. The employer must also comply with the working-condition and recordkeeping attestations made in the LCA.
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Protections against improper deductions and retaliation
DOL identifies limits on what an employer may shift to the worker. An employer may not require the worker, directly or indirectly, to pay certain petition filing fees, a financial penalty for leaving before a contract date, or employer business expenses such as LCA preparation and filing attorneys’ fees. The exact allocation can depend on the particular fee and facts, so this is not a rule that every expense in every case is always paid by the employer.
The worker should receive a copy of the LCA and keep personal records of hours, pay, work locations and employer contacts. Suspected wage or workplace violations can be raised with the Department of Labor’s Wage and Hour Division. Anti-retaliation protections apply to workers who assert rights under the program.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Who pays H-1B filing fees?
The employer is responsible for fees and expenses that the law places on the petitioner, and some costs cannot lawfully be passed to the worker. Because fee rules vary by fee type, employer size, filing category and the facts of a reimbursement arrangement, the parties should identify each charge rather than rely on a blanket promise that every H-1B-related cost is treated identically. USCIS’s current fee schedule and form instructions should be checked immediately before filing.
Change of status in the United States versus visa processing abroad
| Situation after petition action | Practical distinction |
|---|---|
| Worker is in the United States and requests a change of status | The petition asks USCIS to change the worker’s immigration status. The worker must follow the approval notice’s validity and employment conditions and should obtain case-specific advice before travel. |
| Worker is outside the United States or needs to travel for visa issuance | After petition approval, the worker follows current Department of State consular procedures for a visa application and then seeks admission. Petition approval does not guarantee visa issuance or entry. |
Appointment practices, interview requirements, document checklists and processing times can change by country and consular post. Do not book travel or assume a start date from the petition approval alone.
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Important policy development: the September 2025 proclamation
DOL’s H-1B program page reports that a presidential proclamation dated September 19, 2025 restricts issuance of H-1B visas and includes a $100,000 payment condition for covered petitions filed after September 21, 2025 at 12:01 a.m. Eastern Daylight Time. The agency summary does not fully resolve every exception, implementation question or individual impact.
That reported condition must not be generalized to every H-1B worker or petition. Before filing, traveling or accepting a start date, check the latest USCIS and Department of State guidance and obtain advice from a qualified immigration lawyer about the specific employer, beneficiary, filing date and location.
Quick Recap
Common mistakes that derail technology cases
- Relying on the title alone: explain specialized duties and the degree requirement instead of asserting that a “software engineer” title automatically qualifies.
- Using a general degree without a specialty connection: show the logical relationship between the field of study and the actual duties, or document an accepted equivalent.
- Treating the LCA as approval: an LCA is a DOL wage-and-conditions certification, not H-1B status or a visa.
- Filing a cap petition without the required registration evidence: include the valid confirmation number and selection notice when USCIS’s checklist requires them.
- Assuming selection guarantees approval: selection only opens a petition filing opportunity; USCIS still evaluates eligibility and evidence.
- Ignoring the worksite and wage data: the intended area of employment and occupational classification affect the prevailing-wage analysis.
- Passing prohibited employer costs to the worker: review each fee and expense separately and retain payment records.
- Confusing status, a visa and admission: the approval notice, visa issuance and border admission are distinct decisions.
- Using an old form or calendar: verify the current I-129 edition, fee amounts, registration period, filing window and agency instructions before submission.
A practical document and decision checklist
- Identify the petitioner, job title, duties, worksite or worksites and requested start date.
- Explain why the minimum entry requirement is a bachelor’s or higher degree in a directly related specific specialty.
- Collect the worker’s diploma, transcripts, foreign-equivalency evidence or qualifying experience records.
- Check whether a license or other official authorization is required.
- Classify the case as cap-subject, advanced-degree exemption, cap-exempt or another current category.
- Complete the LCA through FLAG no earlier than six months before the start date and retain the certified result.
- Prepare the I-129 package using the current USCIS edition and checklist.
- Keep the LCA, wage records, hours and employer communications.
- After approval, follow the correct change-of-status or consular path and review travel consequences before leaving the United States.
- Recheck volatile policy announcements, especially those affecting visa issuance or additional payments.
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