U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields. "Specialty occupations" may include the following professions:
- IT / Computer professionals
- University professors and teachers
- Healthcare workers
- Financial analysts
- Management consultants
- Systems analysts
- Journalists and editors
- Foreign Law advisors
- Technical publications writers
- Market research analysts
- Fashion Merchandisers
- Teachers in elementary or secondary schools, colleges
The current annual cap on the H-1B category is 65,000, plus an additional 20,000 for professionals with a Master's or higher degree. The cap does not apply to the new applications for an H1B with: non-profit organizations, government research organizations, and institution of higher education.
Labor Condition Application (LCA)
Applicant must submit a certified Department of Labor (DOL) LCA (Form ETA 9035) at the time of filing the petition.
Evidence of Beneficiary's Educational Background
Applicant must submit evidence of the beneficiary's educational degree at the time of filing. If all of the requirements for the degree have been met, but the degree has not yet been awarded, the following alternate evidence may be submitted:
- A copy of the beneficiary's final transcript; or
- A letter from the Registrar confirming that all of the degree requirements have been met (if the educational institution does not have a Registrar, such letter must be signed by the person in charge of the educational records where the degree will be awarded).