The H-1B is a temporary U.S. work classification for a worker hired by an employer to fill a qualifying specialty-occupation job. Eligibility depends on the job’s degree requirements, the worker’s qualifications for that job, and the employer’s petition—not on a bachelor’s degree alone. For cap-subject jobs, the employer must also register the worker and be selected before it can file the petition.
What is an H-1B visa?
H-1B is a U.S. nonimmigrant work classification for employment in a specialty occupation. In the ordinary case, the employer petitions for the worker; it is not a route for a worker to sponsor themselves. The employer must offer a bona fide job and establish that the position qualifies.
“Visa” is common shorthand, but the eligibility question is about the job and the worker’s proposed employment. A cap selection, petition approval, visa issuance, and permission to enter the United States are distinct steps, and one does not automatically guarantee the next.
Who is eligible for an H-1B?
The job must qualify as a specialty occupation
The position must involve the theoretical and practical application of highly specialized knowledge and ordinarily require at least a bachelor’s degree or higher in a specific specialty, or its equivalent. The degree field must be directly related to the position: there must be a logical connection between the field of study and the job duties.
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USCIS’s 2024 H-1B modernization guide says a generalized degree, with no specific specialty connected to the work, is not enough. A position may accept degrees in more than one field if each field is logically related to the duties. The job title by itself does not establish that the role qualifies.
The worker must meet the job’s qualifications
The beneficiary—the worker named in the employer’s petition—must be qualified for the specialty-occupation position. A bachelor’s degree alone does not establish eligibility: the worker’s education or other qualifying credentials must match the requirements of the particular job.
Whether a foreign credential or a combination of education and experience meets the standard depends on the applicable rules and evidence in the individual case. The available USCIS summary does not set out the full evidence requirements for those equivalencies, so a résumé or degree title alone cannot confirm that a worker qualifies.
An employer and a genuine job offer are required
The employer is the petitioner and must establish a bona fide job offer for qualifying work. A person who has no sponsoring employer and no offered position generally cannot start an H-1B petition on their own. Employers should assess the actual duties and degree requirements rather than relying only on the position’s title.
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Does a bachelor’s degree qualify someone by itself?
No. The position must require a degree in a specific specialty directly related to its duties, and the worker must meet that position’s requirements. A degree in an unrelated field does not automatically qualify someone for any job, while a role that accepts several degree fields may qualify if each field is connected to the work.
How do registration and selection work for cap-subject jobs?
Some H-1B petitions are subject to annual numerical limits. USCIS states the regular cap is 65,000 places, with an additional 20,000 places under the U.S. advanced-degree exemption. Those figures, reported by USCIS in December 2025, are caps—not guarantees that a particular worker will be selected.
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For fiscal year 2027, USCIS opened the initial registration period at noon Eastern on March 4, 2026, and closed it at noon Eastern on March 19, 2026. The agency set the registration fee at $215 per beneficiary for that period. These are FY 2027 figures, not a statement of the fee or dates for a later registration season.
USCIS said it would use weighted selection for FY 2027 if properly submitted registrations for unique beneficiaries exceeded the cap. The agency describes the approach as prioritizing higher-skilled and higher-paid applicants while leaving a possibility of selection at every wage level; it should not be described as a purely random lottery.
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- Employer registers the beneficiary. For a cap-subject case, the employer submits the required registration during the applicable period.
- USCIS selects a registration. Selection allows the employer to file a cap-subject petition for that beneficiary. It is not a decision that the job or worker meets the H-1B requirements.
- Employer files the petition. The petitioner must provide evidence and establish eligibility for approval. USCIS can deny a petition even after selecting its registration.
Some cases may be cap-exempt, but the available official material does not establish a complete list of qualifying employers or situations. An employer should verify whether its particular petition is exempt rather than assuming registration is unnecessary.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What does the current H-1B entry restriction change?
A September 18, 2026 White House proclamation extended an H-1B entry restriction through 12:00 a.m. Eastern Daylight Time on September 21, 2027. For affected petitions, it generally conditions entry on an employer payment of $100,000, while allowing discretionary national-interest exceptions. This is a conditional entry restriction, not a general H-1B registration fee or a rule that can be assumed to apply identically to every worker and petition.
The proclamation gives DHS authority to determine exceptions when hiring is in the national interest and does not threaten U.S. security or welfare. It also addresses employer payment documentation and coordination between the State Department and DHS on visa issuance and entry enforcement. The Department of State’s 2025 guidance describes the original restriction; its original effective-date details should not be applied mechanically to the 2026 extension. Workers and employers should check current USCIS and State Department guidance against the specific petition, immigration status, location, and travel plans.
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What should a worker or employer check first?
- Position: Do the actual duties require specialized knowledge and a directly related degree or equivalent?
- Worker: Do the worker’s credentials meet the requirements for this particular position?
- Employer and cap: Is the employer offering a bona fide job, and is the case cap-subject or potentially cap-exempt?
- Timing: If cap-subject, is registration required for the relevant fiscal year, and has the beneficiary been selected?
- Entry: Could the proclamation affect the worker’s intended entry, given the petition and travel circumstances?
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