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What are the eligibility requirements for an H-1B visa?
Executive summary
The H‑1B is a U.S. nonimmigrant classification for “specialty occupations” that require at least a bachelor’s degree (or equivalent) in a specific field and a U.S. employer sponsor; annual numerical limits remain 65,000 plus a 20,000 advanced‑degree exemption and petitioners must use USCIS’s electronic registration and file Form I‑129 if selected [1] [2] [3]. Recent 2025 changes include a mandatory redesigned Form I‑129 as of Jan. 17, 2025 and modernization of the registration/process rules that affect who may petition and how petitions are reviewed [3] [4].
1. What “eligibility” means — specialty occupation and degree requirement
USCIS defines H‑1B eligibility primarily by the job and the worker’s qualifications: the position must be a “specialty occupation,” meaning it normally requires theoretical and practical application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, and the beneficiary must possess the required degree or equivalent [1] [5]. Practical guides and law firms echo that eligibility “comes down to two main things: the type of job you have and your education” and stress that employers must show the role requires such a degree [5] [6].
2. Employer sponsorship, registration and the cap lottery
A U.S. employer must sponsor the foreign worker, register the prospective beneficiary in USCIS’s electronic registration during the specified window, and — if selected in the lottery — file Form I‑129 to request H‑1B classification; USCIS reported cap counts for FY seasons and emphasizes the electronic registration fee and selection process [2] [7]. The statutory cap commonly cited is 65,000 regular slots plus 20,000 for U.S. advanced‑degree holders, and USCIS announced reaching those caps for recent fiscal cycles [2] [8].
3. New and strengthened procedural rules in 2025
Beginning January 17, 2025, USCIS required a redesigned Form I‑129 edition for H‑1B petitions and will reject filings using the previous edition — a procedural change that can cause denials or delays if not followed [3]. Legal analyses of the 2025 “modernization” note broader changes intended to streamline processing and expand who can be a petitioner, including clearer requirements for employer presence, service of process and tax identification — a shift that can affect startups and beneficiary‑owned entities [4].
4. Compliance, scrutiny and enforcement risks
Several legal and practice guides warn that 2025 has seen increased scrutiny: USCIS and related enforcement units are more likely to issue Requests for Evidence, Notices of Intent to Deny/ Revoke, and conduct site visits for compliance; material changes in employment (including lack of work) can trigger NOIDs or NOIRs and may require amended petitions [9]. Advocacy and industry pieces describe both the government’s intent to curb fraud in registrations and its active investigations into attempts to game the beneficiary‑centric selection [2] [9].
5. Special categories, exemptions and other eligibility notes
USCIS also recognizes H‑1B uses beyond classic professional jobs — for example, certain DOD cooperative research roles and fashion models of distinguished merit — but the central test remains specialty occupation + beneficiary qualifications [1]. Guidance for specific groups (e.g., physicians, students on OPT) and differences in cap application (cap‑exempt employers, J‑1 two‑year home‑residence requirements) are described in institutional FAQs and practice guides [8] [10]. If the user wants details on any special category, not all sources here exhaust those rules; available sources do not mention every exception or country‑specific nuance.
6. Money, timelines and practical steps applicants should know
Practitioners advise starting early: employers must complete online registration in the USCIS window (examples show March registration windows), pay registration fees, and if selected file petition in the allotted filing window; for FY cycles the filing window and start dates (e.g., April filings for an Oct. 1 start) remain important practical constraints [7] [8]. Recent reporting and the USCIS site emphasize that registration volumes have shifted dramatically year to year, altering selection odds — for instance, USCIS reported a marked drop in registrations between FY 2024 and FY 2025 [2] [11].
7. Competing viewpoints and what to watch next
Immigration law firms and government pages present the modernization rule as improving efficiency and expanding access (including to entrepreneurs) while other commentators highlight heightened enforcement and tighter proof standards aimed at prioritizing U.S. workers; both perspectives are present in the 2025 coverage [4] [9] [6]. Also, sources cite a presidential proclamation and fee proposals in 2025–2026 that, if implemented, would materially change employer costs for certain filings — those policy moves appear in multiple summaries but are evolving [1] [12]. Readers should track USCIS notices, the revised Form I‑129 guidance, and any executive actions because procedural compliance remains the single most common cause of delays or denials [3] [2].
If you want, I can: (A) list the specific documentary evidence USCIS and practitioners say commonly proves the specialty occupation/degree nexus, or (B) summarize cap timelines and the step‑by‑step registration + petition timeline with exact dates shown in the sources. Which would help you most?