Fact check: What are the requirements for an H-1B visa in the US?

1. Summary of the results

The H-1B visa program has specific requirements and processes that have evolved significantly, particularly with recent 2025 updates. Based on the analyses, here are the key requirements:

Core Eligibility Requirements:

• The position must qualify as a specialty occupation requiring a bachelor's degree or higher in a specific field ^[1]
• The beneficiary must possess the required educational credentials or equivalent experience ^[1]
• The employer must file a certified Labor Condition Application (LCA) demonstrating they will pay the prevailing wage ^[1]

Application Process:

• Employers must participate in the electronic registration system by creating a USCIS online account and paying a non-refundable registration fee ^[2]
• Each beneficiary must be registered under only one valid passport or travel document, with duplicate registrations being invalidated ^[2]
• Selected petitioners must file H-1B cap-subject petitions within the designated filing period and include evidence of the beneficiary's valid passport used during registration ^[3]

Recent 2025 Updates:

• Eligible founders and business owners can now self-petition for H-1B visas, marking a significant departure from the traditional employer-sponsored model ^[4]
• The Department of Homeland Security has implemented a final rule to strengthen the program, streamlining approvals, increasing flexibility, and improving oversight ^[5]
• Enhanced compliance measures now require petitioners to demonstrate a bona fide specialty occupation position is available at the requested start date ^[6]

2. Missing context/alternative viewpoints

The original question lacks several important contextual elements that significantly impact H-1B visa applicants:

Travel and Maintenance Requirements:

• H-1B holders face travel restrictions, with potential consequences for staying outside the US for more than 60 days ^[7]
• Maintaining proper documentation to verify employment status is crucial for international travel ^[7]

Different H-1B Categories:

• The program includes multiple types beyond specialty occupations, including DOD research and development positions and fashion models ^[1]
• Each category has distinct requirements that weren't addressed in the original question

Beneficiary-Centric Selection Process:

• The current system emphasizes individual beneficiary registration rather than employer-driven applications, requiring specific passport documentation ^[2]
• This represents a fundamental shift in how the program operates compared to previous years

Compliance and Oversight Enhancements:

• DHS now has expanded authority to request contracts, work orders, and schedules to verify the legitimacy of H-1B positions ^[6]
• These oversight measures significantly impact both employers and applicants but are rarely discussed in basic requirement summaries

3. Potential misinformation/bias in the original statement

The original question itself doesn't contain misinformation, as it's a straightforward inquiry. However, the framing could lead to incomplete understanding:

Oversimplification Risk:

• Asking only about "requirements" without specifying the year or recent changes could lead to outdated information being provided, particularly given the significant 2025 updates ^{[4] [5]}
• The question doesn't acknowledge the fundamental shift allowing self-petitioning, which represents a major policy change that affects who can even apply ^[4]

Missing Stakeholder Perspectives:

• US employers benefit from the streamlined process and increased flexibility in the modernized system ^[5]
• Foreign entrepreneurs and founders particularly benefit from the new self-petitioning provisions, as this opens opportunities previously unavailable ^[4]
• Immigration attorneys and consultants benefit from the complexity of the evolving system, as navigating the enhanced compliance requirements requires professional expertise ^[6]

The question's neutral framing, while not biased, fails to capture the dynamic and rapidly evolving nature of H-1B requirements, potentially leading to responses that don't reflect the current reality of the program's significant modernization efforts.