The H-1B is a non-immigrant status that is employment based. It is designated for individuals coming temporarily to the United States to work in a specialty occupation. A specialty occupation is defined as one that requires “theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor’s or higher degree, or its equivalent, as a minimum requirement.” The hiring department must provide documentation to prove that the job requires someone with special qualifications and that the individual meets those qualifications.

H-1Bs are relatively expensive and have a high compliance and time burden compared to, for example, J-1s. Positions must be paid a salary that meets the U.S. Department of Labor’s wage requirements to be eligible for H-1B sponsorship. All H-1B petitions are processed through the IFSS office and must be initiated by the hiring department in Terra Dotta, our immigration software (see How to Start the H-1B Process).