To obtain an H‑1B visa for your company, the core requirement is that the position must qualify as a specialty occupation and the employee must have the appropriate credentials for it. A specialty occupation generally requires at least a bachelor’s degree or higher in a field directly related to the job duties. Your company must also be willing to sponsor the petition and prove it will pay the prevailing wage for that role as determined by the Department of Labor. The process begins with a labor condition application (LCA) with the Department of Labor before filing the H‑1B petition with USCIS.

An H‑1B visa requires several key pieces. First, the job itself must require specialized knowledge and a relevant degree (usually a U.S. bachelor’s or equivalent). Second, the foreign worker must meet that requirement, meaning they hold the required educational credentials or equivalent experience. Third, your company must attest to U.S. wage and working conditions via the LCA. Once the LCA is certified, your company files Form I‑129 with USCIS. Keep in mind that H‑1Bs are limited by an annual cap unless your company is cap‑exempt, and timing matters because the cap opens once a year.

Right now, to secure an H‑1B visa for an employee, you need a role that is considered a specialty occupation, the candidate’s credentials must match that qualification, and your company must demonstrate its ability to pay the offered wage. The process begins with the labor condition application, which establishes the wage level and working conditions. After LCA approval, you file a petition with USCIS. Because H‑1B visas are subject to an annual cap and often a lottery, planning ahead is essential; if your company qualifies for exemption from the cap (like universities or nonprofits), the timing and process can differ.