Table of Contents
- H-1B Specialty Occupations - Eligibiliy
- H-1B2 DOD Researcher - Eligibility
- H-1B3 Fashion Model - Eligibility
- Visa Cap for H-1B
- US Attorney's H-1B Advice
H-1B Specialty Occupations - Eligibiliy
The H-1B Specialty Occupation visa category applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.
The job must meet one of the following criteria to qualify as a specialty occupation:
- Bachelors or higher degree or its equivalent is normally the minimum entry requirement for the position
- The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree
- The employer normally requires a degree or its equivalent for the position
- The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelors or higher degree
To qualify to accept a job offer in a specialty occupation you must meet one of the following criteria:
- Have completed a U.S. bachelor's or higher degree required by the specific specialty occupation from an accredited college or university
- Hold a foreign degree that is the equivalent to a U.S. bachelor's or higher degree in the specialty occupation
- Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment
- Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty
H-1B2 DOD Researcher - Eligibility
The job must meet both of the following criteria to qualify as a DOD cooperative research and development project:
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1. The cooperative research and development project or a co-production project is provided for under a government-to-government agreement administered by the U.S. Department of Defense.
2. A bachelors or higher degree, or its equivalent is required to perform duties.
H-1B3 Fashion Model - Eligibility
The position/services must require a fashion model of prominence.
The applicant must be a fashion model of distinguished merit and ability.
Visa Cap for H-1B
As at September 2025, the U.S. Citizenship and Immigration Services (USCIS) have received enough petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year 2026.