H-1B Specialty Occupation Work Visa Help
Overview
The H-1B visa is for “specialty occupations” that require at least a bachelor's degree (or its equivalent) in a specific field. It is employer-sponsored: your U.S. employer files Form I-129 after obtaining a certified Labor Condition Application (LCA) from the Department of Labor. Most H-1B petitions are subject to an annual cap with an electronic registration and lottery. Genius Getaway supports the petition documentation, credential evidence, and — where a consular interview is needed — your DS-160 and interview prep.
Who Qualifies
- The role is a specialty occupation normally requiring a bachelor's degree or higher in a specific field.
- You hold that degree, or an equivalent combination of education and experience.
- A U.S. employer is willing to sponsor you and pay at least the prevailing wage.
- You're either subject to the annual cap (registration + lottery) or working with a cap-exempt employer (many universities, nonprofits, and research organizations).
Documents We Help Prepare
- Certified Labor Condition Application (LCA) from the employer
- Form I-129 with the H classification supplement
- Your degree certificates and transcripts (plus a credential evaluation if the degree is foreign)
- Detailed job offer and description showing specialty-occupation duties
- Employer support letter
- Your resume and evidence of relevant experience
- Passport and, for consular processing, the DS-160 and photo
- Prior H-1B approvals and recent pay records if you are extending or transferring
Step-by-Step Process
- 1
Electronic registration during the annual window (if cap-subject)
- 2
Employer obtains the certified LCA from the Department of Labor
- 3
Employer files Form I-129 with supporting evidence
- 4
USCIS adjudicates (premium processing optional)
- 5
If you're abroad: complete the DS-160 and attend a consular interview
- 6
Visa stamping and entry
Timelines & Fees
The cap registration window typically opens in the spring for employment beginning October 1. Government fees (registration, I-129, and other statutory fees) are paid largely by the employer. H-1B allows dual intent, so you can pursue a green card while on it. Government filing and visa fees are set by USCIS and the U.S. Department of State and change periodically — confirm current amounts at uscis.gov and travel.state.gov. Our service fee is separate and quoted upfront before you begin.
Frequently Asked Questions
What is the H-1B cap and lottery?
Most H-1B petitions are limited by an annual cap (a base allotment plus an extra allotment for U.S. master's graduates). When demand exceeds the cap, USCIS runs an electronic registration lottery to select who may file.
Can I change employers on an H-1B (transfer)?
Yes. A new employer can file an H-1B petition to “transfer” your status, and you can often begin work upon proper filing. We help assemble the transfer petition.
Can my family come with me?
Yes, spouses and children can apply for H-4 status. Certain H-4 spouses may be eligible for work authorization, which we explain.
Can an H-1B lead to a green card?
Yes — H-1B permits dual intent, so many holders pursue employment-based green cards (such as EB-2 or EB-3) while working.
What is premium processing?
An optional service where USCIS commits to faster adjudication of the petition for an extra government fee. It speeds the decision, not the outcome.
What if I can't get selected in the lottery?
Cap-exempt employers (many universities, nonprofits, and research bodies) can file year-round without the lottery. We help identify whether that path fits you.
Related Services
Ready to Get Started?
Book a consultation and let Genius Getaway help you and your employer assemble a strong, well-documented H-1B petition and interview package.
Important Disclaimer
- We are not a government agency and are not affiliated with USCIS or the U.S. Department of State.
- We do not guarantee visa approval — all decisions are made solely by the relevant government authorities.
- We provide document preparation, review, and application support only, and do not provide legal advice.