H-1B Visa Requirements & Eligibility Checklist 2025

You’re likely here because you want a clear answer to this question: Do I qualify for the H-1B visa, and what do I need to prove it? We get it. The process isn’t just paperwork; it’s your future. No worries! This guide covers all the H-1B visa requirements and eligibility criteria.

What are the H-1B Visa Requirements and Eligibility Criteria?

To apply for the H-1B visa, there are rules and H-1B visa requirements for you, the employer, and the job itself. Let’s break it all down so nothing catches you off guard.

H-1B Visa Requirements & Eligibility for Foreign Workers

To qualify as an applicant, you need to show that you’re trained and ready for a specialty job. USCIS will not just take your word for it. You’ll need real proof, and every document must line up with your job offer.

You must have a U.S. job offer

The first and most basic requirement. No job, no visa. The offer must come from a U.S.-based company. The job must be real, paid, and require a professional degree. If it sounds vague or made-up, USCIS will probably question it.

You must have a degree

Not just any degree. You need at least a bachelor’s degree (or its foreign equivalent) in a field that’s directly related to the job. If your degree is in art history and the job is for a software engineer, that’s not going to work.

If your degree is from outside the U.S., you’ll need to prove it’s equal to a U.S. bachelor’s degree. That’s done through a credential evaluation.

• Use agencies like WES, ECE, or SpanTran.
• Send them your transcripts, degree copy, and syllabus if needed.
• They’ll analyze it and give a report showing how your degree compares.

This evaluation is key. Without it, USCIS can reject your case, even if you have ten years of experience.

Your degree must match your job

This one trips people up. You can’t apply for a data analyst job with a degree in philosophy unless you have strong work experience to bridge the gap, and even then, it’s risky.

Your education must match the industry you’ll work in. Marketing jobs want marketing degrees. Engineering jobs want engineering degrees. There’s not much wiggle room.

Your passport must be valid

This sounds simple, but it’s important. Your passport must be valid for at least six months past your expected start date in the U.S. If it expires soon, renew it now. Don’t wait until you’re at the consulate.

You need a detailed resume

Your resume should match what’s in your application. Dates, titles, duties, it all needs to be clear. If there are gaps or things that don’t add up, USCIS may ask for more proof or even deny the petition.

Work experience letters

If you’ve been in the field for years, your experience counts, but you must prove it. Letters from past employers should include:

• Job title
• Dates of employment
• A list of job duties
• Printed on company letterhead and signed

License or registration (if needed)

Some jobs in the U.S. require a license, like doctors, lawyers, physical therapists, or teachers. If your job needs a license, you must either have it already or show that you’re eligible for one. Each state has its own rules, so contact the board for your profession in the state where you’ll work.

H-1B Visa Requirements & Eligibility for Employers

The H-1B visa requirements for the U.S. employer are plenty. They have to do more than just write a job offer letter. They are legally responsible for many parts of the H-1B process. If they don’t do it right, your application gets denied, even if you’re fully qualified.

They must have a valid tax ID (EIN)

This is a unique number the IRS gives to every business. It proves the company exists and pays taxes. No EIN, no H-1B.

They must file a Labor Condition Application (LCA)

Before submitting the H-1B petition, the employer must file an LCA with the Department of Labor. It’s a form (ETA-9035) that says:

• They will pay the required wage
• Your working conditions are fair
• Your job won’t hurt U.S. workers

The LCA must be certified before they file Form I-129. It usually takes 7 business days. The employer files this online using the FLAG system.

They must file Form I-129

This is the main H-1B petition. Only the employer can file it. It must include:

• The certified LCA
• A copy of your degree
• Your resume
• Work letters
• A support letter
• Filing fees
• And more

They must prove they can pay you

The company must show bank statements, tax returns, or payroll records proving they can pay the wage listed in the petition. If it’s a small company with no income history, USCIS may deny the case, even if everything else looks fine.

They must write a support letter

This helps USCIS understand why your job is a specialty occupation. This letter explains your job in detail:

• What you’ll do
• Where you’ll work
• What tools or software you’ll use
• How your degree matches the job

H-1B Visa Requirements & Eligibility for the Job

The job itself must also qualify for the H-1B program. You might be perfect for the role, and your employer might be legit, but if the job doesn’t meet the government’s definition of a “specialty occupation,” the case can still be denied.

The job must require a degree

If the role is something that people usually do without a degree, it probably won’t qualify. H-1B is for professional-level work. Here’s a quick comparison:

The job duties must match the degree

USCIS checks this closely. If your employer says you’ll be a marketing manager, but your degree is in computer science, they’ll want an explanation. Some overlap is okay. But if the connection is weak, you’ll need extra documents to prove your background fits.

You must be paid the “prevailing wage”

This is a fancy way of saying that you must be paid what similar workers in the area earn. Employers find this number through the Department of Labor’s wage data. They can’t pay you less just because you’re on a visa.

All work locations must be listed

If you’ll work in more than one place, each location must be in the LCA. This includes office locations, remote work addresses, or third-party job sites. If your job location changes after filing, the employer must file an amended petition. Yes, even if you’re just moving to a nearby city.

H-1B Visa Requirements and Eligibility: Let’s Recap

Let’s be real. The H-1B process is complicated but doable. The key is knowing exactly what to prepare. That’s why understanding the H-1B visa requirements is so important.

This is where Visa Library comes in. We help people like you apply for H-1B visas without the guesswork. We know the rules, and we keep up with the changes.

Get your FREE consultation today.

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