The H-1B classification is for an employer who wishes to sponsor a professional worker in a “specialty occupation”. A “specialty occupation” means an occupation that requires the theoretical and practical application of a body of highly specialized knowledge considered to be equivalent to the attainment of a U.S. Bachelor’s degree or foreign equivalent, in a specific field. Jobs which have a minimum hiring requirement of a U.S. Bachelor's degree, or foreign equivalent, in a specific field generally qualify for the H-1B classification. The person for whom the employer is filing the H-1B petition must be able to prove s/he meets all the minimum hiring requirements of the position, including the degree(s) in the appropriate field, license, etc., and must prove with an equivalency evaluation that any foreign degree is equivalent to the required U.S. degree
Examples of things that will NOT work.

1. The "minimum hiring requirement" for a job is a high school diploma plus 6 months of relevant experience. The job does not qualify for H-1B sponsorship.
2. The job requires a Masters degree in biological sciences. The alien holds a foreign Masters which is only equivalent to a U.S. Bachelors. The alien does not qualify for the job.
3. The job requires a Bachelors degree in computer science plus 2 years of relevant experience. The alien holds a Bachelors in physical therapy plus 2 years of computer science experience. The alien does not qualify for the job.

The H-1B can be extended for a total length of six years. It requires an approved Labor Condition application from the Department of Labor (DOL), an approved petition from DHS, and the payment of various fees to DHS.

The H-1B has an annual limit or "cap" set by Congress. This cap may affect whether an employer can obtain H-1B status for an employee. Employers need to understand two important exemptions from the cap.

1. An employer that is an institution of higher education, a nonprofit research organization, or a government research organization is exempt from the cap in reference to all of its H-1B employees. There is no annual limit to this exemption.
2. Effective 08 March 2005, an individual who holds the masters degree or higher from a US institution of higher education is exempt from the cap; any US employer is eligible to obtain H-1B status for such a graduate. Congress has set an annual limit of 20,000 persons for this exemption.

Employers also need to understand the costs associated with the H-1B. By law and by federal regulations, the employer must pay the full costs associated with filing for the H-1B status for the employee. The employer must pay filing fees, attorney fees, and so on. The employer may not pass these fees on to the employee in any way (even if the employee is willing to absorb the cost), as doing so effectively lowers the wage promised to the employee. Employers who are not familiar with these rules should consult an experienced immigration attorney regarding proper procedures and employer obligations.