H-1B Eligibility Requirements

To be eligible for H-1B status, the following requirements must be met:

Specialty Occupations

For immigration purposes, a "specialty occupation" is defined as an occupation that requires "a theoretical and practical application of a body of highly specialized knowledge; and attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States."

Some positions clearly meet this definition, and others may require further discussion about eligibility (for example, position descriptions that allow for a combination of education and experience as an alternative to a degree requirement, or that require a degree in an unspecified field).

Please contact ISSO if you would like to discuss H-1B eligibility for a particular position.

Important Note

The employing department must contact ISSO if a material change occurs in the employee's job (duties, % time of appointment, change/addition of work sites, title, salary, or change of department). ISSO will follow H-1B regulations to determine whether no action, the posting of a labor condition application, or a new petition will be required. Please read the Changes in Employment page for important information about adding/changing work sites.

If the employment was terminated by the employer for any reason, the employer is responsible for the reasonable costs of return transportation of the employee to their last place of foreign residence. The department which employs the H-1B employee is responsible to provide for the costs of the return transportation.