Quick map (what usually happens)
- Step 1: Employer confirms the role is a specialty occupation and prepares a compliant job description.
- Step 2 (cap-subject): Employer completes electronic registration during the USCIS window, if required.
- Step 3: Employer handles wage/LCA and petition filing (often via counsel).
- Step 4: Candidate prepares interview/supporting documents as needed and keeps a clear paper trail.
Employer-driven by design.
For H-1B, the U.S. employer is the petitioner and controls the filing strategy, worksites, and compliance steps.
Eligibility signals (plain English)
- Specialty occupation: the job normally requires specialized knowledge and a relevant degree. :contentReference[oaicite:2]{index=2}
- Degree match: your education and/or experience should align with the job’s degree field and duties.
- Employer–employee relationship: duties, supervision, and worksite(s) should be consistent in writing.
Cap, cap-exempt & electronic registration (high-level)
- Cap-subject: many employers follow the annual “cap season” rules. :contentReference[oaicite:3]{index=3}
- Electronic registration: USCIS describes a registration process for cap-subject roles, before petitions are filed. :contentReference[oaicite:4]{index=4}
- Cap-exempt: some employers/roles can be exempt from the annual cap under specific rules (common in higher education/research contexts). :contentReference[oaicite:5]{index=5}
Cap-subject vs cap-exempt (simple table)
| Route | Typical scenario | What you should verify in writing |
|---|---|---|
| Cap-subject | Many private-sector employers | Title, wage, worksite(s), start date, and whether registration/selection is required |
| Cap-exempt | Some higher education or qualifying research/nonprofit contexts | Employer type/affiliation basis, your worksite and duties, and how exemption applies |
Wages, LCA & compliance basics
- LCA: the Labor Condition Application is a core part of the H-1B framework and is tied to wage/worksite details. :contentReference[oaicite:6]{index=6}
- Be consistent: job title, duties, wage, and location(s) should match across the offer letter, LCA-related info, and petition materials.
- Ask for clarity: if the role is hybrid, remote, or involves client sites, confirm how worksites are handled.
Remote work & multiple worksites (what to watch)
- Keep a written list of expected worksites (HQ, client site, approved remote location).
- If your location changes, treat it as a compliance event that your employer/counsel must assess (don’t “assume it’s fine”).
- Save addenda, assignment letters, and updated confirmations.
Portability and changes
- Changing employers: USCIS provides guidance and FAQs for individuals in H-1B status; portability depends on proper filings and facts. :contentReference[oaicite:7]{index=7}
- Material changes: major changes to duties or locations may require updated actions—keep your records clean and current.
Documents to keep (candidate checklist)
- Signed offer letter with title, wage, start date, and worksite(s).
- Detailed job description (duties + minimum degree field requirement).
- Your degree(s), transcripts (if available), and a “degree-to-duties” alignment note.
- Resume + reference letters supporting specialized experience.
- All email confirmations, timelines, and any scheduling receipts.
Safety checklist (avoid scams)
- Verify the employer identity: real website, domain email, address, consistent contacts.
- Be cautious of “guaranteed approvals,” urgent money requests, or “pay-to-sponsor” claims.
- If an intermediary is involved, request a written scope of work and verify the employer independently.
Official references (recommended)
USCIS overview:
H-1B Specialty Occupations
Registration:
H-1B Electronic Registration Process
Cap season:
H-1B Cap Season
DOL FLAG (LCA):
Labor Condition Application (LCA)
DOL WHD (H-1B program):
H-1B Program