Who Is Eligible for H-1B Visa Sponsorship?

H-1B sponsorship eligibility is often misunderstood as a personal qualification. In reality, it is a structural "green light" requiring three variables to align: the job, your credentials, and the employer's willingness and ability to sponsor.

How H-1B Eligibility works

Does the job meet the USCIS definition of a "Specialty Occupation"?

The job itself is the foundation. For the H-1B, the position must qualify as a Specialty Occupation.
The USCIS Definition: The H-1B program allows employers in the United States to temporarily employ foreign workers in occupations that require the theoretical and practical application of a body of highly specialized knowledge and a bachelor's degree or higher in the specific specialty, or its equivalent, as a minimum for entry into the occupation.

For example, An elite graphic designer with 10 years of experience is highly qualified, but if they apply for a role the Department of Labor deems "non-specialized," the visa will be denied regardless of their expertise.

Does the company have the financial health to pay the required prevailing wage and associated fees?

Employers must certify to the U.S. Department of Labor (DOL) that they will pay the H-1B employee the prevailing wage or the actual wage, whichever is higher. The employer must also certify that it is not displacing any U.S. workers to hire the H-1B applicant.

USCIS verifies whether the job normally requires a bachelor’s degree or higher in a specific field to do the work. If most people hired for this role need a relevant degree (for example, computer science, engineering, finance, or a closely related subject), and the job isn’t something someone could reasonably do without that level of education, it likely qualifies as a specialty occupation.

What is the eligibility criteria for visa sponsorship jobs?

A Visa-Eligible Job Role

The job itself is the foundation. For the H-1B, the position must qualify as a Specialty Occupation.

The Immigration and Nationality Act defines "specialty occupation" as an occupation that requires 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.

Qualifying Criteria (at least one must be met):

• A bachelor's or higher degree is normally the minimum entry requirement
• The degree requirement is common to the industry
• The position is so complex or unique it requires a degreed professional
• The employer normally requires a degree for the position

Common Specialty Occupations: Architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts.

Warning: Roles like "General Manager" or "Administrative Assistant" rarely qualify because they don't require a specific specialized degree.

Relevant Education or Experience

Your credentials must be a direct match for the job description.

Degree Alignment: Your degree must be "directly related" to the position. A Biology degree for a Software Developer role often fails unless you can prove "degree equivalency" through a certified evaluation service demonstrating equivalent coursework or experience.

The 3-for-1 Rule: USCIS regulations allow three years of specialized training and/or work experience to substitute for one year of university education. This rule is codified at 8 C.F.R. §214.2(h)(4)(iii)(D)(5):

When making a determination whether a foreign national possesses the required academic credentials necessary for an H-1B occupation, the USCIS will consider three years of specialized training and/or work experience to be the equivalent of one year of college education.

Practical Application:

• 3-year foreign bachelor's degree + 3 years experience = U.S. bachelor's equivalent
• No degree + 12 years specialized experience = U.S. bachelor's equivalent
• U.S. bachelor's + 5 years experience = U.S. master's equivalent

Employer Authorization

The $100,000 Supplemental Fee: Per the Presidential Proclamation of September 19, 2025, new H-1B petitions for beneficiaries outside the U.S. now require an additional fee. This has effectively limited sponsorship to high-value roles or large corporations for offshore candidates.

Prevailing Wage Requirement: Employers must pay a salary floor set by the DOL to ensure foreign workers don't undercut U.S. wages. The prevailing wage is the salary paid to workers in similar occupations in the geographic area of intended employment.

When the $100,000 Fee Does NOT Apply

If you are already in the United States and eligible for a change of status

The $100,000 supplemental fee generally does not apply when the employer files an H-1B petition as a change of status from another valid nonimmigrant visa category (if you are in the U.S.) for example:

• F-1 OPT or STEM OPT (international students working in the U.S.)
• F-1 CPT (where change of status timing is eligible)
• TN (Canadian or Mexican professionals)
• E-3 (Australian professionals)
• H-1B1 (Chilean or Singaporean professionals)
• J-1 (in eligible categories without a two-year home residency requirement, or where a waiver has been obtained)
• L-1 (intra-company transferees)
• O-1 (individuals with extraordinary ability)
• Current H-1B holders (extensions, amendments, or employer transfers)

Extensions, amendments, and transfers

Petitions to extend stay, amend, or transfer to another employer for someone already in valid H-1B status are not subject to the fee.

Previously filed petitions

Petitions filed before September 21, 2025 are exempt from the new fee.

How Can I Get a H-1B Visa Sponsorship?

Migrate Mate provides a verified live jobs board of U.S. employers with proven H-1B sponsorship records and remote work policies.

1. Access the Platform: Create an account at Migrate Mate to browse 500,000+ visa-sponsored jobs
2. Filter by Location: Use the "Work Site" filter for:
   • "Remote (US)" for fully remote position
   • "Hybrid" for flexible arrangements
   • Specific cities if relocating
3. Target High-Wage Roles: Under the 2026 wage-weighted system, you can prioritize positions on the Level II-IV wages. Higher salaries receive 3-4x more lottery entries, dramatically improving selection odds.
4. Focus on Large Sponsors: You could target companies with:
   • Multi-state operations
   • Documented remote/hybrid policies

What is the eligibility criteria by job level?

Entry-Level Candidates

Eligibility is highest in STEM fields. Most candidates gain eligibility via OPT (Optional Practical Training) after graduating from a U.S. school.

Critical Exemption: The $100,000 fee does not apply to "Change of Status" petitions for those already in the U.S. on F-1/OPT status. The largest clarification is that the fee will not apply to petitions filed as a change of status for individuals already present in the U.S.

Mid-Level/Experienced Candidates

Candidates with 5–10 years of niche experience are the most "sponsorable" under the new system. Their specialized skills often justify higher wage levels, improving both lottery odds and employer willingness to invest in sponsorship.

What are the common reasons candidates are not eligible for a US visa?

Checklist for H-1B Visa Applications

Before applying for any visa sponsorship position, verify:

1. Does the job strictly require your specific degree?

• Check if the job posting specifies a degree requirement in your exact field
• Review O*NET or Bureau of Labor Statistics for standard education requirements

2. Does the company have H-1B sponsorship history?

Use the USCIS H-1B Employer Data Hub to research employer sponsorship patterns:

The H-1B Employer Data Hub includes data from fiscal year 2009 through fiscal year 2025 on employers who have submitted petitions to employ H-1B nonimmigrant workers. Data can be queried by fiscal year, employer name, city, state, zip code, and NAICS code.

3. What wage level does the position support?

Research prevailing wages using the DOL Foreign Labor Application Gateway to determine if the salary supports Wage Level III or IV for better lottery odds.

Common myths about the H-1B visa

Myth: "Any company can sponsor an H-1B"

Fact: Employers must prove "bona fide" need for the position, demonstrate financial ability to pay the prevailing wage, and meet all DOL attestation requirements. Small companies without sponsorship history face additional scrutiny.

Myth: "Remote jobs don't need visas"

Fact: If you physically work in the United States, you need work authorization regardless of whether the position is remote. The work location determines visa requirements, not the job structure.

Myth: "Paying a fee increases my eligibility"

Dangerous Myth: It is illegal for an employer to charge a worker for H-1B petition fees. Employers that demand payment up-front for sponsorship may be operating fraudulently. The DOL and USCIS may view such arrangements as fraudulent, which can lead to petition denial, blacklisting, or visa ineligibility.

Key Takeaways

Your eligibility depends on three aligned factors:

1. The Job - Must qualify as a specialty occupation
2. Your Credentials - Must directly match the position requirements
3. The Employer - Must be willing and able to sponsor

For H-1B visa success:

• Prioritize employers with proven H-1B sponsorship history, use Migrate Mate to filter qualified ones
• If you're on OPT in the U.S., leverage the $100,000 fee exemption
• Ensure your degree directly relates to the job duties
• Use the USCIS H-1B Employer Data Hub to research potential sponsors

Frequently Asked Questions

1. Can I sponsor myself for an H-1B visa?

No, you cannot self-sponsor an H-1B visa. The H-1B is an employer-sponsored visa, meaning a U.S. company must file the petition on your behalf. The employer is responsible for paying the filing fees, completing the Labor Condition Application, and demonstrating the need for a foreign worker in a specialty occupation. Some entrepreneurs explore alternatives like the O-1 visa or starting a company and having it sponsor them, but this requires careful legal structuring.

2. What happens if my H-1B petition is denied?

If your petition is denied, you have several options depending on your situation. You can file a motion to reopen or reconsider with USCIS if there was an error or new evidence. Your employer can also file a new petition in a future cap season. If you're currently in the U.S. on another status (like F-1 OPT), you may be able to maintain that status while exploring other options. Consult an immigration attorney to understand the denial reason and determine the best path forward.

3. Do I need a job offer before applying for H-1B sponsorship?

Yes, you must have a job offer from a U.S. employer before the H-1B process can begin. The employer initiates the petition by filing a Labor Condition Application with the Department of Labor and then submitting Form I-129 to USCIS. You cannot register for the H-1B lottery or file a petition without a sponsoring employer who has offered you a specific position that qualifies as a specialty occupation.

This article is for informational purposes only and does not constitute legal advice. Immigration regulations change frequently, consult a qualified immigration attorney for guidance on your specific situation.