Status guide

H-1B

H-1B fundamentals, the specialty occupation test, common RFE categories, what happens after a layoff, and the alternatives - including Day 1 CPT - when the lottery does not go your way.

H-1B is the route most international professionals plan around, and the one they control least. When it does not come through, Integral CPT - commonly known as Day 1 CPT - is one of the routes back into status.

Read the primary source first

Primary sources

Fundamentals

H-1B is a non-immigrant classification for specialty occupations. It is employer-sponsored - there is no self-petition - and it permits dual intent, so you may pursue permanent residency while holding it.

Initial period of 3 years, extendable to 6; longer where a green card application is pending.
Annual cap of 85,000: 65,000 regular plus 20,000 reserved for holders of a U.S. master's degree or higher.
Portable to a new employer on a new petition.

Eligibility

The specialty occupation test is satisfied by at least one of: a degree in a specific related specialty is the minimum entry requirement for the role; the requirement is common across parallel roles in the industry; the employer normally requires it; or the duties are so specialized that the required knowledge is degree-associated.

On the candidate side: a U.S. bachelor's degree or higher in a directly related field; foreign degrees need an equivalency evaluation; relevant experience may substitute at a 3-to-1 ratio; and state licensure is required where the profession demands it.

The prevailing wage is set by the Department of Labor for the job title and location, and the employer certifies that hiring you will not adversely affect U.S. workers.

Selection

Confirm whether a weighted selection process is in force for the current cycle, and on what terms, before building any plan around your odds.

Common RFE categories

Specialty occupation challenge - generic job titles draw scrutiny.
Wage level misalignment - a Level 1 wage paired with senior duties.
Maintenance of status - audits of your F-1, CPT and OPT history.
Employer-employee relationship - consulting and third-party placement arrangements.
Availability of work for the full requested period.

Alternatives

O-1 - no cap and no lottery, for a documented record of achievement.
L-1 - requires one continuous year with a foreign branch within the past three years.
Integral CPT - returns you to F-1 with work authorization while you keep applying.
Treaty routes - TN, E-3, H-1B1, where nationality qualifies.
Cap-exempt H-1B - universities, affiliated non-profits and research organizations.

After a layoff

Integral CPT (Day 1 CPT)OPT and STEM OPT Emergency transfer

Want this applied to your own timeline? We will tell you what your dates actually allow.

Talk to an advisor

This guide is general information, not legal advice, and immigration rules change. Verify every date, fee and eligibility rule against USCIS, ICE/SEVP or DOL primary sources and with your DSO or an immigration attorney before you act on it.