H-1B visa: specialty occupation, cap lottery, and official steps for French professionals

The H-1B visa is the primary U.S. nonimmigrant classification for foreign professionals in a specialty occupation — a role that normally requires at least a bachelor's degree (or equivalent) in a specific field. French nationals are fully eligible when a U.S. employer sponsors the case; the TN classification under USMCA is limited to Canadian and Mexican citizens.

H-1B is temporary work authorization — not a green card. Most private employers face an annual numerical cap and a six-year stay limit unless AC21 extensions apply. The official pathway involves the Department of Labor (DOL), USCIS, the Department of State (DOS), and Customs and Border Protection (CBP).

Lawful H-1B employment almost always involves multiple federal agencies. Understanding each role prevents confusion between visa, status, and work authorization.

USCIS evaluates two axes: the position must qualify as a specialty occupation and the beneficiary must hold required credentials. French degrees (Licence, Master, engineering diplomas) are commonly evaluated by credential services to show U.S. four-year bachelor's equivalence.

A genuine employer-employee relationship is required: the employer controls work, pays wages, and may terminate employment. Third-party client placements face heightened scrutiny (itinerary, supervision, contracts). Benching — keeping a worker without compliant paid assignment — is a frequent enforcement target.

Each fiscal year (FY, October 1 – September 30), USCIS may approve only a limited number of new cap-subject H-1B classifications: 65,000 regular visas plus 20,000 for beneficiaries with a qualifying U.S. master's or higher.

Cap-exempt employers (higher education, affiliated nonprofits, certain research or government entities per statute) file without the lottery. An H-1B already counted against the cap may transfer employers without re-entering the lottery.

USCIS publishes annual registration and selection statistics. Congressional Research Service (CRS) documents cap legislative history. Reference: uscis.gov — H-1B cap season.

Before I-129, the employer obtains a certified Labor Condition Application (LCA) on FLAG (Form ETA-9035/9035E). DOL typically certifies within seven business days when data is compliant; DOL does not adjudicate beneficiary qualifications — USCIS does.

The employer files Form I-129 with H supplement, certified LCA, detailed job description, degrees, contract or offer letter, and specialty occupation evidence. Fees include base filing, ACWIA fee, fraud detection fee for certain employers, and optional premium processing (Form I-907) — see uscis.gov/fees.

Since FY 2021, cap-subject employers must register electronically during an approximately two-week March window. USCIS strengthened beneficiary-centric registration to reduce duplicate entries. Only selected registrations may file a complete I-129 within USCIS deadlines.

After I-129 approval, beneficiaries abroad apply for the H-1B visa at the competent consulate. In France, the U.S. Embassy sets the process: DS-160, MRV payment, appointment, interview with passport, I-797, LCA, and supporting documents.

The visa allows travel to a port of entry; H-1B status is granted by CBP. The officer may admit up to three years per I-797. Immediately verify I-94 at i94.cbp.dhs.gov: class H-1B and correct « admit until » date.

An expired visa does not end lawful stay if status remains valid; travel abroad generally requires a valid visa to re-enter (limited automatic visa revalidation). Do not confuse I-797, visa, and I-94 — three documents, three functions.

H-1B is typically approved for up to three years, renewable once (six-year maximum). Beyond six years, AC21 extensions may apply if I-140 is approved or PERM/I-140 has been pending over one year. Time spent abroad may be recaptured toward the six-year limit.

AC21 portability allows starting with a new employer upon I-129 transfer receipt if you were in valid H-1B status. The 240-day rule may authorize work while a timely extension is pending — verify current USCIS guidance.

USCIS Policy Manual — AC21 and portability

Spouse and unmarried children under 21 obtain derivative H-4 status (consular visa or Form I-539 in U.S.). By default, H-4 spouses may not work.

Certain H-4 spouses may request an EAD (Form I-765) if the H-1B principal holds an approved I-140 or qualifies for beyond-six-year AC21 extension. H-4 children may attend school; they generally lack general work authorization.

uscis.gov — H-4 dependent spouses

Employers must honor LCA terms (wage, location), maintain the public access file, and complete Form I-9 within three business days of hire. USCIS (FDNS) and DOL conduct site visits to verify the job exists and matches the petition.

Fraud, benching, sub-LCA wages, or shell companies trigger denials, revocations, debarment, and criminal prosecution. After layoff, a 60-day grace period may apply under USCIS policy — consult counsel immediately.

French citizens are not eligible for TN (USMCA). Depending on profile, other paths may avoid the cap lottery or better fit career goals.