H1B temporary workers are defined as persons who will perform services in specialty occupations on a temporary basis. The Immigration Act of 1990 defines specialty occupation as: "an occupation which requires theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation." To qualify as a "specialty occupation" the position must meet the following requirements. All five criteria must be met:

• A baccalaureate or higher degree (or its equivalent) is normally the minimum requirement for entry into the particular profession.
• The degree requirement is common to the industry.
• The employer must normally require a degree or its equivalent for the position.
• The job duties must be "so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree."
• The position's level of responsibility and authority must be "commensurate with professional standing." The H1B status can be used to bring temporary faculty members, researchers, consultants, administrators, or individuals engaged in a variety of professional-level activities to the United States.

To qualify for H1B status, the alien must possess the required degree or its equivalent or possess a certificate or license that permits the alien to immediately practice the profession in the state of intended employment. The H1B is employer specific; the employee may only work for the employer who filed the H1B petition and can only perform the job included in the petition. (Concurrent employment is possible, if each employer has an approved H1B petition.)

The spouse and unmarried minor (under age 21) children of an H1B worker are granted H4 non-immigrant status. Applications for H4 classification (Form I-539) should be included in the petition for the H1B worker, if the dependents are in the U.S. Dependents in H4 status are not eligible for employment.