H-1B Specialty Occupation

Requirements

• Bachelor’s degree or equivalent in specialty field
• Job offer from US employer in specialty occupation
• Employer files Labor Condition Application (LCA)
• Selected in the annual cap registration, now weighted by wage level (if cap-subject)
• Position requires specialized knowledge

Restrictions

• Changing employers requires a new petition
• An individual cannot self-petition, but a bona fide beneficiary-owned company may petition for its owner under special employer-control and 18-month validity rules
• 6-year maximum unless green card in process
• Layoff means finding new sponsor quickly or leaving
• Proclamation 10973’s $100,000 payment is not being collected. A federal court vacated the implementing guidance on 8 June 2026, the First Circuit refused to revive it on 24 July 2026, and DHS is complying. A proclamation of 18 September 2026 extended the requirement to 21 September 2027, but the court order still blocks collection and appeals are pending, so confirm the position before filing or travel

Time and cost

Processing time

3-6 months (Premium Processing: 15 business days for $2,965)

Validity

Initially 3 years, extendable up to 6 years total

Cost

From $3,800

Required

• $780 Form I-129 petition (standard; small employer $460)
• $500 fraud prevention and detection fee
• $1,500 ACWIA training fee (26+ staff; 25 or fewer staff $750)

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Optional

• $250 visa-integrity fee at issuance, if your post already charges it, as DHS is still rolling it out post by post ($250 is the statutory floor before annual inflation adjustments)
• $4,000 Public Law 114-113 fee, if the employer has 50+ staff and over half are H-1B or L-1 (extensions included from 9 September 2026)
• $2,965 premium processing

• Not included: the $100,000 proclamation payment, which a court order blocks, and a proposed $103,265 fee on cap-subject petitions, which is not final.

Path to residency

An employer may start a separate EB-2 or EB-3 process, usually with PERM followed by Form I-140

Documents

• Valid passport

  Must be valid for 6+ months beyond intended stay

• DS-160 confirmation

  Online nonimmigrant visa application

• Form I-797 approval notice

  H-1B petition approval from USCIS

• Bachelor’s degree transcripts

  Official transcripts showing degree completion

• Employment offer letter

  Detailed job offer with salary and responsibilities

• Resume/CV

  Complete work history

• Credential evaluation (if it applies)

  Required if degree from outside US

  Processing: 2-4 weeks

Your family

Status your spouse and unmarried children under 21 can hold alongside this route. Children can study on it too.

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