H-1B Specialty Occupation
Likely EligiblePrimary work visa for specialty occupations requiring at least a bachelor's degree.
- Processing time
- 3-6 months (Premium Processing: 15 business days for $2,965)
- Validity
- Initially 3 years, extendable up to 6 years total
- Government fees
- $780 I-129 (std; $460 small employer) + $500 fraud prevention + $750/$1,500 ACWIA + $600 Asylum Program Fee + $215 registration + optional $2,965 premium; $205 visa fee
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 annual lottery (if cap-subject)
- Position requires specialized knowledge
Documents you will need
- 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: Comprehensive work history
- Credential evaluation (optional): Required if degree from outside US
Worth knowing
- H-1B cap is 65,000 regular + 20,000 for US master's holders
- Lottery typically in March for October start
- Cap-exempt employers (universities, nonprofits) can file anytime
- H-4 dependent visa for spouse; H-4 EAD available if H-1B holder has approved I-140
- Start green card process early to extend beyond 6 years
- Note: Green card backlog is 10+ years for Indian/Chinese nationals - consider O-1A or EB-1A path
Restrictions
- Tied to specific employer - changing jobs requires new petition
- Cannot be self-employed
- 6-year maximum unless green card in process
- Layoff means finding new sponsor quickly or leaving
Path to residency: Employer sponsors for PERM → I-140 → green card (EB-2/EB-3)