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/$300/$0 Asylum Program Fee (standard/small/nonprofit) + $215 registration + $4,000 if the employer has 50+ staff and over half are H-1B/L-1 (extensions included from 9 September 2026) + optional $2,965 premium; $205 visa fee + a visa-integrity fee at issuance, already charged at some posts and not yet at others while DHS completes the rollout (statutory floor: $250 before annual inflation adjustments)
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
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: Complete 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
- Selection is no longer a flat lottery: since the FY2027 season each registration gets entries in proportion to its OEWS wage level, so a Level IV offer is selected far more often than a Level I
- Registration runs in March for an October start
- Cap-exempt institutions of higher education, related or affiliated nonprofits, and nonprofit or government research organizations can file any time
- An H-4 spouse may seek an EAD if the H-1B holder has an approved I-140 or a qualifying AC21 extension beyond six years
- H-4 EAD renewals no longer extend automatically. File early to avoid a gap in work authorization
- Start green card process early to extend beyond 6 years
- If you need a visa interview, schedule it in your country of nationality or residence. Applying elsewhere can mean a longer wait and a harder adjudication
- Visa applicants in this category must set all social-media profiles to public or open for State Department online-presence review
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. Parallel cases are still on appeal and the proclamation itself runs to 20 September 2026, so confirm the position before filing or travel
Path to residency: An employer may start a separate EB-2 or EB-3 process, usually with PERM followed by Form I-140