Specialty occupation visa
Work in the US in a job that needs your degree
Your US employer files the H-1B for you. Most new hires must be picked in a yearly selection first. Since 2026, higher-paid roles get more chances. You can stay up to six years, and sometimes longer.
Last checked September 2026 · Sources
- Employer needed
- Yes, the employer files
- Yearly selection
- Weighted by wage level
- Registration fee
- $215 per person
- Legal fee
- Quoted on request
Quick answer
What are the H-1B requirements?
A US employer must offer you a job in a specialty occupation, which normally needs at least a bachelor’s degree or its equivalent in a directly related field, and you must hold that degree, its equivalent or the license the job needs. The employer files a Labor Condition Application and then Form I-129; you cannot file for yourself. Most new hires must first be picked in the yearly selection, which is weighted by wage level from the FY 2027 season.
- Registration fee: $215 per person.
- You can stay up to six years, and sometimes longer.
- Universities, affiliated nonprofits and research organizations are cap-exempt and skip the selection.
What you get
A work visa tied to a real job offer
An H-1B lets you work for a US employer in a job that needs at least a bachelor’s degree, or its equivalent, in a directly related field. You get up to three years at first. If you own more than half of the company that files for you, the first approval and first extension are each up to 18 months. You can extend to six years in total. In some cases, a green card process that is already moving lets you stay longer.
Your employer files, not you. So your status depends on that job. If the job ends, you are not out of status just because of that for up to 60 days in a row, or until your approved stay ends if that comes first. You get this once per approved stay, and you cannot work during it unless something else allows you to.
If you already hold H-1B status, a new employer can file for you. You can usually start the new job once they file, without waiting for approval.
A partner-firm attorney confirms your eligibility before anything is filed. No one can promise approval. Only USCIS decides.
The rules
What has to be true
These come from USCIS and the H-1B regulations. Every item must be met.
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The job is a specialty occupation
The work needs highly specialized knowledge. The usual minimum to enter the job is a bachelor’s degree or higher, or its equivalent, in a directly related field.
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You are qualified for it
You hold the US degree the job needs, a foreign degree that is equal to it, a full state license to practice, or education, training and experience that together equal that degree.
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A US employer files for you
You cannot file an H-1B for yourself. The employer files Form I-129 and pays most of the fees.
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The employer files a Labor Condition Application
Before the petition, the employer gets a certified LCA from the Department of Labor. It promises fair pay, fair working conditions, and notice to workers.
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You are selected, or the job is cap-exempt
Each year there are 65,000 regular H-1B numbers, plus 20,000 for people with a US master’s degree or higher. Unless your job is exempt, your employer must register you and you must be selected.
Rules checked on uscis.gov and in 8 CFR 214.2(h), September 2026.
The yearly selection
How the cap season works now
A new rule took effect on February 27, 2026. It changed how people are picked, starting with the FY 2027 season.
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Your employer registers you online
MarchThey pay $215 for your registration. They also enter the job’s occupation code, work location and wage level. For FY 2027, registration ran from March 4 to March 19, 2026. USCIS announces the dates each year.
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USCIS runs a weighted selection
By March 31Your registration enters the pool based on the highest wage level your offered pay meets for that job and area. Level IV enters four times, Level III three times, Level II twice, and Level I once. You count only once, even if several employers register you.
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If you are selected, your employer files the petition
From April 1Filing opens April 1 and the filing window is 90 days. The petition must include proof of the wage level used in the registration.
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USCIS decides
VariesProcessing times vary. Your employer can pay for premium processing, where USCIS acts within 15 business days. Premium processing buys speed, not approval.
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You start work
October 1 or laterFor a cap case, the earliest start date is October 1. If you are outside the US, you also apply for a visa stamp at a US consulate.
No lottery
Jobs that skip the yearly selection
These employers are not subject to the H-1B cap, so they do not register you.
Universities
US institutions of higher education.
Nonprofits tied to a university
For example, a nonprofit the university runs, or one with a formal written affiliation agreement with it.
Research organizations
Nonprofit research organizations and government research organizations, where research is a fundamental activity.
Work done mostly at one of these
If another employer hires you but you spend at least half your work time at a qualifying institution, on duties that directly further its education or research mission, the job may be exempt. Remote work in the US can count.
What it costs
Government fees and our legal fee
USCIS fees as of September 2026. Most are paid by the employer.
| Fee | Amount | Notes |
|---|---|---|
| Registration (cap cases) | $215 per person | Paid when your employer registers you. |
| Form I-129 for H-1B | $780 on paper, $730 online | Small employers and nonprofits pay $460. |
| Asylum Program Fee | $600 | Small employers pay $300. Nonprofits pay $0. |
| Fraud Prevention and Detection Fee | $500 | For a first H-1B, or when you move to a new employer. |
| ACWIA training fee | $1,500 or $750 | Depends on the employer’s size. Some employers are exempt. By law, you cannot pay this fee. |
| 9-11 Response and Biometric Entry-Exit Fee | $4,000 | Only for employers with 50 or more US workers where more than half are in H-1B or L-1 status. Since September 9, 2026 it applies to all their H-1B petitions, except amendments that do not extend your stay. Under current law it applies to petitions filed through September 30, 2027. |
| $100,000 payment | On hold after a court order | See the question below. It could come back. |
| Premium processing (optional) | $2,965 | USCIS acts within 15 business days. |
| Our legal fee | Quoted on request | Flat fee, set before you sign. Includes second-attorney review and an RFE response if one comes. |
Government fees from USCIS Form G-1055, edition 09/09/26. Fees change. Your attorney checks them again before filing. Your employer also may not cut your pay below the required wage to cover its legal costs for the LCA and petition.
How we help
Attorney-led filing, with two attorneys on every petition
Green Card Guide is not a law firm. Licensed attorneys at an independent partner firm do all legal work, under a separate agreement. A lead attorney builds the case and a second attorney reviews it before it is filed.
For H-1B, the attorneys work with your employer on the job description, the wage level and the petition. You get a flat legal fee before anyone signs. There is no hourly billing. If an RFE comes on a case they filed, the response is included.
Frank, our extraordinary ability partner, does not cover the H-1B. It covers only O-1A, O-1B, EB-1A, EB-1B and EB-2 NIW.
Not selected this year? You may have other routes
Some people qualify for an O-1, which has no lottery. A US employer or US agent still has to file it. Others can file for a green card themselves through EB-1A, or through EB-2 NIW if they first qualify for EB-2. Depending on your country, you may wait for a visa number. Frank’s free evaluation shows where you stand, criterion by criterion. No account or card.
FAQ
Questions people ask us
Not right now, based on USCIS’s own notice. A September 2025 proclamation required a $100,000 payment for certain new H-1B petitions, mainly for workers outside the US. On June 8, 2026, a federal court vacated the USCIS guidance putting it in place. On July 24, 2026, the appeals court refused to pause that order. USCIS says DHS will comply for now, but plans to collect the payment if the order is later lifted. Your attorney checks the status before your employer files.
Yes. Since the FY 2027 season, a Level IV registration enters the pool four times and a Level I registration enters once. Every level still has a chance. The level must match what your employer will actually pay, and the petition must prove it.
You can look for a cap-exempt employer, such as a university or a nonprofit research group. You can check if you fit an O-1, which still needs a US employer or agent to file. You can check a self-filed green card like EB-1A or EB-2 NIW. NIW also requires you to qualify for EB-2. Or your employer can register you again next season.
Usually, yes. The new employer files a new petition. If you are already in H-1B status and meet the rules, you can start working for them once they file. If you were already counted against the cap in your current six-year H-1B period, you generally do not go through the selection again.
You have up to 60 days in a row, or until your approved stay ends if that is sooner, without losing status just because the job ended. You get this once per approved stay. You cannot work during this time unless something else allows it.
Your spouse and unmarried children under 21 can come in H-4 status. H-4 status alone does not allow work. Your spouse can apply for a work permit only in certain cases, for example after your green card petition (Form I-140) is approved. Your attorney checks if this applies.
The cap calendar is fixed: registration in March, filing from April 1, and work from October 1 at the earliest. USCIS said on July 17, 2026 that it had enough petitions to reach the FY 2027 cap. Regular processing times vary, so check the USCIS processing times page. Premium processing means USCIS acts within 15 business days.
Sources · checked September 2026
- USCIS: H-1B Specialty Occupations (updated 09/21/2026)
- USCIS: H-1B Electronic Registration Process (updated 09/21/2026)
- USCIS: H-1B Cap Season (updated 09/21/2026)
- USCIS: Weighted Selection Small Entity Compliance Guide (January 12, 2026)
- USCIS news release: DHS Changes Process for Awarding H-1B Work Visas (12/23/2025)
- USCIS alert: USCIS Reaches Fiscal Year 2027 H-1B Cap (July 17, 2026)
- USCIS: G-1055 Fee Schedule page and alerts
- USCIS Form G-1055, Fee Schedule, edition 09/09/26 (PDF)
- USCIS: How Do I Request Premium Processing? (updated 03/23/2026)
- eCFR: 8 CFR 214.2 (H-1B qualifications, portability, cap exemptions)
- eCFR: 8 CFR 214.1(l) (60-day grace period)
- eCFR: 20 CFR 655.731 (LCA wage rules, fee and deduction limits)
- USCIS: Case Processing Times
This page is general information, not legal advice. Rules and fees change; a partner-firm attorney confirms what applies to you before anything is filed.
