H-1B Specialty Occupation Visa

The H-1B is a nonimmigrant work visa for foreign nationals employed in a specialty occupation: a role that requires at least a U.S. bachelor's degree (or equivalent) in a specific field directly related to the job duties. It is the most widely used work visa category in the United States, primarily used in technology, engineering, finance, architecture, and healthcare.

Key Requirements

For the worker:

• A U.S. bachelor's degree (or foreign equivalent) in a field related to the specific job duties.
• The position must qualify as a specialty occupation under 8 CFR § 214.2(h)(4).

For the employer:

• Must be a U.S. employer willing to file a petition on your behalf.
• Must obtain a certified Labor Condition Application (LCA) from the Department of Labor confirming the offered wage meets the prevailing wage for the occupation in the job location.

Annual Cap and Lottery

The H-1B is subject to an annual numerical cap:

• 65,000 regular cap, available to all qualifying workers.
• 20,000 U.S. master's cap-exempt, reserved for workers who earned a U.S. master's degree or higher.

Demand consistently exceeds supply. USCIS runs an electronic registration lottery each March for the fiscal year beginning October 1. Employers must register their prospective H-1B workers (fee: $215 per beneficiary); only selected registrants may then file a full petition.

Cap-exempt employers (universities, nonprofit research organizations, and certain government research entities) are not subject to the cap and may file year-round.

Duration and Extensions

• Initial period: 3 years.
• First extension: 3 years (total 6 years).
• Beyond 6 years: Extensions are available in 1-year or 3-year increments if you have a pending I-140 immigrant petition or an approved I-140.

The H-1B is a dual-intent visa. You may simultaneously pursue permanent residency (green card) without jeopardizing your H-1B status.

The Petition Process

1. Employer files LCA with the Department of Labor.
2. Employer files Form I-129 (Petition for Nonimmigrant Worker) with USCIS after selection in the lottery.
3. USCIS adjudicates the petition (standard: 3-6 months; premium processing: 15 business days via Form I-907).
4. If you are outside the U.S., you attend a consular interview to receive the H-1B visa stamp.

Dependents

Your spouse and unmarried children under 21 are eligible for H-4 dependent status. H-4 spouses are eligible for an H-4 Employment Authorization Document (EAD) if your I-140 has been approved (even if a visa number is not yet available), allowing them to work for any U.S. employer.

Job Portability (AC21)

Under the American Competitiveness in the 21st Century Act (AC21), you may change employers without losing H-1B status as long as the new job is in the same or a similar specialty occupation and the change occurs after 180 days of the new petition being filed.

Government Fees

• I-129 filing fee: $730 (small employer/nonprofit) or $730-$1,685 (large employer, depending on workforce composition).
• Anti-fraud fee: $500 (most first petitions and change of status).
• ACWIA training fee: $750 (25 or fewer full-time employees) or $1,500 (more than 25 full-time employees).
• Optional premium processing: ~$2,805.

Current fees: uscis.gov/feecalculator

Official Sources

• USCIS H-1B overview: uscis.gov/h-1b-specialty-occupations
• DOL H-1B worker rights: dol.gov/agencies/whd/workers/h1b

Disclaimer: This content is for informational purposes only and does not constitute legal advice. H-1B eligibility depends on individual job duties and employer qualifications. Consult a licensed immigration attorney before proceeding.