H-1B specialty occupation visas
For professionals in positions that require at least a bachelor’s degree or its equivalent in a specific field.
Overview
The H-1B visa lets U.S. employers hire foreign workers in ‘specialty occupations.’ These are jobs that normally need at least a bachelor’s degree, or its equal, in a specific field. Common examples include engineers, software developers, accountants and teachers.
Most new H-1B workers must go through a yearly cap. Congress allows 65,000 new cap H-1Bs each year, plus 20,000 more for people with a U.S. master’s degree or higher. Employers register online in March, and USCIS selects registrations. For the FY 2027 season, USCIS used a new wage-weighted selection system for the first time.
H-1B rules changed a great deal in 2025 and 2026. A presidential proclamation called for a $100,000 payment on some new petitions, but a federal court has blocked collection for now. Employers and workers should check the latest status before filing.
Key requirements
- The job must be a specialty occupation that normally requires at least a bachelor’s degree in a specific, directly related field.
- The worker must hold that degree (or a foreign equal), or have enough education and experience to equal it. Licensed jobs require the license.
- The employer must have a certified Labor Condition Application (LCA) from DOL and pay at least the higher of the actual or prevailing wage.
- Cap-subject employers must first win selection in the electronic registration. Cap-exempt employers, such as universities, related nonprofits and nonprofit or government research groups, may file any time.
- H-1B status is granted up to 3 years at a time, with a usual maximum of 6 years. Time spent outside the U.S. may be ‘recaptured.’
- Under AC21, a worker may extend past 6 years in 1-year steps if PERM or an I-140 was filed at least 365 days earlier, or in 3-year steps if an I-140 is approved but a green card number is not yet available.
- The worker may start with a new H-1B employer once the new petition is properly filed (‘portability’), if they are in valid status.
At a glance
What it is
- A temporary work visa sponsored by a U.S. employer
- Most new petitions go through the annual registration selection
- Initial period up to three years, extendable
Who it fits
- Employers hiring degreed professionals
- Graduates moving from student status
- Workers changing H-1B employers
How we help
- Registration and petition calendar
- Labor condition application and position analysis
- Petitions, transfers, extensions and RFE responses
- Review job descriptions and wage levels before registration
- Track the $100,000 payment litigation and advise on travel and consular timing
How the process works
Register for the cap
The employer submits an online registration for each worker in March, with the wage level for the job. Selection is weighted by wage level.
Form: USCIS online registration ($215 fee per registration as of FY 2027)Timing: March (FY 2027 window was March 4–19, 2026)
Get a certified LCA
The employer files the Labor Condition Application with DOL, confirming wage and working conditions, and posts notice to workers.
Form: ETA-9035/9035ETiming: DOL generally acts within 7 working days
File the H-1B petition
If selected, the employer files the full petition with the LCA, degree evidence and job details within the filing window.
Form: I-129 with H SupplementTiming: Filing window of at least 90 days starting April 1; premium processing available
Pay any required payment
Check whether the $100,000 proclamation payment applies to the case and whether it is currently being collected. As of September 2026 USCIS is not collecting it due to a court order.
Obtain the visa or change status
Workers in the U.S. may change status (often effective October 1). Workers abroad apply for a visa at a U.S. consulate.
Form: DS-160 (consular)
Transfer, amend or extend
A new employer files a new petition to transfer. The employer files an amendment for material job changes, such as a new worksite outside the LCA area, and extensions before status expires.
Form: I-129Timing: File before the current status ends
Documents to gather
- Passport, I-94 and prior H-1B or other status approval notices
- Degree diplomas and transcripts, plus a credential evaluation for foreign degrees
- Experience letters (if relying on work experience to equal a degree)
- Detailed job description showing why a specific degree is required
- Certified LCA and proof of public-access file and worker notice
- Offer letter with salary and worksite address
- Company information: FEIN, business description, financial records
- Recent pay stubs and W-2s (for transfers and extensions)
- PERM or I-140 receipts or approvals (for extensions beyond 6 years)
Common problems to avoid
- Registering with a wage level that does not match the job described in the petition, which can lead to denial.
- Describing a job too generally, so it does not show a need for a specific degree field.
- Moving the worker to a new worksite outside the LCA area without filing an amendment.
- Starting the green card too late to use AC21 extensions past the 6-year limit.
- Traveling abroad for a visa stamp without first checking current fee and entry rules.
- Paying the worker less than the LCA wage or ‘benching’ them without pay.
What has changed lately
Proclamation 10973 (September 19, 2025) required a $100,000 payment for certain new H-1B petitions, mainly for workers outside the U.S. It did not apply to changes of status, extensions or amendments for workers already in the U.S. A federal court in Massachusetts vacated the fee policy on June 8, 2026, and the First Circuit refused to pause that ruling on July 24, 2026, so USCIS is not collecting it. A different federal court upheld the fee in a separate case, and appeals continue.
On September 18, 2026, the President extended the H-1B entry restriction and $100,000 payment through September 21, 2027. Reports indicate the fee remains blocked by the court order while litigation continues.
DHS’s weighted selection rule took effect February 27, 2026, for the FY 2027 cap. Each worker is entered once for wage level I, twice for level II, three times for level III and four times for level IV. Separately, DHS proposed on August 25, 2026, a new $103,265 fee for cap-subject petitions; it is not final.
Rules, fees and processing times change often. Ask us to confirm what applies to your case today.
Frequently asked questions
Does the $100,000 H-1B payment apply to me?
As issued, it applied mainly to new petitions for workers outside the U.S. without a valid H-1B visa, or where the employer asked for consular processing. It did not apply to changes of status, extensions or amendments for people already in the U.S. As of September 2026 a court order blocks collection, but this may change quickly.
How does the new weighted lottery work?
Starting with the FY 2027 cap, each registration is entered into the pool based on the wage level the employer offers. A level IV job gets four entries and a level I job gets one. Each worker can still be selected only once.
What is a cap-exempt employer?
Colleges and universities, nonprofits related to or affiliated with them, and nonprofit or government research organizations are not subject to the yearly cap. They may file H-1B petitions any time of year. A worker with cap-exempt H-1B time who moves to a regular company usually must go through the cap.
Can I change jobs on an H-1B?
Yes. A new employer must file a new H-1B petition. If you are in valid H-1B status, you may generally start working for the new employer once USCIS receives the petition.
Can I stay longer than 6 years?
Possibly. If your employer filed PERM or an I-140 at least 365 days before, you may extend one year at a time. If your I-140 is approved but your green card is backlogged, you may extend three years at a time.
What if I lose my H-1B job?
You generally have a grace period of up to 60 days, or until your I-94 ends if sooner. During that time a new employer may file for you, or you may change to another status.
- USCIS: H-1B Specialty Occupations
- USCIS: H-1B Cap Season
- USCIS: H-1B Electronic Registration Process
- White House: Proclamation extending H-1B entry restriction (Sept. 18, 2026)
- Federal Register: Weighted Selection Process for Cap-Subject H-1B Petitions (Dec. 29, 2025)
- Federal Register: Fee for Certain H-1B Petitions (proposed rule, Aug. 25, 2026)
- eCFR: 8 CFR 214.2(h)
- DOL: H-1B Program and LCA
Information current as of September 2026. General information only, not legal advice.
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General information only, not legal advice. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee a similar outcome, and no particular result is promised. Responsible attorney: JJ Zhang, Esq., Tez Law P.C., 4141 S. Nogales St., Suite C102, West Covina, CA 91792.