United States of America · work sponsored
H-1B Specialty Occupation
Employer-sponsored non-immigrant visa for specialty occupations requiring a bachelor’s degree or higher.
Last reviewed:
Overview
The H-1B allows US employers to temporarily employ foreign workers in specialty occupations. The program is subject to an annual statutory cap (65,000 regular plus 20,000 US-master’s exemption) and most cap-subject applications must first be registered in the March electronic lottery. H-1B workers may be dual-intent, and many transition to employer-sponsored green cards (EB-2/EB-3).
Processing time
Regular: 2–8 months (varies by service centre). Premium processing: 15 business days.
See source window: 2 months – 8 months →Government fees
I-129 base USD 780 (for most employers), plus ACWIA (USD 750/1,500), fraud prevention (USD 500), asylum program fee (USD 600), plus USD 215 registration. Premium processing USD 2,805.
Typical duration
Initial 3 years; extendable to 6 years (longer with approved I-140).
Primary source
USCIS — H-1B Specialty Occupations · U.S. Citizenship and Immigration Services
Link last verified:
Additional sources
Eligibility
Typical criteria
The role must qualify as a specialty occupation, normally requiring a US bachelor’s degree or higher in a specific field.
The beneficiary must hold the required degree or an equivalent combination of education and experience (three years of experience substitutes for one year of education).
The sponsoring employer must file a certified Labor Condition Application with the Department of Labor before filing Form I-129.
For cap-subject filings, the employer must first register the beneficiary in the electronic H-1B registration (March) and be selected.
Common blockers
Generic IT job descriptions that fail to establish a specialty-occupation link to a specific degree field.
Third-party placement without itineraries and end-client documentation.
Wages offered below the DOL-certified prevailing wage level.
Typical evidence
Certified LCA (ETA-9035), Form I-129 with H supplement, and employer support letter.
Beneficiary’s degree certificate and transcripts, with credential evaluation if the degree is non-US.
Detailed description of duties linking the role to the specialty occupation.
Application pathway
Step 1
Employer files LCA with DOL
Labor Condition Application attests to prevailing wage and working conditions.
Step 2
Electronic registration (cap-subject cases)
Employer registers the beneficiary in the March lottery and pays the registration fee.
Step 3
File Form I-129 petition
If selected (or cap-exempt), employer files the H-1B petition with USCIS.
Step 4
Consular processing or change of status
Beneficiary applies for an H-1B visa stamp abroad, or changes status inside the US.
Step 5
Commence employment on 1 October (cap cases)
Cap-subject employment starts at the beginning of the new fiscal year.
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Frequently asked questions
How is the H-1B lottery structured?
USCIS runs an electronic registration process in March. Selections are made first against the 65,000 regular cap, then against the 20,000 advanced-degree exemption for US-master’s holders. Cap-exempt employers (higher education, certain non-profits, governmental research) are not subject to the lottery.
Can an H-1B applicant self-petition?
No. The H-1B requires a sponsoring US employer. Individuals without an employer sponsor typically consider O-1 (extraordinary ability), EB-2 National Interest Waiver, or entrepreneurial routes such as the International Entrepreneur Rule.
Does H-1B allow dual intent?
Yes. H-1B is a dual-intent visa. Filing an immigrant petition (I-140) or a labor certification does not in itself affect H-1B status.
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