United States of America · work sponsored
H-1B Specialty Occupation
By Sam Parks · Last reviewed:
Employer-sponsored non-immigrant visa for specialty occupations requiring a bachelor’s degree or higher.
- Processing time
- Regular: 2–8 months (varies by service centre). Premium processing: 15 business days.
- 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 2,965.
- Typical duration
- Initial 3 years; extendable to 6 years (longer with approved I-140).
- Sponsorship required
- Yes
- Leads to permanent residency
- No
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 March. From FY2027, USCIS selects registrations through a wage-weighted process (each entered 1–4 times by OEWS wage level) rather than a purely random lottery. H-1B workers may be dual-intent, and many transition to employer-sponsored green cards (EB-2/EB-3).
Recent changes to this route
- US: premium processing rises to $2,965 and H-1B moves to wage-weighted selection12 January 2026
Two USCIS changes land for the FY2027 H-1B season: the Form I-907 premium-processing fee rises with inflation, and cap-subject H-1B selection switches from a random lottery to a wage-weighted process.
- USCIS final fee rule takes effect1 April 2024
USCIS implemented its first major fee schedule adjustment in nearly a decade, including differentiated H-1B filing fees by employer type.
Guidance by nationality
Specific information for applicants from these countries. Don’t see yours? The general eligibility criteria above apply to everyone.
Indian applicants
Indian nationals account for the majority of H-1B grants and face the longest green-card backlogs under EB-2 and EB-3 du…
Chinese applicants
Chinese nationals face material EB-2 and EB-5 backlogs under the per-country cap. STEM PhDs should consider EB-1A or EB-…
Filipino applicants
Filipino H-1B applicants concentrate in healthcare (registered nurses, physical therapists) and IT. Healthcare workers m…
Additional sources
Primary source
DOL — Labor Condition Application (LCA) ↗ · U.S. Department of Labor
Link last verified:
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
Employer files LCA with DOL
Labor Condition Application attests to prevailing wage and working conditions.
Electronic registration (cap-subject cases)
Employer registers the beneficiary in March and pays the registration fee; from FY2027 selection is wage-weighted, not a random draw.
File Form I-129 petition
If selected (or cap-exempt), employer files the H-1B petition with USCIS.
Consular processing or change of status
Beneficiary applies for an H-1B visa stamp abroad, or changes status inside the US.
Commence employment on 1 October (cap cases)
Cap-subject employment starts at the beginning of the new fiscal year.
Official application links
Where to actually go next
These are the official pages to use for this route. Open them before preparing documents: the forms, fees, appointment systems, and sponsor steps can change without warning.
- Official guidanceEmployerRegister H-1B beneficiary ↗
Cap-subject employers use this USCIS page to prepare the electronic registration before filing a petition.
U.S. Citizenship and Immigration Services · verified
- ApplyEmployerFile Labor Condition Application ↗
Employers use FLAG to submit the certified LCA required before the H-1B petition.
U.S. Department of Labor · verified
- ApplyEmployerFile Form I-129 ↗
Selected or cap-exempt employers use Form I-129 to petition USCIS for H-1B classification.
U.S. Citizenship and Immigration Services · verified
Fees and processing time
A typical H-1B Specialty Occupation application runs about US$3,595 in government fees (initial H-1B, standard employer (>25 FTE, not H-1B-dependent), no premium). A decision then typically takes 2 months – 8 months. Both change over time, so the dedicated pages below carry the itemised breakdown and the current official figures.
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Frequently asked questions
How is the H-1B cap selection structured?+
USCIS runs an electronic registration process in March. From FY2027 selection is wage-weighted — each registration is entered between one and four times according to its OEWS prevailing-wage level, so higher-paid roles are more likely to be selected (replacing the previous purely random lottery). 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 cap at all.
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.
How much does the H-1B cost, and does the employer or the worker pay?+
The employer files the H-1B petition and pays the government fees, which include the I-129 base of USD 780 for most employers, an ACWIA fee (USD 750 or 1,500), a USD 500 fraud-prevention fee, a USD 600 asylum program fee, and a USD 215 registration fee; optional premium processing is USD 2,965. Fees change often, so verify current amounts on uscis.gov before filing.
Can I stay on H-1B beyond 6 years while waiting for a green card?+
The H-1B is initially 3 years and extendable to 6 years, but it can be extended beyond 6 years once you have an approved I-140 immigrant petition. Indian nationals in particular commonly rely on these extensions while EB-2 or EB-3 priority dates wait. Confirm your situation on the official USCIS source.
Can work experience count toward H-1B eligibility if I don't have a degree?+
Possibly. The beneficiary must hold the required degree or an equivalent combination of education and experience, where three years of qualifying experience can substitute for one year of university education. The role must still genuinely qualify as a specialty occupation tied to a specific degree field. Confirm how your background is evaluated with USCIS.
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