H-1B Specialty Occupation

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.

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.

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.

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.

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.

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.