NonimmigrantEmployment-basedDual intentAnnual capForm I-129

H-1B Specialty Occupation Worker

For professionals in jobs that require at least a bachelor’s degree in a specific field. A U.S. employer files the petition, and most first-time workers must win the annual cap selection.

Last reviewed Oct 1, 2026Sources: USCISReport an error

At a glance

Initial period of stay: Up to 3 years
Maximum stay: 6 years, longer in some green card cases
Annual cap: 65,000 + 20,000 for U.S. master’s or higher
Registration fee: $215 per beneficiary
Base petition fee: $780 paper / $730 online
Premium processing: $2,965 · 15 business days

$100,000 payment: renewed, but not being collected. A Sept. 19, 2025 proclamation required a $100,000 payment for certain new H-1B petitions for workers outside the U.S. On June 8, 2026 a federal court in Massachusetts vacated USCIS’s guidance implementing it (State of California v. Mullin), and on July 24, 2026 the First Circuit refused to pause that order. DHS says it will comply with the order but plans to collect the payment if the order is lifted. A Sept. 18, 2026 proclamation renewed the requirement for 12 more months from Sept. 21, 2026. As of Oct. 1, 2026, USCIS has not published guidance on the renewal; its pages still state that it is complying with the court order. Separately, DHS proposed on Aug. 25, 2026 a $103,265 fee on every cap-subject H-1B petition; that rule is not final.

Overview

The H-1B classification lets a U.S. employer hire a foreign worker temporarily in a “specialty occupation” — a job that requires the theoretical and practical application of highly specialized knowledge and at least a bachelor’s degree, or its equivalent, in a directly related field. Typical roles include engineering, IT, finance, architecture, medicine and teaching. Before filing, the employer must get a Labor Condition Application (LCA) certified by the Department of Labor, promising to pay at least the required wage.

Most new H-1B workers count against an annual cap of 65,000, plus 20,000 extra numbers for people with a U.S. master’s degree or higher. Employers enter workers in an electronic registration each March. Starting with the fiscal year 2027 season, USCIS uses a weighted selection that gives better odds to higher wage levels. Universities and their affiliated nonprofits, nonprofit research organizations and government research organizations are exempt from the cap and can file at any time.

H-1B is a dual-intent classification: under INA §214(h), seeking a green card does not by itself break H-1B status. Workers can generally change employers once the new employer files a petition, and spouses and children come as H-4 dependents.

Who qualifies

The job must be a specialty occupation

The position normally requires at least a bachelor’s degree, or its equivalent, in a specific specialty directly related to the duties (since Jan. 17, 2025, “directly related” means a logical connection between the degree and the duties).
The employer has a bona fide job available as of the requested start date.
The employer has a certified LCA from the Department of Labor and pays at least the higher of the actual wage or the prevailing wage.

The worker must hold one of these

A U.S. bachelor’s or higher degree in the specialty, or a foreign degree equivalent to it.
An unrestricted state license, registration or certification needed to practice the occupation in the state of employment, where required.
Education, training and/or progressively responsible experience equivalent to the degree, plus recognition of expertise in the specialty.

For a cap-subject petition

The worker must have been selected in the H-1B electronic registration for that fiscal year (one registration per beneficiary per employer).
Cap-exempt employers (higher-education institutions and affiliated nonprofits, nonprofit or government research organizations) skip registration.

Duration & extensions

Initial period	Up to 3 years, tied to the LCA validity
Extension	Up to 3 more years, for a total of 6 years
Beyond 6 years	In up to 3-year increments with an approved EB-1/EB-2/EB-3 petition waiting only on visa availability, or 1-year increments if a labor certification or I-140 was filed at least 365 days earlier
After job loss	Up to a 60-day grace period (or until I-94 expiry, if sooner) to find a new sponsor, change status or leave; DHS proposed removing it on Sept. 11, 2026 (not final)

Fees

The employer pays the petition fees. Amounts are from the USCIS fee schedule (Form G-1055, edition 10/01/26) unless noted.

Fee	Amount	Who pays	Notes
H-1B registration (cap cases)	$215	Employer	Per beneficiary, paid when registering in March.
Form I-129 filing fee	$780	Employer	$730 if filed online; $460 for small employers (25 or fewer full-time-equivalent employees) and nonprofits.
Asylum Program Fee	$600	Employer	$300 for small employers; $0 for nonprofits.
ACWIA training fee	$1,500 or $750	Employer	$750 if the employer has 25 or fewer full-time-equivalent U.S. employees. Not owed by employers exempt under Section 2 of the H-1B Data Collection and Filing Fee Exemption Supplement.
Fraud Prevention and Detection Fee	$500	Employer	For an initial H-1B petition or a change of employer. Cannot be waived.
9-11 Response and Biometric Entry-Exit Fee (Pub. L. 114-113)	$4,000	Employer	Only employers with 50 or more U.S. employees, more than half in H-1B or L status, on petitions filed through Sept. 30, 2027. Since Sept. 9, 2026 it applies to all such petitions, including extensions with the same employer, except amendments that do not extend the worker’s stay.
Proclamation payment	$100,000	Employer	Only for certain new petitions for workers outside the U.S. Not currently collected: the implementing guidance was vacated by court order (June 8, 2026).
Premium processing (Form I-907)	$2,965	Employer	Optional; only the petitioner can request it. USCIS acts within 15 business days.
Visa application (MRV) fee	$205	Worker	For consular processing abroad; dependents pay it too. A reciprocity issuance fee may also apply depending on nationality.

H-4 family members in the U.S. file Form I-539 ($470 paper, $420 online) and, if eligible for an H-4 EAD, Form I-765 ($520 paper, $470 online). Public Law 119-21 (July 4, 2025) also created a Visa Integrity Fee of at least $250 on nonimmigrant visa issuance, but as of Oct. 1, 2026 it does not appear on the State Department’s visa fees page.

Processing time

Premium processing: 15 business days; Optional, for $2,965.
LCA review (DOL): 7 working days; DOL reviews LCAs for completeness and obvious errors.
Earliest filing: 6 months before start; A petition and the LCA cannot be filed more than 6 months before the start date.

Key dates

MarchElectronic registration (FY 2027 window: March 4–19, 2026)

By March 31Selection notices (FY 2027 selection completed March 31, 2026)

April 1 onwardAt least a 90-day window to file cap petitions

October 1Earliest start date for cap-subject employment

Regular processing times vary by form and service center; check USCIS processing times. Nationals of the 19 countries under full restrictions in the Dec. 16, 2025 travel proclamation (effective Jan. 1, 2026) cannot currently be issued nonimmigrant visas, including this one, unless an exception applies.

Application steps

1
Confirm the job qualifies
Check that the role requires a related bachelor’s degree, decide the wage level, and confirm whether the employer is cap-subject or cap-exempt.
2
Register (cap cases only)
In March the employer submits an online registration for each worker and pays $215. USCIS runs a wage-weighted selection if registrations exceed the cap.
3
Get the LCA certified
The employer files Form ETA-9035/9035E with the Department of Labor no more than 6 months before the start date.
4
File Form I-129
Within the filing window, the employer files the petition with the certified LCA, evidence of the specialty occupation and the worker’s degree, and the fees.
5
Visa or change of status
If approved, a worker abroad applies for an H-1B visa at a U.S. consulate; a worker already in the U.S. in another status can usually change status directly.
6
Start work
Cap-subject employment starts no earlier than Oct. 1. Eligible F-1 students may be covered by cap-gap until then.

Required documents

From the employer

Certified Labor Condition Application
Form I-129 with the H-1B Data Collection and Filing Fee Exemption Supplement
Job description showing the degree requirement
Registration selection notice (cap cases)
Proof of the $100,000 payment or an exception, if DHS resumes collecting it

From the worker

Degree diplomas and transcripts, or a credential evaluation
Experience letters if relying on equivalency
Required state license, if any
Passport and current immigration documents (if in the U.S.)

Dependents & family

Spouses and unmarried children under 21 may be admitted in H-4 status.

H-4 spouses cannot work unless they hold an employment authorization document (EAD). An H-4 spouse may apply on Form I-765 if the H-1B spouse is the beneficiary of an approved Form I-140 or has been granted H-1B time beyond 6 years based on a labor certification or immigrant petition filed at least 365 days earlier.

Since Oct. 30, 2025, renewal EAD applications no longer receive an automatic extension while pending, so H-4 spouses should file renewals early (up to 180 days before expiry).

Path to a green card

Because H-1B allows dual intent, many workers move to permanent residence through employer sponsorship while working in H-1B status.

Step 1

PERM labor certification

For most EB-2 and EB-3 cases, the employer tests the U.S. labor market and gets a Department of Labor certification.

Step 2

Form I-140

The employer files the immigrant petition; an approved I-140 can support H-1B extensions beyond 6 years and H-4 EAD eligibility.

Step 3

Adjustment or consular processing

When the priority date is current, the worker files Form I-485 in the U.S. or completes an immigrant visa abroad.

Self-petition routes such as EB-1A or the EB-2 national interest waiver are also open to qualifying H-1B workers.

L-1A / L-1B

Intracompany transferee

For employees moving within a multinational company; no annual cap.

O-1A

Extraordinary ability

For top-of-field professionals; no cap or lottery.

H-1B1

Chile and Singapore professionals

Treaty version of H-1B with its own quota.

E-3

Australian specialty workers

USMCA professionals

For Canadian and Mexican citizens in listed professions.

EB-2

Advanced degree green card

A common next step for H-1B workers.

Common questions

Do employers have to pay the $100,000 H-1B fee right now?

Not as of Oct. 1, 2026. A court vacated USCIS’s implementing guidance on June 8, 2026, the First Circuit declined to stay that order on July 24, 2026, and DHS says it is complying while the appeal continues. A Sept. 18, 2026 proclamation renewed the requirement through Sept. 21, 2027, so the situation could change if the court order is lifted. As written, it covers new petitions for workers outside the U.S. (or petitions requesting consular or port-of-entry notification); it does not change fees for H-1B extensions.

How does the weighted H-1B selection work?

Each registration states the highest OEWS wage level the offered wage equals or exceeds, and each unique beneficiary is entered at the lowest level among their registrations. Level IV beneficiaries are entered 4 times, level III 3 times, level II twice and level I once, so higher-paid offers have better odds. It applied for the first time to the FY 2027 registration in March 2026.

Can my H-4 spouse work?

Only with an H-4 EAD. The spouse qualifies if the H-1B worker has an approved Form I-140 or has been extended beyond 6 years based on a green card case filed at least 365 days earlier. Renewals no longer get an automatic extension, so file early.

Can I change employers on an H-1B?

Yes. A new employer files its own H-1B petition, and you can usually start working for it once the petition is properly filed or on its requested start date, whichever is later.

How long can I stay?

Up to 3 years at first and 6 years in total, with extensions past 6 years available in certain green card situations.

Official sources

Recent changes

Sep 18, 2026
$100,000 H-1B payment renewed for 12 months. Renews the entry restriction and $100,000 payment for certain H-1B petitions, effective 12:01 a.m. EDT Sept. 21, 2026 and expiring Sept. 21, 2027 absent extension. Collection remains blocked by the June 8, 2026 court order as of Oct. 1, 2026. Source ↗
Sep 18, 2026
Executive order on H-1B program integrity. Directs State, Labor and DHS to consider employers’ recent or planned layoffs of similarly situated U.S. workers when reviewing H-1B cases. Source ↗
Sep 11, 2026
Proposal to end the 60-day grace period. Proposed rule to remove 8 CFR 214.1(l)(2), the up-to-60-day grace period after employment ends for H-1B and certain other workers. Comments close Nov. 10, 2026; the grace period still applies until a final rule takes effect. Source ↗
Aug 25, 2026
Proposed $103,265 fee for cap-subject petitions. Proposed rule to add a $103,265 fee, payable at filing, to every H-1B cap-subject petition, including master’s cap cases, on top of all other fees. Comments closed Sept. 24, 2026; not in effect. Source ↗
Aug 10, 2026
9-11 Biometric Fee extended to all extension petitions. Covered employers (50+ U.S. employees, over half in H-1B or L status) must pay the $4,000 fee on H-1B extensions, including with the same employer. Effective Sept. 9, 2026. Source ↗
Jul 24, 2026
First Circuit denies stay in $100,000 case. The appeals court refused to pause the order vacating the $100,000 guidance; DHS says it will comply while it considers next steps. Source ↗
Jun 8, 2026
Court vacates $100,000 payment guidance. The U.S. District Court for the District of Massachusetts vacated the agency guidance implementing the payment (State of California v. Mullin, 1:25-cv-13829). Source ↗
Mar 31, 2026
FY 2027 cap reached in first weighted selection. USCIS received enough registrations in the March 4–19 window to reach the regular cap and the master’s cap; petitions could be filed from April 1, 2026. Source ↗
Mar 27, 2026
Proposed higher prevailing wage levels. Proposed rule to recompute the four OEWS wage levels used for LCAs (H-1B, H-1B1, E-3) and PERM. Comments closed May 26, 2026; not yet final. Source ↗
Mar 1, 2026
Premium processing fee rises to $2,965. Inflation adjustment from $2,805 for Form I-129 H-1B petitions. Source ↗
Dec 29, 2025
Weighted H-1B selection final rule. Replaces the random lottery with a selection weighted by OEWS wage level (level IV entered 4 times, level I once). Effective Feb. 27, 2026, first used for FY 2027. Source ↗
Oct 30, 2025
Automatic EAD extensions end. Renewal EAD applications filed on or after this date, including H-4 EADs, no longer get an automatic extension while pending. Source ↗
Sep 19, 2025
$100,000 payment for certain new H-1B petitions. Restricted entry of H-1B workers unless the petition is accompanied by a $100,000 payment, for petitions filed at or after 12:01 a.m. EDT Sept. 21, 2025. Source ↗
Jan 17, 2025
H-1B Modernization rule takes effect. Clarifies “specialty occupation,” extends F-1 cap-gap to April 1, allows beneficiary-owners, codifies site visits and deference to prior approvals. Source ↗

This page is general reference material compiled from the official sources above and is not legal advice. Eligibility depends on individual facts; rules and fees change, so confirm with the agency before you file. VisaTypes.com is not affiliated with USCIS, the Department of State or any government agency. Spotted an error? Tell us.