H-1B Specialty Occupation Visas

Overview

The H-1B specialty occupation visa allows U.S. employers to temporarily hire foreign workers in specialized fields requiring theoretical and practical application of highly specialized knowledge. With an annual cap of 85,000 visas, the H-1B program uses an electronic registration and lottery system to manage demand that far exceeds available numbers.

H-1B Annual Cap System

Numerical Limitations

Cap-Exempt Categories

The following H-1B positions are NOT subject to the annual cap:

• Higher Education Institutions: Universities and related nonprofit entities
• Nonprofit Research Organizations: Entities engaged in research activities
• Government Research Organizations: Federal, state, and local government research
• H-1B Extensions: Renewals with current H-1B employers
• Employer Changes: Transfers between cap-exempt employers
• Previously Counted: Workers counted against cap in previous six fiscal years

Electronic Registration Process

Registration Timeline

Beneficiary-Centric Selection System

Registration Requirements

• Employer Account: U.S. employer must create myUSCIS business account
• Valid Job Offer: Legitimate full-time or part-time specialty occupation position
• Beneficiary Information: Complete biographical and passport information
• Registration Fee: $215 per registration (non-refundable) - significant increase for FY 2026
• Attestation: Employer certification of job offer legitimacy under penalty of perjury
• Multiple Employers: Different employers can register same beneficiary

Specialty Occupation Requirements

Position Requirements

The job must meet the definition of a specialty occupation:

• Bachelor's Degree Minimum: Position normally requires bachelor's degree or higher in specific specialty
• Degree Requirement Common: Degree requirement is common for similar positions in the industry
• Employer Normally Requires: Employer normally requires degree for the position
• Specialized Knowledge: Nature of duties requires specialized knowledge typically associated with bachelor's degree level

Beneficiary Qualifications

The foreign worker must meet at least one of these criteria:

• Bachelor's Degree: U.S. bachelor's degree or foreign equivalent in specialty field
• Higher Education: Master's degree, PhD, or professional degree in related field
• Professional License: Unrestricted state license to practice in specialty occupation
• Experience Equivalent: Education + specialized training + experience equivalent to degree

Common Specialty Occupations

Labor Condition Application (LCA)

DOL Requirements

Before filing the H-1B petition, employers must obtain a certified Labor Condition Application from the Department of Labor:

• Prevailing Wage: Must pay at least the prevailing wage for the occupation and geographic area
• Working Conditions: Working conditions will not adversely affect similarly employed U.S. workers
• No Strike/Lockout: No strike or lockout in course of labor dispute at place of employment
• Notice Requirement: Provide notice to workers and/or union representatives

Wage Level Determinations

H-1B Petition Process

Form I-129 Filing

After registration selection, employers must file Form I-129 petition:

• Filing Period: April 1 - June 30 (for October 1 start date)
• Selection Notice Required: Must include copy of selection notice
• Passport Evidence: Copy of beneficiary's passport used during registration
• Filing Fee: $780 base fee (as of 2025)
• Additional Fees: Anti-fraud fee ($500), ACWIA fee ($750-$1,500), premium processing ($2,805 optional)

Required Documentation

• Certified LCA: Approved Labor Condition Application from DOL
• Job Offer Letter: Detailed position description and requirements
• Educational Credentials: Degree certificates and transcripts
• Professional Qualifications: Licenses, certifications, work experience
• Employer Evidence: Business registration, tax documents, ability to pay
• Specialty Occupation Evidence: Job duties requiring specialized knowledge

Processing Options

H-1B Status and Benefits

Duration and Extensions

• Initial Period: Up to 3 years
• Extensions: Additional 3 years (6 years maximum)
• Beyond 6 Years: Possible if I-140 approved or PERM/I-140 pending for 1+ years
• Recapturing Time: Time spent outside U.S. can extend 6-year limit

Work Authorization

• Employer Specific: Can only work for sponsoring employer
• Concurrent Employment: Multiple H-1B employers possible with separate approvals
• Amendment Required: Material changes to job duties or location require petition amendment
• Portability: Can change employers if new H-1B petition filed before current expires

Dependent Benefits (H-4 Status)

• Eligible Dependents: Spouse and unmarried children under 21
• Duration: Same period as H-1B principal
• Education: Can attend school or university
• Work Authorization: Available if H-1B has approved I-140 or is in 6th year of H-1B
• Travel: Can travel with valid H-4 status and documentation

Common Challenges and Solutions

Registration and Lottery Issues

• Low Selection Odds: Only 25.8% selection rate in FY 2025 - consider cap-exempt employers
• Technical Issues: Registration system can be overwhelmed - register early in window
• Multiple Registrations: Different employers can register same beneficiary - increases odds
• Fraud Concerns: Only work with legitimate employers making genuine job offers

Specialty Occupation Denials

• Generic Job Titles: Avoid broad titles like "analyst" - use specific descriptors
• Entry-Level Positions: Show complexity requiring degree-level knowledge
• Degree Relevance: Demonstrate direct relationship between degree field and job duties
• Industry Standards: Provide evidence that similar positions require degrees

Prevailing Wage Challenges

• Low Wage Levels: Ensure offered wage matches or exceeds LCA wage level
• Geographic Areas: Use correct Metropolitan Statistical Area for wage determination
• Experience vs. Wage: Higher experience levels should correspond to higher wage levels
• Actual Wage: Must pay higher of prevailing wage or actual wage paid to similar employees

Alternative Visa Options

When H-1B May Not Be Best Option

Path to Permanent Residence

Employment-Based Green Card Categories

• EB-1A: Extraordinary ability (no PERM required)
• EB-1B: Outstanding researchers/professors (no PERM required)
• EB-1C: Multinational executives/managers (no PERM required)
• EB-2: Advanced degree professionals (PERM required unless NIW)
• EB-3: Skilled workers and professionals (PERM required)

Timing Strategies

• Start Early: Begin PERM process in 1st-2nd year of H-1B
• Priority Date Management: Monitor visa bulletin for current priority dates
• H-1B Extensions: Available beyond 6 years if I-140 approved or PERM pending 1+ years
• Premium Processing: Use for I-140 to establish priority date quickly

Resources and Support

Official Resources

• USCIS H-1B Information
• DOL Prevailing Wage Information
• Current H-1B Filing Fees
• H-1B Electronic Registration Process

Professional Support

• Immigration Attorneys: Essential for complex cases and RFE responses
• HR Professionals: Employer guidance on LCA and compliance requirements
• Credential Evaluation Services: For foreign degree equivalency determinations
• Employer Organizations: Industry associations providing H-1B guidance