H-1B Specialty Occupation Visa
The H-1B visa allows U.S. employers to temporarily employ foreign workers in specialty occupation roles that require at least a bachelor's degree or equivalent. It is the primary visa category for tech workers, engineers, scientists, financial analysts, architects, and other highly skilled professionals.
Get Started TodayEligibility Requirements
✓Requirements
- •Position must qualify as a 'specialty occupation' requiring at least a bachelor's degree in a specific field
- •Applicant must hold a U.S. bachelor's degree or foreign equivalent in the relevant field
- •A U.S. employer must sponsor the petition — self-employment is not permitted
- •Employer must file a Labor Condition Application (LCA) with the Department of Labor
- •Subject to an annual cap of 65,000 visas (plus 20,000 for U.S. master's degree holders)
- •Cap-exempt employers (universities, nonprofits affiliated with universities, government research organizations) can file year-round
★Benefits
- ✓Valid for 3 years, extendable to 6 years
- ✓Can be extended beyond 6 years if a green card application is pending
- ✓Allows dual intent — you can pursue permanent residency while on H-1B
- ✓Spouse and children under 21 may accompany on H-4 visa
- ✓H-4 EAD allows spouses to work in many circumstances
- ✓Can transfer to a new employer without leaving the U.S.
The Process
Case preparation
4–6 weeksOnce you engage us, we build your case: we tell you exactly which documents we need, review each one, and assemble the filing package. This stage moves at the pace documents reach us — the sooner we receive what we ask for, the sooner we can file.
Employer files LCA
1–2 weeksLabor Condition Application submitted to Department of Labor. Typically takes 7 business days.
Cap registration
March windowFor cap-subject petitions, USCIS runs an electronic registration each March. Beginning with the FY2027 cap, selection uses a wage-weighted system rather than a pure random lottery, favoring higher-wage-level positions. Registration window is typically early-to-mid March.
Petition filing
1–6 monthsIf selected in the cap registration, employer files Form I-129 with supporting documents. Premium processing available for 15-business-day adjudication.
Approval & start date
October 1 startH-1B cap-subject employment can begin October 1 of the fiscal year.
Processing Details
Timeline
3–6 months standard; 15 business days with premium processing
Government Fees
Government fees range from $1,710–$6,460 depending on employer size and options. A separate $100,000 supplemental fee applies to new H-1B petitions for beneficiaries who are abroad and do not hold a valid H-1B visa, filed on or after September 21, 2025, under a 2025 presidential proclamation. Attorney fees additional.
Key Documents Required
- •Signed job offer letter with job description and salary
- •Educational credentials (transcripts, degree certificates)
- •Resume and work history
- •Employer documentation (EIN, company description, financial records)
- •Labor Condition Application approval
- •If applicable: credential evaluation for foreign degrees
Frequently Asked Questions
Clear answers to common immigration questions.
Still have questions? Speak directly with an immigration attorney.
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H-1B
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Founder & Immigration Attorney
- •Washington State Bar Association
- •New York State Bar Association
Business Immigration Specialist
- •Licensed Attorney (São Paulo, Brazil)
- •LL.M., Global Business Law
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