Complete guide to the H1B specialty occupation visa. Covers the registration lottery, petition filing, premium processing, visa stamping at a US consulate, and H1B portability rules.
Confirm the position qualifies as a specialty occupation
The H1B requires a job that needs at least a US bachelor's degree (or foreign equivalent) in a specific specialty related to the role. Common qualifying fields: engineering, computer science, medicine, architecture, law, accounting. General business or management roles without a specific degree requirement are harder to approve.
Verify the role requires a bachelor's degree minimum in a specific field
Confirm the offered salary meets or exceeds the prevailing wage for the position
Verify the beneficiary's qualifications
You need a US bachelor's degree or a foreign equivalent. If your degree is from outside the US, get a credential evaluation from a NACES-member agency (WES, ECE, or similar). Three years of progressive work experience can substitute for 1 year of university education in some cases.
Obtain a foreign credential evaluation if degree is from outside the US
Gather degree certificates, transcripts, and experience letters
Employer files a Labor Condition Application (LCA)
The employer must file Form ETA-9035 with the Department of Labor before submitting the H1B petition. The LCA attests the employer will pay the prevailing wage (or actual wage, whichever is higher) and that hiring an H1B worker will not adversely affect working conditions. LCA processing takes 7 business days.
Determine the prevailing wage using the DOL's Online Wage Library
Post the LCA at the worksite for 10 business days (required)
Check if the employer is H1B cap-exempt
Universities, nonprofit research organizations, and government research organizations are exempt from the annual H1B cap. Employees of cap-exempt employers skip the lottery entirely and can file petitions year-round. If your employer is cap-exempt, skip the lottery registration section.
H1B Lottery Registration (Cap-Subject Only)
Employer completes electronic registration during the filing period
The H1B registration period opens in early March each year on the USCIS myUSCIS portal. Registration costs 215 USD per beneficiary (as of FY2026). Each beneficiary can only have 1 registration per employer — multiple registrations by the same employer result in all being invalidated.
Employer creates or logs into a USCIS online account
Submit registration with beneficiary's passport details by the deadline
Pay 215 USD registration fee per beneficiary
Wait for lottery results
USCIS conducts a random selection from all registrations. The annual cap is 65,000 regular + 20,000 for US master's degree holders. Selection rate has been around 25-30% in recent years. Results are posted on your USCIS account — selected registrations change status to 'Selected.'
Monitor your USCIS account for selection notification (typically late March)
If not selected, check for additional rounds (USCIS runs second lotteries if needed)
Understand the filing window after selection
Selected registrants have a 90-day filing window (April 1 - June 30 for first-round selections). The employer must file the full I-129 petition within this window. Missing the deadline forfeits the selection.
Petition Filing (Form I-129)
Prepare the I-129 petition package
The I-129 petition is filed by the employer (petitioner), not the employee (beneficiary). Most employers use an immigration attorney to prepare the filing. The petition must demonstrate the specialty occupation requirement, the beneficiary's qualifications, and the employer-employee relationship.
Complete Form I-129 with H Classification Supplement
Include the certified LCA
Attach the beneficiary's degree certificates and credential evaluation
Include a detailed job description and organizational chart
Prepare a specialty occupation support letter
The employer writes a letter explaining why the position requires a specific degree, what the job duties are, and how the beneficiary's education qualifies them. Include references to the DOL's Occupational Outlook Handbook to show the role typically requires a degree.
Pay filing fees
Base filing fee: 780 USD. Anti-fraud fee: 500 USD. ACWIA training fee: 750 USD (small employers with 25 or fewer employees) or 1,500 USD (26+ employees). Asylum program fee: 600 USD (small employers) or 4,000 USD (26+ employees). Total ranges from 2,630 to 6,780 USD depending on employer size.
Calculate total fees based on employer size and category
Submit checks or money orders payable to 'U.S. Department of Homeland Security'
Consider premium processing
Premium processing (Form I-907) guarantees USCIS action within 15 business days for an additional 2,805 USD. 'Action' means approval, denial, or a Request for Evidence (RFE) — not guaranteed approval. Worth it for time-sensitive start dates. The employer can file I-907 concurrently with I-129 or after.
File Form I-907 with 2,805 USD fee if faster processing is needed
Submit the complete petition to USCIS
Mail the petition to the correct USCIS service center
Use a trackable delivery service (FedEx, UPS, USPS Priority)
Keep copies of everything submitted
USCIS Adjudication
Receive the I-797C receipt notice
USCIS mails a receipt notice (Form I-797C) within 2-3 weeks of receiving the petition. This confirms the case number (WAC/LIN/EAC/SRC followed by numbers). Use this number to track your case on the USCIS Case Status page.
Note the receipt number from the I-797C
Track case status at egov.uscis.gov/casestatus
Respond to a Request for Evidence (RFE) if issued
RFEs are common — roughly 30-40% of H1B petitions receive one. USCIS gives 30-87 days to respond (stated on the RFE). Respond with every requested item and additional supporting evidence. Missing the RFE deadline results in automatic denial. Consult an immigration attorney for complex RFEs.
Review the RFE carefully with your attorney
Gather and submit all requested evidence before the deadline
Receive the I-797A approval notice
The approval notice (I-797A) includes a detachable I-94 for beneficiaries already in the US changing status. For those outside the US, the approval notice is used to schedule a visa interview at a US consulate. The H1B is approved for up to 3 years initially, extendable to 6 years total.
Visa Stamping at US Consulate (If Outside the US)
Complete DS-160 application
Fill out the DS-160 at ceac.state.gov. Select 'H1B' as the visa category. Have the I-797A approval notice handy — you will need the petition receipt number, employer details, and job title.
Complete DS-160 online
Upload a compliant visa photo (2x2 inches, white background)
Print the DS-160 confirmation page
Schedule and attend the visa interview
Interview wait times vary by consulate — check ustraveldocs.com. Common questions: What will you do at the company? What is your educational background? What is your salary? Bring the original I-797A, DS-160 confirmation, passport, degree documents, employment letter, and recent pay stubs (if currently working for the same employer).
Pay the MRV fee (185 USD)
Schedule interview at ustraveldocs.com
Attend interview with all supporting documents
Receive your passport with H1B visa stamp
If approved, your passport is returned within 1-2 weeks with the H1B visa stamp. Verify the visa category (H1B), validity dates, employer name, and petition number. You can only work for the sponsoring employer listed on the visa.
Verify all details on the visa stamp
Carry the I-797A approval notice when entering the US
After Approval: Maintaining H1B Status
Understand H1B portability rules
You can change employers (H1B transfer) without waiting for a new lottery. The new employer files a new I-129 petition, and you can start working for them as soon as USCIS receives the petition (receipt notice). You do not need to wait for approval. The new employer must file before your current H1B status expires.
New employer files I-129 with portability request
Begin working for new employer upon receipt of the new petition
Track H1B expiration and extension deadlines
H1B status is granted in 3-year increments, up to a maximum of 6 years. File an extension (new I-129) at least 6 months before expiration. If you have an approved I-140 (green card petition), you may be eligible for H1B extensions beyond 6 years under AC21 rules.
Calendar your H1B expiration date and set a 6-month reminder
Ask your employer to initiate the green card process (PERM) if applicable
Report material changes to USCIS
An amended H1B petition is required if there is a material change in your employment: job location change to a different metro area, significant change in job duties, change from full-time to part-time, or change in work address. Moving to a new desk in the same office does not require an amendment.
Maintain valid status if laid off or terminated
If your employment ends, you have a 60-day grace period (or until your I-94 expires, whichever is shorter) to find a new H1B sponsor, change status, or leave the US. The employer is required to notify USCIS and offer to pay your reasonable transportation costs back to your home country. Consult an immigration attorney immediately if your employment is terminated.
Frequently Asked Questions
What are the chances of winning the H-1B lottery?
With approximately 400,000-500,000 registrations competing for 85,000 slots (65,000 regular + 20,000 master's exemption), the selection rate is roughly 17-25% per year. USCIS implemented a beneficiary-centric selection in 2024, meaning each person gets one entry in the lottery regardless of how many employers register them. Your odds do not improve with multiple registrations from different employers. Candidates not selected can have their employers register again in the next fiscal year's lottery.
How much does the H-1B visa cost?
Government filing fees total $2,460-$4,460+ depending on employer size. The base filing fee is $780 (Form I-129), plus the $500 fraud prevention fee, $150 or $750 ACWIA fee (depending on employer size), and $600 asylum program fee. Premium processing ($2,805) is optional but common. The initial electronic registration costs $215 per beneficiary. Employers with 25+ employees pay a total of approximately $3,000-6,000 in government fees alone. Attorney fees typically range from $3,000-7,000. By law, the employer must pay all filing fees; they cannot be passed to the employee.
Can I change employers on an H-1B visa?
Yes, H-1B visa holders can change employers through H-1B transfer (portability). The new employer files a new H-1B petition on your behalf, and you can begin working for the new employer as soon as USCIS receives the petition (receipt date), before it is approved. H-1B transfers are not subject to the annual lottery cap. The new employer must file an LCA and meet all standard H-1B requirements, including paying the prevailing wage. Leaving your current employer before the new petition is filed is risky and not recommended.
What is the H-1B prevailing wage requirement?
The employer must pay the H-1B worker at least the prevailing wage for the specific occupation in the specific geographic area where the work will be performed. Prevailing wages are determined by the Department of Labor's Online Wage Library and are divided into 4 levels based on experience and skill. Level 1 (entry-level) to Level 4 (expert) can differ by $30,000-80,000+ depending on the occupation and location. Paying below the prevailing wage violates H-1B regulations and can result in fines, back wages, and debarment from the program.
What happens when my H-1B 6-year limit expires?
The standard H-1B maximum stay is 6 years (initial 3 years + 3-year extension). After 6 years, you must leave the US for at least 1 year before being eligible for a new H-1B. However, two exceptions allow extensions beyond 6 years: if a PERM labor certification or I-140 petition was filed at least 365 days before the H-1B expires (AC21 Section 104(c)), or if an I-140 is approved but a visa number is not available due to backlogs (AC21 Section 106(a)). These exceptions are critical for Indian and Chinese nationals facing long green card waits.