H-1B Specialty Occupation Visa
Hire specialized foreign workers for positions requiring a bachelor's degree or higher. I guide employers through H-1B cap registrations, lottery petitions, transfers, and extensions.
H-1B Categories
Cap-Subject, Cap-Exempt, and Transfers
Understanding which H-1B category applies to your situation determines the filing strategy and timeline.
H-1B Cap-Subject
Standard H-1B petitions subject to the annual 65,000 regular cap plus 20,000 for U.S. master's degree holders. Requires lottery registration in March.
H-1B Cap-Exempt
Employers including universities, nonprofit research organizations, and government research organizations are exempt from the annual cap.
H-1B Transfer
Workers already in H-1B status can transfer to a new employer. The new petition is cap-exempt and can be filed at any time.
Eligibility
H-1B Requirements
Specialty Occupation Position
The job must require a minimum of a bachelor's degree (or equivalent) in a specific specialty directly related to the position.
Qualified Beneficiary
The foreign worker must hold at least a U.S. bachelor's degree (or foreign equivalent) in the relevant field, or have equivalent work experience.
Employer-Employee Relationship
A valid employer-employee relationship must exist where the employer has the right to control when, where, and how the worker performs their duties.
Prevailing Wage Requirement
The employer must pay at least the prevailing wage for the occupation in the geographic area where the work will be performed.
Benefits for Employers
- Hire specialized global talent
- Up to 6 years of work authorization
- Dual intent allows green card pursuit
- Spouse eligible for H-4 visa
- H-4 EAD available in certain cases
- Transfer between employers permitted
The Lottery
H-1B Cap Registration Process
The annual H-1B lottery determines which cap-subject petitions can be filed. Strategic preparation is essential for success.
Registration Period
USCIS opens electronic registration in early March. Employers submit basic information about the beneficiary and job.
Lottery Selection
USCIS conducts the random selection process. Results are typically announced in late March or early April.
Petition Filing
If selected, employers have at least 90 days to prepare and file the complete H-1B petition with USCIS.
USCIS Adjudication
USCIS reviews the petition and may issue an RFE. Premium processing (15 business days) is available.
Approval & Start Date
Approved petitions typically have an October 1 start date for the new fiscal year.
Timeline
Processing Times
LCA Filing
7-10 daysLabor Condition Application with DOL
H-1B Petition
3-6 monthsRegular USCIS processing
Premium Processing
15 business daysExpedited USCIS adjudication
H-1B Transfer
1-4 monthsCan begin work upon receipt notice
Costs
Government Filing Fees
Base Filing Fee
USCIS Form I-129 filing fee
ACWIA Fee
Based on employer size
Fraud Prevention Fee
Required for all initial H-1B
Premium Processing
Optional expedited processing
Asylum Program Fee
For employers with 26+ employees
*Fees subject to change. Attorney fees are separate. Contact us for a complete cost estimate.
Cap-Exempt Employers
No Lottery Required
Certain employers can file H-1B petitions at any time without participating in the annual lottery. I help these organizations take advantage of cap-exempt status.
Higher Education
Colleges, universities, and related nonprofit entities can sponsor H-1B workers year-round.
Research Organizations
Nonprofit research organizations and government research entities are exempt from the cap.
Transfers & Extensions
Workers already counted against the cap can transfer or extend without going through the lottery again.
Common Questions
H-1B Visa FAQs
What is the H-1B lottery and when does it occur?
The H-1B lottery is a random selection process USCIS uses when applications exceed the annual cap of 85,000 visas. Electronic registration opens in early March, and employers must register each potential H-1B worker. Selection results are announced in late March or early April.
What qualifies as a specialty occupation?
A specialty occupation is one that requires theoretical and practical application of a body of highly specialized knowledge and at least a bachelor's degree (or equivalent) in the specific specialty. Common fields include engineering, IT, science, medicine, architecture, and accounting.
Can I hire an H-1B worker if I'm a small company?
Yes, small companies can sponsor H-1B workers. However, USCIS may scrutinize smaller employers more closely to verify the specialty occupation and employer-employee relationship. Proper documentation of the position and business operations is essential.
How long can an employee stay on H-1B status?
The initial H-1B period is up to 3 years, with the possibility of extension for another 3 years, totaling 6 years maximum. Extensions beyond 6 years are possible if a green card application (PERM or I-140) is pending or approved.
What is the difference between H-1B transfer and amendment?
An H-1B transfer is when a worker in valid H-1B status moves to a new employer. An amendment is required when there are material changes to employment with the same employer, such as a new work location, significant change in duties, or change in hours.
Are universities and nonprofits exempt from the H-1B cap?
Yes, institutions of higher education, nonprofit entities affiliated with universities, nonprofit research organizations, and government research organizations are cap-exempt. Workers can be hired at any time without going through the lottery.
What happens if the H-1B petition is denied?
If denied, the employer may file a motion to reopen or reconsider, or appeal to the AAO. If the worker is currently in the U.S., they may need to change status, leave the country, or the denial may be challenged while maintaining status if done correctly.
Can an H-1B worker change employers?
Yes, H-1B portability allows workers to transfer to a new employer. Once the new employer files an H-1B petition, the worker can begin employment upon USCIS receipt of the new petition, even before approval.
Ready to hire specialized talent?
Let's discuss your H-1B needs and create a strategic plan for bringing your next great hire to the U.S.