US H-1B visa: specialty occupation work permit

The job must be a specialty occupation requiring a bachelor’s degree or higher in a specific field, and you must hold that degree or its equivalent (a foreign degree, or education and experience evaluated as equivalent), or an unrestricted state licence where required. The employer files a Labor Condition Application with the Department of Labor, attesting to wages at least equal to the prevailing or actual wage, then files Form I-129 with USCIS.

USCIS fees on the employer are $780 ($730 online), the $600 Asylum Program Fee ($300 for small employers, $0 for non-profits), the $500 fraud prevention fee, the ACWIA fee of $750 or $1,500, and $4,000 for some employers with over half their staff on H-1B or L-1. Proclamation 10973 of September 2025, extended by Proclamation 11069 to 21 September 2027, requires a $100,000 payment for certain new H-1B petitions. However, a federal court vacated the guidance implementing that payment on 8 June 2026 and the appeals court refused a stay on 24 July 2026; USCIS states it is complying with the order while the case continues. A separate proposal for a $103,265 fee was only proposed in August 2026.

There are 65,000 new H-1B numbers a year plus 20,000 for holders of a US master’s degree or higher; universities, affiliated non-profits and government research organisations are cap-exempt. Employers register each beneficiary electronically in March for $215. Under the DHS final rule of 29 December 2025, used for the FY 2027 season, selection is weighted towards higher wage levels. Only selected registrations can be filed as petitions, for employment starting on or after 1 October.

After USCIS approves the petition (Form I-797), complete the DS-160, pay the $205 visa fee and attend an interview at the U.S. embassy or consulate in your country of nationality or residence with the approval notice and a copy of the petition. H-1B applicants must set their social media accounts to public. You may enter up to 10 days before the start date.

Spouses and children under 21 come on H-4 visas. Initial admission is up to 3 years, extendable to a maximum of 6; time beyond 6 years is possible in some cases linked to a pending green card process. H-1B allows dual intent, so an employer can sponsor you for permanent residence while you hold it.