Updated November 12, 2026

H-1B visa laws: specialty occupation rules, LCA wages, caps, portability, and AC21 extensions

US H-1B visa laws under the Immigration and Nationality Act let employers temporarily hire foreign professionals in specialty occupations that require at least a bachelor's degree or its equivalent in a directly related specific specialty. USCIS states that Congress sets an annual regular cap of 65,000 visas plus 20,000 slots for US master's or higher degree holders, and the Department of Labor requires your employer to pay the higher of the prevailing or actual wage. You generally receive up to 3 years initially and 6 years total, with job portability and AC21 extensions past year 6.

What qualifies as an H-1B specialty occupation?

Congress created the modern H-1B program under the Immigration and Nationality Act, as amended by the Immigration Act of 1990, with core labor and admission rules at INA sections 212(n) and 214(c) (8 U.S.C. 1182(n) and 1184). Four federal agencies share oversight of your case. The Department of Labor Employment and Training Administration certifies Labor Condition Applications, and USCIS adjudicates Form I-129 petitions under Volume 2, Part H of the USCIS Policy Manual. If you apply from abroad, the Department of State issues your visa, and US Customs and Border Protection controls admission at the port of entry.

Under 8 CFR 214.2(h)(4)(ii), a specialty occupation requires theoretical and practical application of highly specialized knowledge. It also requires a US bachelor's or higher degree in a directly related specific specialty, or its equivalent, as the minimum entry requirement. USCIS defines directly related as having a logical connection between the required degree and your job duties. Under 8 CFR 214.2(h)(4)(v)(A) through (B), if a state or local license is required to practice fully, you must generally hold that license before USCIS approves the petition, or USCIS will issue a Request for Evidence.

• Position test 1 (8 CFR 214.2(h)(4)(iii)(A)): A US bachelor's or higher degree in a directly related specific specialty, or its equivalent, is normally the minimum entry requirement for the occupation. In these rules, normally means usual, typical, common, or routine rather than always.
• Position test 2: A directly related US bachelor's or higher degree, or its equivalent, is normally required in parallel positions among similar organizations in your employer's industry in the United States.
• Position test 3: Your employer, or the third party if you will be staffed to a client, normally requires a directly related US bachelor's or higher degree, or its equivalent, to perform the duties.
• Position test 4: Your specific job duties are so specialized, complex, or unique that the knowledge required to perform them is normally associated with a US bachelor's or higher degree in a directly related specific specialty, or its equivalent.
• Your qualifications (8 CFR 214.2(h)(4)(iii)(C)): You must hold an accredited US bachelor's or higher degree required by the specialty, hold an equivalent foreign degree, or hold an unrestricted state license for full practice in the employment state. You can also qualify through education, specialized training, and progressively responsible experience equivalent to a US bachelor's degree, paired with recognized expertise in the specialty.

Specialty worker visa sub-classifications and related treaty categories

How do the H-1B cap and FY 2027 lottery work?

Congress limits cap-subject H-1B grants each fiscal year to a 65,000 regular cap. Up to 6,800 of those slots are set aside for Chile and Singapore H-1B1 visas, and unused slots roll into the next fiscal year's regular H-1B cap. Another 20,000 petitions are exempt under INA 214(g)(5)(C) if you hold a US master's or higher degree. USCIS runs the regular cap selection across all registered beneficiaries first, then selects remaining US advanced degree holders for the 20,000 exemption. You must earn the qualifying US degree before your employer files Form I-129. Petitions are cap-exempt all year for US institutions of higher education, their affiliated or related nonprofits, nonprofit or government research organizations, and work in Guam or the Commonwealth of the Northern Mariana Islands filed before December 31, 2029 under Public Law 110-229.

Cap-subject employers register workers electronically during a window of at least 14 calendar days. For FY 2027, registration ran from March 4, 2026 at noon Eastern through March 19, 2026 at 5:00 p.m. Eastern, with selection notices targeted by March 31 and petition filing starting April 1. Under the beneficiary-centric rule launched in FY 2025, you count once in the lottery under a single valid passport no matter how many unrelated employers register you. By our calculation from USCIS H-1B Electronic Registration Process data, eligible registrations for beneficiaries with multiple entries fell by 401,063 between FY 2024 (408,891) and FY 2026 (7,828). Total eligible registrations dropped by 415,013 over the same span, from 758,994 in FY 2024 to 470,342 in FY 2025 and 343,981 in FY 2026 (a 26.9 percent drop from FY 2025 to FY 2026).

Effective February 27, 2026 for the FY 2027 cap, USCIS weights lottery selections by Occupational Employment and Wage Statistics (OEWS) wage levels for your Standard Occupational Classification (SOC) code and worksite area. Under 8 CFR 214.2(h)(10)(ii) and 8 CFR 214.2(h)(11)(iii)(A)(2), your employer must attest under penalty of perjury that the job offer is bona fide, meets the selected wage level, and involves no unfair coordination with other entities. False attestations lead to denial or revocation and federal law enforcement referrals.

USCIS FY 2027 wage-weighted lottery selection multipliers

What are the LCA wage rules and Project Firewall penalties?

Before filing an H-1B specialty occupation or fashion model petition, your employer must submit Form ETA-9035E electronically through the Department of Labor Foreign Labor Application Gateway (FLAG) system no more than 6 months before your start date. The Department of Labor reviews LCAs within 7 working days. Under INA section 212(n) and 20 CFR Part 655, Subparts H and I, your employer carries the burden of proof on four labor attestations. It must pay at least the required wage, which is the higher of the actual wage paid to similarly qualified in-house workers at your worksite or the local prevailing wage. It must also maintain working conditions that do not adversely affect similarly employed workers, confirm there is no strike or lockout, and give notice to the union or post workplace notice (including electronic notice under Field Assistance Bulletin 2019-3).

Under Department of Labor Fact Sheet #62G, your employer must pay the guaranteed minimum hours listed in Item 5 of Form I-129 even when no productive work is available. That bench-pay rule applies unless you voluntarily ask for personal time off or cannot work for non-work reasons. Guaranteed pay starts when you enter employment, and no later than 30 days after you enter the United States to take the job or 60 days after your US work authorization takes effect.

On September 19, 2025, the Department of Labor launched Project Firewall to protect American workers' wages and hold noncompliant employers accountable. Under Fact Sheet #62U, the Wage and Hour Division opens investigations from four triggers: a Form WH-4 complaint, credible third-party information, random audits for up to 5 years against willful violators, or a Secretary of Labor reasonable-cause certification. Penalties include back wages, civil fines adjusted annually for inflation by January 15, and program debarment for at least 1 year. Employers and interested parties have 15 days to request an Administrative Law Judge hearing and 30 days to appeal that decision to the Administrative Review Board.

How to file Form I-129 and which H-1B fees apply

Your employer can file Form I-129 online or by mail up to 6 months before your start date. Cap-subject petitions must request an October 1 or later start date within the 90-day filing window (USCIS rejects ASAP start dates) and match the selected registration's passport, wage level, SOC group, and employer details. Under 8 CFR 214.2(h)(2)(i)(G) and Matter of S- Inc. (Adopted Decision 2018-02), USCIS denies or revokes duplicative petitions filed for the same worker by an employer or its related entities without a legitimate business need, and does not refund filing fees.

USCIS rejects any petition sent with the wrong fee under Form G-1055. Two 2026 rules changed employer filing costs. A final rule announced January 9, 2026 (effective March 1, 2026) raised Form I-907 premium processing fees for inflation from June 2023 through June 2025. A second final rule issued August 10, 2026 (effective September 9, 2026) requires employers with 50 or more US workers and more than 50 percent in H-1B, L-1A, or L-1B status to pay the 9-11 Biometric Fee on all H-1B petitions except amendments that do not extend stay.

Separately, the September 19, 2025 Presidential Proclamation (effective September 21, 2025 at 12:01 a.m. Eastern) ordered a supplemental payment, shown in the table below, for H-1B petitions covering workers outside the country without a valid H-1B visa, consular or port notifications, or denied status changes. That proclamation exempted valid H-1B visa holders and approved in-country extensions, amendments, or status changes. On June 8, 2026, the US District Court for the District of Massachusetts vacated the agency's payment guidance in State of California v. Mullin (1:25-cv-13829), and on July 24, 2026, the First Circuit denied a stay pending appeal. DHS is complying with the court order and is not collecting the payment while the order stands.

Fees from uscis.gov, as of November 2026

How long can you stay on an H-1B visa?

Standard H-1B admission lasts up to 3 years initially and extends up to 3 more years, for a 6-year total limit. To start a fresh 6-year cycle, you must spend 1 continuous year outside the United States and go through the cap again if your new job is cap-subject. Under DHS's December 18, 2024 final rule, a company where you own more than 50 percent equity or hold majority voting rights can sponsor you as a beneficiary owner if you perform specialty occupation duties a majority of the time. For beneficiary owners, the initial petition and first extension are limited to up to 18 months each.

Only physical days you spend inside the United States in H-1B status count toward your 6-year limit. Your employer can recapture any trip outside the country lasting more than 24 hours by submitting CBP Form I-94 records, passport stamps, and travel receipts. The 6-year limit does not apply at all if your employer proves with clear and convincing evidence that your US H-1B work is seasonal, intermittent, or totals 6 months or less per year.

AC21 regulations let you extend H-1B status past year 6 through two pathways, even if you switched to another status like O-1 or apply from abroad. Under 8 CFR 214.2(h)(13)(iii)(E), if you have an approved EB-1, EB-2, or EB-3 Form I-140 and your Visa Bulletin priority date is not current, your employer can request extensions in up to 3-year increments. Under 8 CFR 214.2(h)(13)(iii)(D), if a PERM labor certification or immigrant petition was filed at least 365 days before your requested start date, your employer can request up to 1-year increments. To keep those 1-year extensions, you must apply to adjust status or seek an immigrant visa within 1 year after a visa becomes available, unless USCIS excuses a late filing beyond your control.

How H-1B job portability, the 240-day rule, and the 60-day grace period work

H-1B portability lets you change employers without waiting for final USCIS approval, as long as you were lawfully admitted and never worked without authorization. You can start at the new employer as soon as USCIS properly receives its timely, non-frivolous Form I-129, or on the requested start date if later. That same immediate-start rule covers material job changes with your current employer and concurrent cap-subject petitions filed while you keep a cap-exempt H-1B job. If you leave cap-exempt work completely for a cap-subject employer, you must clear the H-1B cap unless you were already counted.

If your Form I-94 expires while a timely, non-frivolous extension for the same job and same employer is pending, you may keep working for up to 240 days (or until USCIS denies the petition, if earlier). By contrast, a timely portability petition to change employers or amend job terms lets you work for the entire time the petition stays pending.

If you are laid off, fired, or resign, you have up to 60 consecutive days (or until your Form I-94 expires, if shorter) to stay in status and take your next step. Within that window, a new employer can file an H-1B transfer, or you can apply to change status, adjust status, request a 1-year Compelling Circumstances EAD, or leave the country. If your employer terminates you involuntarily before your authorized stay ends, it must pay the reasonable cost of your return transportation abroad. USCIS may also excuse a status lapse for extraordinary circumstances if you show credible proof that your employer retaliated after you reported an LCA violation.

How dual intent, green card travel, and H-4 family rules work

H-1B status allows dual intent, so you can pursue a green card while extending your stay or traveling on an H-1B visa. Once USCIS approves your Form I-140, you keep that priority date unless USCIS revokes the petition for fraud, willful misrepresentation, or agency error. After Form I-140 has been approved for at least 180 days, USCIS will not revoke it just because your employer withdraws it or closes its business. Once your Form I-485 stays pending for at least 180 days, INA section 204(j) lets you port to a same or similar job, including legitimate self-employment, by filing Form I-485 Supplement J.

Check any pending filings before you travel outside the United States. Leaving while a Form I-129 change of status is pending abandons the change-of-status request, meaning you will need an H-1B visa stamp from a US embassy or consulate abroad to enter in H-1B status. Leaving while an extension of stay is pending generally does not affect the extension if you were physically in the country when it was filed. If you have a pending Form I-485, you avoid abandoning it when you return on a valid H-1B visa to resume work for your authorized employer, or when you travel within the validity dates of an approved Form I-131 Advance Parole document (including a 5-year EAD and Advance Parole combo card).

Your spouse and unmarried children under age 21 can hold H-4 status for the same duration as your H-1B stay, including AC21 extensions past year 6. Time spent in H-4 status does not count against a family member's own 6-year H-1B clock. Children age out of H-4 status when they turn 21 or marry, even if the Child Status Protection Act still protects their green card eligibility. Your H-4 spouse can file Form I-765 for work authorization once you have an approved Form I-140 or an H-1B extension past year 6 under the 365-day AC21 rule.

5-step checklist for job changes, layoffs, and visa stamping

Use this 5-step checklist from our team, built from USCIS and Department of Labor rules, whenever you change jobs, face a layoff, or prepare for consular stamping.

• Step 1: Set your exact filing cutoff by comparing 60 consecutive days from your last workday against your CBP Form I-94 expiration date, using whichever comes first.
• Step 2: Confirm your passport is valid, your salary meets the required LCA wage at every worksite, and your new sponsor budgets 7 working days for DOL FLAG certification before filing Form I-129.
• Step 3: Gather CBP I-94 logs and flight records for trips abroad exceeding 24 hours to recapture H-1B days, and verify whether any approved Form I-140 has passed the 180-day protection mark.
• Step 4: Before international travel, verify no initial change-of-status request is pending and carry either a valid H-1B visa for your authorized employer or unexpired Advance Parole if Form I-485 is pending.
• Step 5: Check USCIS's H-1B Employer Data Hub (covering FY 2009 through FY 2026 Quarter 4) and review your Form I-129, Form ETA-9035E, and Form I-797 so your interview answers match your petition.

Practice example

What are your job duties for this H-1B role, where will you work, and how does your degree qualify you?

State your exact job title, petitioning employer name, and worksite city and state so they match Form I-129 and your certified Labor Condition Application. Describe two or three core technical duties in plain English, showing how the role applies specialized knowledge rather than general administrative tasks. Connect those duties directly to the major on your bachelor's or master's diploma, or summarize the progressive work experience evaluated in your petition if you qualified through degree equivalency. State your offered annual salary clearly and confirm it meets or exceeds the wage on your LCA. Keep your Form I-797 approval notice, certified Form ETA-9035E, diplomas, transcripts, and any required state license organized so you can hand over a single document immediately if asked.

The consular officer checks whether your duties, worksite, and degree match 8 CFR 214.2(h)(4) specialty occupation rules and your certified LCA. Clear, consistent facts prevent questions about job legitimacy or worksite compliance.

This is interview practice, not legal advice. For questions about your own case, talk to an immigration attorney. Visaful is not affiliated with the U.S. government or the Department of State.