Updated November 12, 2026

H-1B visa workers: specialty occupation criteria, cap selection, LCA wage rules, and status portability

H-1B visa workers are temporary nonimmigrants hired by US employers in specialty occupations requiring specialized knowledge and a bachelor's degree or equivalent. Under U.S. Citizenship and Immigration Services (USCIS) rules, Congress limits new cap-subject visas to 65,000 yearly plus 20,000 for US master's graduates. You may stay up to 3 years initially and 6 years total, with extensions during qualifying permanent residence steps.

Who qualifies as an H-1B visa worker and what counts as a specialty occupation

Under USCIS eligibility rules, the H-1B classification covers three temporary worker subcategories. Most applicants enter under H-1B specialty occupations in architecture, engineering, mathematics, sciences, medicine, education, business specialties, accounting, law, theology, and the arts. Separate subcategories cover H-1B2 Department of Defense cooperative research and development workers and H-1B3 fashion models of distinguished merit and ability.

An H-1B specialty occupation requires theoretical and practical application of highly specialized knowledge. It also requires at least a bachelor's degree in a directly related specific specialty, or its equivalent, for entry. Under 8 CFR 214.2(h)(4)(ii), directly related means a logical connection exists between the required degree and your job duties. Under 8 CFR 214.2(h)(4)(iii)(A), normally means usual, typical, common, or routine, rather than always.

Both the offered position and you as the worker must meet separate regulatory standards. If your state or locality requires a license to practice fully, 8 CFR 214.2(h)(4)(v)(A) through (B) requires holding it before petition approval.

• Position criterion 1: A US bachelor's or higher degree in a directly related specialty, or equivalent, is normally the minimum entry requirement.
• Position criterion 2: Parallel positions among similar organizations in the employer's US industry normally require that degree.
• Position criterion 3: Your employer, or the third party where you are staffed, normally requires that degree for the position.
• Position criterion 4: The duties are so specialized, complex, or unique that the knowledge required is normally associated with that degree.
• Worker qualification: Hold an accredited US or equivalent foreign degree, hold an unrestricted state license, or combine equivalent education, training, and progressive experience.

H-1B subcategories and core requirements from USCIS

Annual H-1B numerical caps, cap-exempt employers, and weighted wage selection

Congress limits new H-1B grants each fiscal year to a 65,000 regular cap. Up to 6,800 visas from that limit are set aside for the H-1B1 program (1,400 for Chile and 5,400 for Singapore, per the U.S. Department of Labor). Unused H-1B1 numbers roll into the next fiscal year's regular H-1B cap. An extra 20,000 petitions for beneficiaries holding a US master's or higher degree are exempt from the regular cap.

Certain employers bypass the cap entirely and sponsor H-1B workers year-round. You are cap-exempt when petitioned for or employed at a US institution of higher education or its affiliated nonprofit entities. Nonprofit research organizations and government research organizations are also cap-exempt. H-1B workers in Guam and the Commonwealth of the Northern Mariana Islands are cap-exempt if petitioned before December 31, 2029.

For cap-subject roles, employers register using a USCIS organizational account during a window lasting at least 14 calendar days. For FY 2027, registration runs from noon Eastern on March 4 through 5:00 p.m. Eastern on March 19, with selection notices intended by March 31. Starting in FY 2027, USCIS runs a weighted selection based on the highest Occupational Employment and Wage Statistics (OEWS) wage level your proffered wage meets.

Under the beneficiary-centric process, USCIS counts each unique beneficiary once toward the cap regardless of how many employers submit registrations. In FY 2026, USCIS recorded 343,981 eligible registrations and selected 120,141 across roughly 339,000 unique beneficiaries, down 26.9% from 470,342 in FY 2025. By our calculation from USCIS H-1B Electronic Registration Process historical data, multiple-employer registrations dropped from 53.9% of eligible registrations in FY 2024 (408,891 of 758,994) to 2.3% in FY 2026 (7,828 of 343,981).

USCIS weighted cap selection entries and FY 2024 to FY 2026 registration data

Labor Condition Application (LCA) wage rules and worker protections

Before filing an H-1B specialty occupation or fashion model petition, your employer must get a certified Labor Condition Application (Form ETA-9035E). Employers submit it electronically through the Foreign Labor Application Gateway (FLAG) system no more than 6 months before the start date. Only employers with physical disabilities or no internet access may ask the Office of Foreign Labor Certification Administrator to file paper Form ETA-9035.

The Department of Labor (DOL) reviews LCAs within 7 working days for completeness and obvious errors or inaccuracies. On September 19, 2025, the DOL launched Project Firewall to investigate H-1B abuse and protect skilled workers. Willful violator employers face petition debarment and random DOL investigations for up to 5 years.

Under Wage and Hour Division Fact Sheet #62, every employer must meet strict pay and notice rules. H-1B-dependent or willful violator employers cannot displace similarly employed US workers within 90 days before or after filing a petition or secondary placement. They must also recruit US workers first and hire any equally or better qualified US applicant.

• Required wage rate: Pay at least the actual wage paid to similarly qualified company workers or the local prevailing wage, whichever is greater.
• Working conditions and benefits: Offer working conditions that do not adversely affect comparable workers, plus equal fringe benefits.
• No strike or lockout: Confirm there is no strike or lockout in the occupation at the worksite.
• Workplace notice and LCA copy: Notify the union or post worksite notice, keep accurate LCAs per permanent site, and give you an LCA copy.
• Ban on worker-paid fees: Never allow or require you to pay the USCIS petition filing fee, early cessation penalties, or business work expenses.
• Whistleblower protection: Never retaliate against workers who report violations, and notify USCIS of work status changes or termination.

Form I-129 filing, fees, payment rules, and the 2025 Proclamation litigation

After LCA certification and any required cap selection, your employer files Form I-129 (09/09/26 edition), Petition for a Nonimmigrant Worker, online or by mail. Cap-subject petitions open April 1 during a 90-day filing window and must list a start date of October 1 or later. Petitions cannot be filed more than 6 months early, cannot list As Soon As Possible, and must include Part 6 controlled technology certifications.

Employers may match a 6-digit Standard Occupational Classification (SOC) code on Form I-129 and registration with an 8-digit O*NET-SOC code on the LCA. All fee amounts and payment limits from our government sources appear in the single table below. Without a Form G-1651 exemption, paper filers cannot use checks or money orders and must submit separate Form G-1450 card or Form G-1650 bank authorizations per form.

A September 19, 2025 Presidential Proclamation ordered an extra payment (shown in the table above and below) for certain petitions filed on or after September 21, 2025 at 12:01 a.m. Eastern. It targeted beneficiaries abroad without a valid H-1B visa, consular or port notification requests, and denied in-country status changes, while exempting valid H-1B visa holders and approved in-country extensions, amendments, or status changes. On June 8, 2026, a federal court vacated the implementing guidance in State of California v. Mullin, the First Circuit denied a stay on July 24, 2026, and DHS is not collecting it while the order stands.

Fees from uscis.gov, as of November 2026

Period of stay, 18-month owner limits, and AC21 extensions past 6 years

USCIS generally admits H-1B workers for up to 3 years initially, extendable up to 3 years for a 6-year maximum stay. If you own more than 50% of the petitioning entity or hold majority voting rights, USCIS limits your initial petition and first extension to 18 months each.

When you enter with your passport, H-1B visa, and Form I-797 approval notice, U.S. Customs and Border Protection (CBP) issues an electronic 11-character alphanumeric Form I-94 via its website or CBP Link app. Your Form I-94 expiration date controls your stay. If your Form I-94 ends before your Form I-797 validity, you must extend stay, seek another benefit, or depart before the I-94 expires.

Two rules let you extend H-1B status past year 6 while seeking employment-based permanent residence:

• Up to 3-year increments under 8 CFR 214.2(h)(13)(iii)(E): Requires an approved EB-1, EB-2, or EB-3 petition when per-country or worldwide limits block visa availability on the filing date.
• Up to 1-year increments under 8 CFR 214.2(h)(13)(iii)(D): Requires at least 365 days since a permanent labor certification or immigrant petition was filed on your behalf.
• 1-year filing clock: For 365-day extensions, you must apply to adjust status or seek an immigrant visa within 1 year of visa availability, unless retrogression resets the clock or USCIS excuses delays beyond your control.

Job portability, concurrent cap-exempt work, and the 60-day grace period

Under H-1B portability, you can start working for a new H-1B employer once USCIS receives their properly filed, non-frivolous Form I-129, or on the requested start date if later. You must have worked only with authorization since your last admission and file before your authorized stay expires. The same filing rule covers job changes with your current employer.

Moving strictly from a cap-exempt employer to a cap-subject company requires March cap registration and an October 1 start date. However, you can work concurrently for a cap-subject employer immediately upon Form I-129 filing without entering the cap lottery, as long as your cap-exempt job continues.

If you are laid off, fired, or quit, you have up to 60 consecutive days or until your Form I-94 expires, whichever is shorter. Follow this 5-step survival plan written by our team:

• Step 1 (Day 1): Check your Form I-94 date on the CBP portal, because your grace period ends at 60 consecutive days or I-94 expiration, whichever comes first.
• Step 2 (Days 1 to 7): Request termination records and return-flight payment if fired, since employers must pay reasonable return transportation costs for involuntary early termination.
• Step 3 (Days 7 to 35): Search experienced sponsors in the USCIS H-1B Employer Data Hub (covering FY 2009 through FY 2026 Quarter 4), allowing 7 working days for LCA certification.
• Step 4 (Days 35 to 50): Have your new employer file a non-frivolous Form I-129 before day 60 to start working on receipt, or pursue concurrent cap-exempt employment.
• Step 5 (Before Day 60): If no Form I-129 is ready, timely file an application to change status before day 60 or depart the United States.

H-4 family rules and employer filing audit checklist

Your spouse and unmarried children under 21 qualify for H-4 status by applying at a US consulate abroad or filing Form I-539 inside the United States. H-4 spouses and children may attend school in the United States without changing to F-1 student status. Unlike E or L spouses who work incident to status, H-4 spouses cannot work unless they file Form I-765 after you start seeking employment-based permanent residence.

When you bundle Form I-539 and Form I-765 with Form I-129 at the same location with separate fee forms, USCIS reviews them together. Before filing any cap registration or Form I-129 packet, employers can run our team's 5-point audit checklist:

• Prevent duplicate registrations: Use a USCIS Organization/Company account and run the duplicate checker and CSV export before March 19, because duplicate entries by one petitioner invalidate every entry for that worker.
• Match wages, passports, and SOC codes: Save OEWS wage-level proof from the registration date, align 6-digit SOC codes, and attach both passports with a colored coversheet if a passport expired after registration.
• Verify handwritten ink signatures: Ensure the petitioner signs in ink, since USCIS rejects typed names, stamps, autopens, commercial e-signatures, or pasted signature images.
• Separate payments and clear ACH blocks: Use one Form G-1450 or Form G-1650 per form without mixing methods, and whitelist USCIS Lockbox Agency Location Codes (such as 7001010330 for Phoenix or 7001010331 for Dallas).
• Send one clean packet: Assemble documents in USCIS's preferred order (Form G-28, Selection Notice, Form I-129, supplements, status records, certified LCA, and support letter) without duplicate consular copies.

Practice example

What will your day-to-day job duties be, where will you work, and how does your degree qualify you for this H-1B position?

A strong, honest answer states your exact job title, petitioning employer, physical worksite city and state, and two or three specialized tasks from your Form I-129. Explain plainly how the coursework from your bachelor's or advanced degree (or evaluated foreign equivalent and experience) directly connects to those tasks. State your annual salary clearly so it matches or exceeds the proffered wage on your Labor Condition Application. If you will work at a third-party client site or hold concurrent cap-exempt employment, name each location accurately and confirm it appears on your certified Form ETA-9035E. Have your Form I-797 approval notice, certified LCA copy, employer letter, and diplomas organized so you can hand them over if asked.

The officer is checking that your duties, worksite, and pay match the approved Form I-129 and certified LCA, and that your role and credentials meet specialty occupation rules.

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.