H-1B — Specialty Occupation Worker
United StatesUnited States•North America
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H-1B — Specialty Occupation Worker

Work PR PathwayThis visa can lead to permanent residency, the right to live and work here indefinitely without renewing your visa. Dependents Allowed
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At a Glance

Processing Time

2 weeks – 9 months

Varies by processing route

Estimated Cost

USD $102,430–$106,765

Varies by filing options

Stay Duration

3 to 6 years

3 yr initial · extendable to 6 · Renewable

Renewal

Renewable

Family

Dependents allowed

PR Pathway

Yes

Sponsor

Job offer required

Work

Remote work not allowed

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Living in United States

Cost of Living
Baseline
Avg Salary$52,000
Quality of Life
185/200

Overview

Employer-sponsored US work visa for specialty-occupation professionals requiring a bachelor's degree; 85,000 annual cap, 3+3 years stay with dual intent.

The H-1B is a US specialty-occupation visa administered by USCIS for foreign professionals in roles requiring at least a bachelor's degree in a specific field. The employer must obtain a certified Labor Condition Application from DOL and pay at least the prevailing wage. Annual cap is 85,000 (65,000 general + 20,000 US master's) selected by lottery; cap-exempt employers face no limit.

Initial stay is 3 years, extendable to 6 - with longer extensions if a green card petition is pending. Standard I-129 filing fee is $780 ($460 for small employers/nonprofits), with optional $2,965 premium processing for a 15-business-day decision. Standard adjudication runs 5-8+ months. H-1B allows dual intent and a green-card pathway; spouses join on H-4 and may work with an approved I-140.

This visa is ideal for foreign professionals with a US specialty job offer in tech, engineering, or medicine seeking a renewable work pathway toward permanent residence.

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Cost Breakdown

H-1B Registration FeeUSD $215
Base Filing Fee (Standard)USD $780
Base Filing Fee (Small Employer/Nonprofit)USD $460
Anti-Fraud FeeUSD $500
ACWIA Training Fee (Standard)USD $1,500
ACWIA Training Fee (Small Employer)USD $750
Asylum Program Fee (Standard)USD $600
Asylum Program Fee (Small Employer)USD $300
Premium Processing FeeUSD $2,965
optional
DS-160 Visa Application Fee (MRV Fee)USD $205
Presidential Proclamation Surcharge (H-1B Entry Fee)USD $100,000
TotalUSD $102,430–$106,765

Processing Time

Premium Processing2 weeks
Standard Processing5–9 months

Stay & Extensions

Initial grant3 years
Extendable up to6 years

Annual Cap & Quota

85,000 per fiscal year (65,000 general cap + 20,000 U.S. master's degree exemption); cap-exempt positions unlimited

Conversion Paths

Visas you can typically switch to from this status.

EB-1 — Employment First Preference - Priority Worker
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EB-2 — Employment Second Preference - Advanced Degree
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EB-3 — Employment Third Preference - Skilled Worker/Professional
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Requirements

PUBLISHED REQUIREMENTS

Position must qualify as a specialty occupation requiring highly specialized knowledge and at least a bachelor's degree or equivalent in the specific specialty.

Beneficiary must hold a relevant U.S. bachelor's or higher degree, a foreign equivalent degree, or possess a state license/certification/experience equivalent to the required degree.

Employer must pay at least the local prevailing wage or the wage paid to similarly qualified workers, whichever is higher.

Employer must file a Labor Condition Application (LCA) with the Department of Labor.

Beneficiary must be selected in the H-1B cap lottery if the petition is subject to the annual numerical limit.

KEY CRITERIA

Education

bachelor or higher

REQUIRED DOCUMENTS

Approved Labor Condition Application (LCA)

Form I-129, Petition for a Nonimmigrant Worker

Evidence of specialty occupation qualification

Evidence of beneficiary's educational credentials or equivalent experience

Form I-797, Notice of Action (if applicable)

Valid passport

Advantages & Considerations

Key Benefits

  • Direct path to permanent residence via employer green card sponsorship.
  • Dual intent - applying for a green card does not jeopardize H-1B status.
  • Initial 3-year stay extendable to 6 years, with further extensions if PERM/I-140 is pending.
  • Portability - change employers under AC21 once a new petition is properly filed.
  • Spouses on H-4 may obtain work authorization once H-1B holder has approved I-140.
  • Optional 15-business-day premium processing available for $2,965.
  • Cap-exempt slots at universities, nonprofit research, and government research orgs are unlimited.

Worth Knowing

  • Subject to annual lottery cap of 85,000 (65,000 general + 20,000 US master's).
  • Employer-specific - new petition required for each change of employer.
  • Employer must obtain certified LCA from DOL and pay prevailing wage.
  • Standard processing takes 5-8+ months without premium processing.
  • ACWIA, Anti-Fraud, and Asylum Program fees add $1,300-$2,600+ on top of base filing fee.
  • Position must qualify as a specialty occupation requiring a bachelor's or higher in a specific field.
  • Beneficiary must be selected in the H-1B cap lottery unless filing through a cap-exempt employer.
  • J-1 two-year home residency requirement (if applicable) must be satisfied or waived first.

Application Process

1

Employer submits electronic registration for each beneficiary during the designated annual registration period.

2

If selected in the H-1B lottery, employer files the Form I-129 petition with USCIS.

3

Employer obtains an approved Labor Condition Application (LCA) from the Department of Labor.

4

Upon petition approval, beneficiaries outside the U.S. apply for an H-1B visa at a U.S. Embassy or Consulate.

5

Beneficiary applies for admission to the U.S. with Customs and Border Protection.

Application Forms

Go to application portal
I-129
Petition for a Nonimmigrant Worker
Fill online
ETA-9035
Labor Condition Application for Nonimmigrant Workers
Fill online
DS-160
Online Nonimmigrant Visa Application
Fill online
I-907Optional
Request for Premium Processing Service (optional)
Fill online

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