VisaPalH-1B Specialty Occupation
Professionals with a U.S. job offer in a field that normally needs a bachelor's degree in a related specialty. The employer files, and most new hires go through a yearly lottery.
Last verified: 2026-09-25
Requirements
- A U.S. employer files Form I-129 with a DOL-certified Labor Condition Application (LCA).
- The job must normally require a bachelor's or higher degree in a directly related specialty.
- You need that degree, a foreign equivalent, equivalent experience, or a required license.
- The employer must pay at least the higher of the actual wage or the prevailing wage.
- Cap cases need a selected registration first; universities and some research nonprofits are cap-exempt.
How long you can stay
Up to 3 years at first, extendable to 6 years in total. Days spent outside the U.S. can be added back (recapture). AC21 rules allow extensions past 6 years for some pending green card cases.
Timeline
Cap cases follow a fixed calendar: register in March, file from April 1, start Oct 1 at the earliest. Regular USCIS processing for H-1B is about 11 months (80% of cases); premium processing gives action within 15 business days. If you're abroad, add the Seoul interview wait (under half a month for petition-based visas as of Sep 17, 2026). Check current times.
Government fees
| Fee | Amount | Who usually pays |
|---|---|---|
| H-1B lottery registration Per person, cap cases only. Paid at the March registration and not refunded if not selected. | $215 | Employer |
| Form I-129 filing fee (H-1B) $780 on paper, $730 online. Small employers (25 or fewer full-time employees) and nonprofits pay $460. | $780 | Employer |
| Asylum Program Fee (with Form I-129) $600 for most employers, $300 for small employers (25 or fewer full-time employees), $0 for nonprofits. | $600 | Employer |
| Fraud Prevention and Detection Fee For a first H-1B petition for the worker, or when a new employer hires a current H-1B worker. | $500 | Employer |
| ACWIA training fee $1,500 or $750 depending on employer size. Universities, affiliated nonprofits and research nonprofits are exempt. Only the employer may pay it. | $1,500 | Employer |
| 9-11 Response and Biometric Entry-Exit Fee (Pub. L. 114-113) Only for employers with 50+ U.S. employees and over half in H-1B/L status. Since Sep 9, 2026, it applies to extensions too. Through Sep 30, 2027. | $4,000 | Employer |
| $100,000 proclamation payment Only for certain new petitions for workers outside the U.S. (Proclamations 10973/11069), paid on pay.gov before filing. Court order: not collected for now. See Policy Watch. | $100,000 | Employer |
| Premium processing (Form I-907) USCIS acts within 15 business days. The beneficiary can't file it; the petitioner does. | $2,965 | Employer |
| Visa application fee (H visa) Per person, paid for the interview at the U.S. Embassy in Seoul. No Korea reciprocity issuance fee for H-1B or H-4. | $205 | Applicant |
| Spouse/child extension or change to H-4 (Form I-539) $470 on paper, $420 online. Needed only for family members inside the U.S. | $470 | Applicant |
| H-4 spouse work permit (Form I-765) $520 on paper, $470 online. Only for eligible H-4 spouses. | $520 | Applicant |
Most H-1B fees are the employer's. The total depends on the employer's size and the case type. A proposed extra $103,265 fee for lottery petitions is not in effect (see Policy Watch).
Typical attorney fees
Online flat-fee firms list about $3,000–$3,500 per petition, plus about $500 for lottery registration. A lawyer-bid marketplace reports an average bid near $2,920. Many employers cover these costs.
Spouse & children
Spouse and unmarried children under 21 can get H-4. A spouse may work only with an EAD, and only if the H-1B holder has an approved I-140 or an AC21 extension. EAD renewals filed since Oct 30, 2025 are no longer automatically extended.
Work
A new employer must file a new petition. You can start once it's properly filed, or on its start date if later (portability). Your own company can sponsor you. If you own over 50%, the first petition and first extension are each capped at 18 months.
Path to a green card
Common routes are employer-sponsored EB-2 or EB-3 (PERM, then I-140), or self-petitions like EB-1A or EB-2 NIW. H-1B holders can pursue a green card while in status, and AC21 can extend H-1B past 6 years while it's pending.
Note for Korean applicants
Koreans count under the regular H-1B cap; only Chile and Singapore have a separate set-aside (H-1B1). Korean H-1B visas have no reciprocity fee and allow multiple entries. They last up to 60 months, but not past the petition's end date. The Embassy in Seoul asks applicants to apply in their country of nationality or residence.
Key documents
- Certified LCA (Form ETA-9035) from the employer
- Degree certificates, transcripts, and a credential evaluation for foreign degrees
- Registration selection notice (cap cases only)
- Passport used at registration, plus your current I-94 if you are in the U.S.
- I-797 approval notice for the visa interview in Seoul
Common pitfalls
- Registration details (passport, SOC code, wage level) must match the petition, or USCIS may deny it.
- If one employer registers the same person twice, all of that employer's registrations for them are removed.
- After a job loss, the grace period is up to 60 days, and a proposal would remove it.
- Don't start at a new employer before its petition is properly filed.
- Leaving the U.S. while a change of status is pending can put you under the $100K rule if it's enforced again.
- H-1B and H-4 visa applicants are told to set social media accounts to public for vetting.
Rules in flux
Proclamation 10973 (Sep 19, 2025) requires a $100,000 payment for certain new H-1B petitions. Proclamation 11069, signed Sep 18, 2026, extends it until Sep 21, 2027. On Jun 8, 2026, a federal court in Massachusetts vacated the agency guidance that carries it out. On Jul 24, 2026, the First Circuit refused to pause that ruling. USCIS says it is complying for now, but still plans to collect the payment if the order is lifted.
Starting with the FY 2027 lottery, USCIS weights selection by the OEWS wage level of the job offer. Level IV registrations enter the pool 4 times, Level III 3 times, Level II twice, and Level I once. Each person still counts only once toward the cap. The final rule took effect Feb 27, 2026.
DHS proposed a new $103,265 fee on every H-1B cap-subject petition, including master's-cap cases. It would come on top of all other fees and any proclamation payment. It is only a proposal and is not being charged today.
DHS proposes deleting the up-to-60-day grace period in 8 CFR 214.1(l)(2). If finalized, workers would be expected to leave right after their job ends, unless another status applies. It is a proposal only. Today the current rule still applies: up to 60 days, or until your I-94 ends if sooner.
The 9-11 Response and Biometric Entry-Exit Fee is $4,000 for H-1B and $4,500 for L-1 petitions from covered employers. Since Sep 9, 2026, it also applies to extensions with the same employer. Amended petitions that don't extend status are exempt. It applies to petitions filed through Sep 30, 2027.
An interim final rule lets USCIS require online filing for any form that has been available online for 180+ days. USCIS must post each requirement on its website at least 60 days ahead. People who can't e-file can ask for a waiver on Form I-936 ($25).
The State Department reviews the online presence of applicants in several visa types and tells them to set all social media profiles to "public". This already applies to F, M, J, H-1B, H-4, K, Q, R and some others. From Oct 1, 2026 it also covers I, TN and TD.
Official sources
- H-1B Specialty Occupations — USCIS
- H-1B Cap Season — USCIS
- H-1B Electronic Registration Process — USCIS
- Employment Authorization for Certain H-4 Dependent Spouses — USCIS
- Fee Schedule (Form G-1055), edition 09/09/26 — USCIS
- 8 CFR 214.2 — Special requirements for admission, extension, and maintenance of status (current text; includes the postponed F/J rule) — eCFR
- 8 CFR 106.1 — Fee requirements (small employer and nonprofit definitions) — eCFR
- 22 CFR 22.1 — Schedule of fees for consular services — eCFR
- U.S. Visa: Reciprocity and Civil Documents by Country — South Korea — U.S. Department of State
- Fees for Visa Services — U.S. Department of State
- U.S. Visa Services — U.S. Embassy & Consulate in the Republic of Korea — U.S. Embassy Seoul
- How Do I Request Premium Processing? — USCIS
- Check Case Processing Times — USCIS
- Removal of the Automatic Extension of Employment Authorization Documents (interim final rule, Oct 30, 2025) — Federal Register
- Docket No. 24-923, Save Jobs USA v. Department of Homeland Security — Supreme Court of the United States
- 8 CFR 106.2 — Fees — eCFR
General information, not legal advice. Rules change often. Check the official source and talk to a licensed immigration attorney before you act.