Quick answer
The H-1B visa is for specialty occupations requiring a bachelor's degree or higher [1]. There is an annual cap of 65,000 visas plus 20,000 for U.S. master's degree holders [1]. Employers must obtain a certified Labor Condition Application from the Department of Labor [1]. The filing process involves submitting Form I-129 with the LCA and supporting evidence [1]. Recent changes include a $100,000 payment for certain petitions under a Presidential Proclamation [1]. H-1B workers can change employers under portability rules [1].
Key facts
Am I eligible?
Specialty Occupation Worker
- The position must qualify as a specialty occupation, requiring a bachelor's or higher degree in a directly related specific specialty, or its equivalent.
- The beneficiary must hold a U.S. bachelor's or higher degree, a foreign degree equivalent to a U.S. degree, or equivalent education, training, or experience.
- A labor condition application (LCA) must be certified by the U.S. Department of Labor.
- The employer must have a bona fide position in a specialty occupation available for the beneficiary as of the start date of the requested validity period.
- If the occupation requires a state or local license, the beneficiary must have that license before the petition is approved.
- For cap-subject petitions, a valid H-1B registration must have been selected for the beneficiary.
DOD Researcher and Development Project Worker
- The job must require a bachelor's or higher degree, or its equivalent, to perform the duties.
- The petition must include a verification letter from the DOD project manager stating that the beneficiary will work on a cooperative research and development project or a coproduction project under a reciprocal government-to-government agreement administered by DOD.
- The petition must include a general description of the beneficiary's duties and the actual dates of employment on the project.
- The petition must include a statement listing names of aliens currently or previously employed on the project within the past year.
- The beneficiary must hold a bachelor's or higher degree or its equivalent in the field of employment.
Fashion Model of Distinguished Merit and Ability
- The position or services must require a fashion model of prominence.
- The beneficiary must be a fashion model of distinguished merit and ability.
- The petition must include documentary evidence, such as certifications, affidavits, and reviews, establishing the beneficiary's distinguished merit and ability.
- The beneficiary must perform services at events or productions of distinguished reputation.
Don't want to read through this yourself? Answer a few questions and see exactly which category fits your situation.
Requirements in detail
You must have a job offer from a U.S. employer for a position that qualifies as a specialty occupation.
You must hold a U.S. bachelor's or higher degree, or its equivalent, in a field directly related to the specialty occupation.
Your employer must file Form I-129 with USCIS on your behalf.
The petition must be accompanied by the required filing fees, which may be reduced for small employers or non-profits.
The employer must certify compliance with U.S. export control regulations if the job involves controlled technology or technical data.
Documents you'll need
- Certified Labor Condition Application (LCA) from DOL [1]
- Evidence of specialty occupation qualification [1]
- Evidence of beneficiary's degree or equivalent [1]
- Copy of any required license [1]
- Written contract or summary of oral agreement [1]
- If cap-subject: H-1B Registration Selection Notice and beneficiary confirmation number [1]
- If subject to Proclamation: proof of $100,000 payment from pay.gov or exception evidence [1]
This list adjusts automatically based on your nationality and category.
How to apply
Frequently asked questions
What is a specialty occupation for H-1B purposes?
A specialty occupation requires the theoretical and practical application of a body of highly specialized knowledge and requires a bachelor's or higher degree in a directly related specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States.
What are the general requirements for an H-1B visa?
The job must qualify as a specialty occupation, the beneficiary must have the required degree or equivalent, a labor condition application must be certified, and the employer must have a bona fide position available. If a license is required, it must be obtained before approval.
Are there different types of H-1B visas?
Yes, the H-1B classification includes specialty occupation workers, DOD researcher and development project workers, and fashion models of distinguished merit and ability.
What is the H-1B electronic registration process?
In 2020, USCIS implemented an electronic registration process for the H-1B cap. A cap-subject H-1B petition will not be considered properly filed unless it is based on a valid, selected registration for the same beneficiary and the appropriate fiscal year.
Are there any exemptions from the H-1B cap?
Yes, H-1B workers petitioned for or employed at institutions of higher education, nonprofit research organizations, or government research organizations are not subject to the numerical cap.
Related visas
Sources
One numbered entry per specific claim — several entries may point to the same underlying document, each with its own locator.
- [1]
*For more information, see 8 CFR 214.2(h)(4)(iii)(A)
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [2]
See [8 CFR 214.2(h)(4)(v)(A)–(B)](https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-214/section-214.2#p-214.2(h)(4)(v))
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [3]
#### Period of Stay As an H-1B specialty occupation worker, you may generally be admitted for a period of up to 3 years
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [4]
This initial period of admission may generally be extended for an additional period of up to 3 years, for a total period of admission of 6 years
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [5]
If you possess a controlling interest in the petitioning organization or entity, meaning you own more than 50% of the petitioner or have majority voting rights in the petitioner, the approval of your
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [6]
However, you may be eligible for an H-1B extension beyond the sixth year under [8 CFR 214.2(h)(13)(iii)(E)](https://www.ecfr.gov/current/title-8/part-214/section-214.2#p-214.2(h)(13)(iii)(E)) if you a
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [7]
Alternatively, under [8 CFR 214.2(h)(13)(iii)(D)](https://www.ecfr.gov/current/title-8/part-214/section-214.2#p-214.2(h)(13)(iii)(D)), you may be eligible for an H-1B extension beyond the sixth year i
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [8]
You are ineligible for this extension beyond the sixth year if you fail to file an adjustment of status application or apply for an immigrant visa within 1 year of an immigrant visa being available
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [9]
We may, in our discretion, excuse a failure to file an adjustment of status application or apply for an immigrant visa within 1 year of an immigrant visa being available if your employer establishes t
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [10]
When considering whether to excuse a failure to timely file within 1 year, we will look at the totality of the circumstances, which may include: - Whether there was a change of employment; - Whether t
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [11]
1 (or later) of the applicable fiscal year and may not be filed more than 6 months before the requested start date on the petition
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [12]
#### Family of H-1B Nonimmigrants Your spouse and unmarried children under 21 years of age may seek admission in the H-4 nonimmigrant classification
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [13]
If you are under 14 years of age, your parent or legal guardian may sign the petition on your behalf
Form I-129, Instructions for Petition for a Nonimmigrant Worker · Last verified: Aug 15, 2026Verified — deep-linked - [14]
See 8 CFR 103.2(a)(7)(ii)(A)
Form I-129, Instructions for Petition for a Nonimmigrant Worker · Last verified: Aug 15, 2026Verified — deep-linked - [15]
For additional information on the petition and Instructions about where to file, change of address, and other questions, visit the USCIS Contact Center at uscis.gov/contactcenter or call 800-375-5283
Form I-129, Instructions for Petition for a Nonimmigrant Worker · Last verified: Aug 15, 2026Verified — deep-linked - [16]
The USML is at 22 CFR 121.1
Form I-129, Instructions for Petition for a Nonimmigrant Worker · Last verified: Aug 15, 2026Verified — deep-linked - [17]
501(c)(3); or a governmental research organization as defined under 8 CFR 214.2(h)(19)(iii)(C)
Form I-129, Instructions for Petition for a Nonimmigrant Worker · Last verified: Aug 15, 2026Verified — deep-linked - [18]
This classification expires on December 31, 2029 A petition for the initial issuance of an E-2 CNMI investor classification must be filed within 2 years of the date the E-2 CNMI investor classificatio
Form I-129, Instructions for Petition for a Nonimmigrant Worker · Last verified: Aug 15, 2026Verified — deep-linked - [19]
Requests for extension of the E-2 CNMI investor classification may be granted, in increments of not more than 2 years, until December 31, 2029
Form I-129, Instructions for Petition for a Nonimmigrant Worker · Last verified: Aug 15, 2026Verified — deep-linked - [20]
--- page 10 --- Draft Not for Production 11/19/2025 Form I-129 Instructions 02/27/26 Page 10 of 32 If the H-1B beneficiary possesses a controlling interest in the petitioning organization or entity, t
Form I-129, Instructions for Petition for a Nonimmigrant Worker · Last verified: Aug 15, 2026Verified — deep-linked - [21]
The first extension (including an amended petition with a request for an extension of stay) of such a petition will also be limited to a validity period of up to 18 months
Form I-129, Instructions for Petition for a Nonimmigrant Worker · Last verified: Aug 15, 2026Verified — deep-linked - [22]
But if the employer has 25 or fewer full-time employees, they must pay only one-half of the required fee at INA 214(c)(9)(B)
Form I-129, Instructions for Petition for a Nonimmigrant Worker · Last verified: Aug 15, 2026Verified — deep-linked - [23]
H-1B visa category definition and eligibility criteria
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [24]
H-1B cap and master's cap
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [25]
Labor Condition Application requirement
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [26]
Filing process steps
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [27]
Portability rules
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [28]
Presidential Proclamation $100,000 payment
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [29]
H-1B Employer Data Hub
H-1B Employer Data Hub | USCIS · Last verified: Aug 15, 2026Verified — deep-linked - [30]
H-1B specialty occupation definition
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [31]
H-1B eligibility criteria
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [32]
H-1B licensing requirement
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [33]
H-1B electronic registration process
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [34]
H-1B cap exemption for certain employers
Primary source · Last verified: Aug 15, 2026Verified — deep-linked - [35]
H-1B petition requirements
Form I-129, Instructions for Petition for a Nonimmigrant Worker · Last verified: Aug 15, 2026Verified — deep-linked - [36]
H-1B cap registration requirements
Form I-129, Instructions for Petition for a Nonimmigrant Worker · Last verified: Aug 15, 2026Verified — deep-linked
This page reflects United States's officially published requirements as of the dates above. It is not legal advice, and final approval is solely at the discretion of United States's immigration authorities. For a case-specific compliance check against your own documents, try VisaBook free.