H-1B visa guide: the specialty occupation visa

LiveRec EditorialUpdated

US federal rules as of October 30, 2026. Sources re-checked against official pages on October 30, 2026. Where a figure could not be confirmed, this page links the official source instead of stating it.

This H-1B visa guide starts with the basics. The H-1B is a temporary US work status for jobs that need a specialized degree. Your employer, not you, files the petition. Most new petitions count against an annual cap and go through an electronic registration and selection step. Cap-exempt employers can file at any time.

At a glance

  • You cannot apply for an H-1B yourself. A US employer must sponsor you.
  • Cap-subject cases need registration, selection, a Labor Condition Application (LCA) and Form I-129.
  • Initial stay is up to 3 years, extendable to 6 in total, with exceptions.
  • A $100,000 payment requirement for some new petitions is in legal flux. See the section below.

What is a specialty occupation?

USCIS defines it as a job requiring "theoretical and practical application of a body of highly specialized knowledge", normally at least a bachelor's degree in a directly related field. A degree "in any field" or "degree preferred" may not meet the test.

How many H-1Bs are there each year? (cap-subject vs cap-exempt)

As of 30 Oct 2026, USCIS gives the limit as 65,000 new statuses or visas a fiscal year, plus 20,000 more for people with a master's degree or higher from a US institution of higher education. Employment at a university, a related or affiliated nonprofit, or a nonprofit or governmental research organisation is not subject to the cap. See cap-exempt employers.

What are the steps?

StepOwnerNotes
1. Electronic registrationEmployerOne registration per beneficiary
2. SelectionUSCISWeighted by wage level starting with the FY2027 season; see lottery odds
3. Labor Condition ApplicationEmployer, DOLEmployer attests to the actual or prevailing wage, whichever is higher
4. Form I-129 petitionEmployerFiling window shown on the Registration Selection Notice (USCIS says filing opens April 1)
5. Visa or change of statusYouAn approval notice is not a visa
6. Start workYouOn the approved start date

Cap-exempt employers skip steps 1 and 2.

How long does it last?

USCIS says admission can be "for a period of up to 3 years", extendable to a total of 6 years, with some exceptions.

Can I change employers?

If you are already in H-1B status you may begin working for a new employer once they properly file a non-frivolous Form I-129 for you, or on the requested start date, whichever is later. Conditions apply. See H-1B transfer.

What about the $100,000 payment?

Status as of 30 Oct 2026, from USCIS and the White House; it can change at short notice. A Presidential Proclamation of 19 Sep 2025 requires a $100,000 payment with certain new H-1B petitions filed after 12:01 a.m. Eastern on 21 Sep 2025. USCIS says it does not apply to visas already issued, to earlier petitions or to renewals. On 8 Jun 2026 a federal court in Massachusetts vacated agency guidance implementing it, and on 24 Jul 2026 the appeals court declined to pause that order. On 18 Sep 2026 the President signed Proclamation 11069 (91 FR 60497), which extends the restriction for 12 months, to 12:00 a.m. Eastern on 21 Sep 2027. It restricts entry of H-1B workers outside the US unless the petition is accompanied or supplemented by the $100,000 payment, with case-by-case national-interest exceptions. As of the USCIS H-1B FAQ update of 28 Jul 2026, the payment requirement was blocked by the court order, DHS said it would comply while it considered next steps, and DHS said it still plans to collect the payment if the order is lifted. Read the White House proclamation text and the USCIS H-1B FAQ for the current position, and ask the employer's attorney how it applies to you.

What does it cost?

USCIS charges $215 for each H-1B registration (USCIS H-1B cap season page, checked 2026-10-30). USCIS also says a 9-11 Biometric Entry-Exit Fee applies to covered employers' H-1B and L-1 petitions submitted on or after 9 Sep 2026. Petition fees change often, so LiveRec states no other amounts; see the USCIS fee schedule (Form G-1055) and fee calculator, checked 2026-10-30.

Does my spouse get to work?

Spouses and unmarried children under 21 may seek H-4 status. Certain H-4 spouses can apply for work authorization. See H-4 EAD.

What mistakes should I avoid?

  • Assuming a role qualifies because it says "degree preferred".
  • Starting work before your status or portability allows it.
  • Paying anyone for a "guaranteed" selection. Registration is the employer's step. See avoiding immigration scams.

FAQ

Can I apply for an H-1B myself? No. The employer registers you and files the petition.

Does LiveRec guarantee sponsorship? No. The tag on a role shows what the employer told us.

Is there an H-1B timeline I can rely on? Dates change each year. USCIS says registration is typically in March and announces the registration period each season. Selected registrants then have a 90-day filing window shown on the Registration Selection Notice. Check the cap season page for the current dates; none were listed there on 30 Oct 2026.

Next step: Find roles with H-1B sponsorship shown.

Sources

This is general information, not legal, tax or immigration advice. Rules change and your situation may differ. Consult a licensed attorney or qualified adviser.