H-1B H-1B Specialty Occupations

At a Glance

Item	Details
Visa name	H-1B Specialty Occupations
Purpose	Specialty work, DOD projects, modeling
Stay	Up to six years generally
Cost	$100,000 requirement currently vacated
Eligibility timing	Cap registration typically March
Work rights	Employer-specific authorized employment
Study	Not stated in the source
Medicare	Not stated in the source
Travel facility	Travel permitted with valid H-1B
Citizenship	Not stated in the source
Family sponsorship	Spouse and unmarried children under 21
Visa record	Form I-129 petition required
Annual cap	65,000 regular; 20,000 master’s
Labor Condition Application	Required for specialty and model petitions
Processing time	Not stated in the source

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Purpose

H-1B is a nonimmigrant classification for:

• Specialty occupation workers;
• DOD cooperative research and development project workers (H-1B2); and
• Fashion models of distinguished merit or ability (H-1B3).

Eligibility

Specialty occupations

The position must require:

• Theoretical and practical application of highly specialized knowledge; and
• A bachelor’s or higher degree in a directly related specific specialty, or equivalent, as the minimum entry requirement.

The position must meet at least one qualifying criterion, such as a directly related degree normally being required for the occupation, comparable industry roles, the employer’s normal requirements, or duties that are specialized, complex, or unique.

The worker must generally have one of the following:

• A relevant U.S. bachelor’s or higher degree;
• An equivalent foreign degree;
• An unrestricted required state license, registration, or certification; or
• Equivalent education, specialized training, and/or progressively responsible experience, with recognized expertise.

DOD project workers (H-1B2)

The job must require a bachelor’s degree or equivalent. The petition must include a DOD project manager’s verification letter, duties and employment dates, and information about certain other foreign workers on the project.

The worker must hold a relevant degree or equivalent qualifications, license, or experience.

Fashion models (H-1B3)

The position must require a fashion model of prominence. The worker must be a fashion model of distinguished merit and ability.

Licensing

Where the intended state requires a license to fully practice the occupation, the beneficiary generally must obtain it before petition approval. USCIS may request evidence of the required license.

Cap and Registration

The annual H-1B cap includes:

• 65,000 new statuses or visas each fiscal year, subject to H-1B1 adjustments;
• 20,000 additional petitions for beneficiaries with a U.S. master’s degree or higher.

The cap does not apply to workers petitioned for or employed by:

• Institutions of higher education;
• Affiliated or related nonprofit entities;
• Nonprofit research organizations; or
• Government research organizations.

Cap-subject petitions generally require a valid selected electronic registration for the same beneficiary and fiscal year. Registration is typically held in March.

USCIS states it has reached both the regular cap and U.S. advanced-degree exemption for fiscal year 2027.

Stay and Extensions

H-1B specialty occupation workers may generally be admitted for up to 3 years, with an extension of up to 3 additional years, for a general maximum of 6 years.

If the worker has a controlling interest in the petitioning entity—more than 50% ownership or majority voting rights—the initial petition and first extension are each limited to up to 18 months.

Extensions beyond six years may be available where:

• An approved EB-1, EB-2, or EB-3 petition is affected by immigrant-visa limits; or
• At least 365 days have passed since filing a required labor certification or immigrant visa petition.

Work Rights and Changes

Employment is authorized only under the approved or properly filed H-1B petition terms.

Changing employers

A worker may begin with a new H-1B employer when the new employer properly files a non-frivolous Form I-129 petition, or on the requested start date, whichever is later.

To use portability, the worker must:

• Not have worked without authorization since last admission; and
• Have the new petition properly filed before the current authorized stay expires.

Work authorization continues while the new petition is pending. If denied, portability-based work authorization ends, although work for the prior employer may continue if still valid.

After employment ends, the worker may have up to 60 consecutive days, or until the authorized validity period ends, whichever is shorter, to find new employment, change status, or depart.

Changing terms with the same employer

The employer uses Form I-129 to request new or changed employment. The worker may work under the new terms once a properly filed, non-frivolous petition is filed, or from the requested start date, whichever is later.

Moving from cap-exempt employment

A move from cap-exempt to cap-subject employment requires the new employer to meet cap and registration requirements. Cap-subject petitions must generally have an Oct. 1 or later start date and cannot be filed more than six months before the requested start date.

Labor Condition Application

For specialty occupation and fashion model petitions, the employer or agent must obtain a certified Form ETA-9035/9035E, Labor Condition Application (LCA) from the Department of Labor before filing Form I-129.

The LCA requires attestations including that the employer will:

• Pay at least the higher of the prevailing wage or wage paid to similarly qualified workers;
• Provide conditions that do not adversely affect similarly employed workers;
• Confirm no strike or lockout exists at the worksite; and
• Provide required notice to the bargaining representative or at the workplace.

LCA violations may result in fines, sponsorship bars, and other sanctions.

An LCA is not required for H-1B2 DOD project worker petitions.

Family

A spouse and unmarried children under 21 may seek H-4 classification.

Certain H-4 dependent spouses may apply for employment authorization using Form I-765 if the H-1B worker has already begun the employment-based permanent-residence process.

Application Steps

1. Obtain an LCA, if required for the specialty occupation or fashion model petition.
2. Employer or agent files Form I-129 with USCIS, including the certified LCA where required.
3. If approved, a worker outside the United States applies for an H-1B visa at a U.S. embassy or consulate if required.
4. The worker applies to U.S. Customs and Border Protection for admission in H-1B classification.

File Form I-129 at the correct USCIS location or online, according to the I-129 Direct Filing Chart.

Required Evidence

Evidence may include:

• Form I-129;
• Certified LCA, where required;
• Evidence the position qualifies for the requested classification;
• Degree, foreign-degree equivalency, license, or qualifying experience evidence;
• Required licensing evidence;
• For H-1B2, DOD verification and project documentation;
• For cap-subject cases, a valid selected registration; and
• Any required payment proof or DHS exception evidence.

Travel and Return Transportation

Current H-1B visa holders, and beneficiaries after petition approval, may travel into and out of the United States.

If the employer terminates employment before the authorized stay ends, the employer is liable for reasonable return transportation costs. This does not apply where the worker voluntarily resigns.

Important Warning: $100,000 Payment

USCIS states that on June 8, 2026, a federal district court vacated agency guidance implementing the $100,000 H-1B payment requirement. The First Circuit denied the government’s request for a stay on July 24, 2026. DHS states it will comply with the court order while considering next steps, but plans to collect the payment if the order is later lifted.

The underlying Proclamation text states that certain petitions filed on or after 12:01 a.m. Eastern, Sept. 21, 2025 require a $100,000 payment. It identifies affected cases as including certain beneficiaries outside the United States without a valid H-1B visa, certain consular or port-of-entry notification requests, and cases where USCIS denies a requested change of status, amendment, or extension.

The Proclamation text states that petitions subject to the payment must include pay.gov scheduling proof or evidence of a DHS Secretary exception when filed; otherwise, they will be denied. It also describes extremely rare national-interest exceptions.

If the payment requirement becomes applicable, USCIS directs petitioners to H-1B Visa Payment to Remove Restriction.