H-1B Specialty Occupation — US Immigration Attorneys

The H-1B visa is the most common US work visa for specialty occupation positions requiring at least a bachelor's degree or equivalent. It is sponsored by a US employer and is subject to an annual cap of 65,000 visas (plus 20,000 for US master's holders). Applications are selected by random lottery in April each year.

H-1B

Visa code

3 years (extendable to 6)

Duration

$460

Gov fees from

USCIS

Filed with

Visa details

Visa typeH-1B Specialty Occupation

CodeH-1B

Duration3 years (extendable to 6)

Est. gov fees$460 (I-129) + attorney

Filed withUSCIS / DOS

Key eligibility

Job offer from a US employer willing to sponsor the petition

Position qualifies as a specialty occupation (requires degree)

Hold a bachelor's degree (or equivalent) in a relevant field

Employer files Labor Condition Application (LCA) with DOL

Employer pays the prevailing wage for the position and location

Selected in the annual H-1B lottery (if cap-subject)

Why use an attorney for H-1B?

H-1B petitions require precise LCA compliance, correct specialty occupation classification, and strong evidence that the role qualifies as a specialty occupation. An immigration attorney ensures your employer's petition is bulletproof against RFEs (Requests for Evidence) from USCIS.

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Frequently asked questions

What is the H-1B lottery and how does it work?+

USCIS receives far more H-1B registrations than the annual cap allows (65,000 + 20,000 advanced degree exemption). Employers register during a window in March, and USCIS selects registrations randomly by lottery. If selected, the employer then files the full H-1B petition.

Can I change employers on an H-1B?+

Yes. H-1B portability allows you to change employers without waiting for a new H-1B approval, provided your new employer files an H-1B transfer petition before your current H-1B status expires. You can start the new job as soon as the transfer petition is filed (not approved).

How long can I stay on an H-1B?+

The initial H-1B is granted for 3 years, extendable to 6 years total. If a PERM labor certification or I-140 immigrant petition has been filed for you, you may be eligible for 1- or 3-year extensions beyond the 6-year cap.

Can my spouse work in the US on my H-1B?+

Your spouse can get an H-4 dependent visa. H-4 visa holders whose spouse has an approved I-140 petition may apply for an H-4 EAD (Employment Authorization Document), allowing them to work in the US.

What is an RFE and how do I respond?+

A Request for Evidence (RFE) is issued by USCIS when they need more information about the petition. Responding to an RFE is complex and time-sensitive — an immigration attorney should handle it.