H-1B Visas (Specialty Occupations)

Does Your Position Qualify?

(The Baseline Requirements)

To successfully secure an H-1B visa, both the job and the candidate must meet strict criteria:

• The "Specialty Occupation" Rule: The job itself must require the theoretical and practical application of a body of highly specialized knowledge. Examples include engineering, computer science, mathematics, architecture, medicine, and specialized business roles.

• The Degree Requirement: The minimum entry requirement for the position must be a U.S. Bachelor’s degree (or its foreign equivalent) in a field directly related to the role.

• The Candidate: The foreign professional must hold that specific degree or possess equivalent work experience (typically 3 years of specialized experience equals 1 year of college).

2026 Critical Update:

The $100,000 Proclamation Fee

As of late 2025, a Presidential Proclamation introduced a highly publicized $100,000 fee for certain H-1B petitions. However, many employers are confused about who actually pays this. Most U.S. graduates are exempt. Here is how the law applies:

• Who PAYS the Fee: The fee applies to employers petitioning for new H-1B workers who are currently outside the United States and do not already hold a valid H-1B visa.

• Who is EXEMPT from the Fee: The fee does not apply if the candidate is already inside the U.S. and we are filing a Change of Status or Extension. This means hiring an F-1 student graduating from a U.S. university, or transferring an existing H-1B worker from another company to yours, does not trigger the $100,000 fee.

Our attorneys will audit your prospective hires to ensure you are utilizing the most cost-effective immigration strategy.

The Step-by-Step H-1B Process with IMMI.LAW

The H-1B cap season is highly time-sensitive. We manage the entire lifecycle:

Step 1: The Electronic Lottery (March) Employers must electronically register candidates in the USCIS system during a brief window in March. If the candidate is selected in the randomized lottery, the employer has 90 days to file the full petition. (Note: Certain employers, like universities and affiliated non-profits, are "Cap-Exempt" and skip the lottery entirely).

Step 2: The Labor Condition Application (LCA) Once selected, we file an LCA with the Department of Labor. We work with you to ensure the position meets strict wage-level requirements, proving that hiring the foreign worker will not adversely affect the wages or working conditions of U.S. workers.

Step 3: Filing the I-129 Petition We prepare the comprehensive Form I-129 petition, meticulously documenting the specialty nature of the occupation and the candidate's qualifications, and submit it to USCIS.

Step 4: Visa Issuance or Change of Status

• If the candidate is in the U.S. (e.g., on an F-1 visa), their status will automatically change to H-1B on October 1st.

• If the candidate is abroad, we prepare them for their consular interview at the local U.S. Embassy to obtain the physical visa stamp before entering the U.S.

Official Government Fees (Current as of 2026)

By law, the employer must pay all H-1B government filing fees and legal fees. The employee cannot pay these costs. The following are direct fees paid to the U.S. Government, not including IMMI.LAW's legal representation.

• Electronic Registration Fee: $215

• Form I-129 Base Fee: $780 (or $460 for small employers with 25 or fewer employees, and eligible nonprofits).

• ACWIA Training Fee: $1,500 (or $750 for employers with 25 or fewer employees).

• Fraud Prevention Fee: $500 (Required for initial filings and changes of employer).

• Asylum Program Fee: $600 (or $300 for small employers; $0 for nonprofits).

• Premium Processing (Optional): $2,965 (Guarantees a USCIS response within 15 business days. This is the only fee the employee is legally permitted to pay, under certain circumstances).

Please verify all current fees directly on the Official USCIS Fee Schedule.

Frequently Asked Questions

How long does an H-1B visa last? An H-1B visa is initially granted for 3 years and can be extended for another 3 years, for a maximum total of 6 years. However, if the employer begins the Green Card sponsorship process (PERM) before the worker's 5th year on the H-1B, the visa can be extended indefinitely beyond the 6-year limit in 1-year or 3-year increments.

What is the "Cap-Gap" for students? If you hire an F-1 student currently on OPT (Optional Practical Training) and their OPT expires before the H-1B takes effect on October 1st, their work authorization and legal status are automatically extended through the summer to bridge the gap, provided their H-1B petition was filed on time.

Can the worker's spouse work in the U.S.? The spouse and unmarried children (under 21) can enter the U.S. on H-4 dependent visas. H-4 spouses cannot immediately work. However, once the H-1B worker reaches a certain stage in the employment-based Green Card process (an approved I-140), the H-4 spouse can apply for an Employment Authorization Document (EAD).

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