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Khan Law, PLLC
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Plano, TX 75074
Office: (469) 200-6508
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Email: info@khanlegalgroup.com
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The Visa Guide · Work
H-1B Specialty
Occupation Visa
Built for professionals.
The workhorse visa for degreed professionals: engineers, analysts, IT, healthcare, finance. A U.S. employer sponsors you for a role that requires a specific bachelor’s degree or higher. Here’s the whole journey, in plain English.
Who Qualifies
Specialized. Degreed. Sponsored.
Four things make or break an H-1B case: the role, the degree, the wage, and the cap.
A specialty occupation
The job offer is for a role that requires at least a bachelor’s degree in a specific field.
The matching degree
The worker holds that degree, or the equivalent through education and experience.
A Labor Condition Application
The employer pays the required wage under a certified LCA, attesting to wages and working conditions.
Cap-exempt employers skip the line
Cap-subject cases must be selected in the annual electronic registration: 65,000 visas, plus 20,000 for U.S. advanced degrees. Universities, nonprofit research organizations, and their affiliates are cap-exempt year-round.
The Process
Five steps. One career.
The registration
The employer registers in the March electronic registration; selection is by lottery when demand exceeds the cap.
The LCA
File the LCA (Form ETA-9035) with the Department of Labor attesting to wages and working conditions.
The petition
File Form I-129 with USCIS in the filing window, with degree, job, and employer evidence.
The approval
Approval grants up to 3 years, extendable to 6, and beyond 6 with a green card process underway (AC21 rules).
The bridge
Plan the bridge early: H-1B is dual intent, so PERM/EB-2/EB-3 or EB-1/NIW can proceed in parallel. Missed the lottery? Consider cap-exempt roles, O-1, or country-specific treaty visas.
Forms & Fees
Know the paperwork.
The annual March electronic registration. Cap-subject cases must be selected before filing
The Labor Condition Application, filed with the Department of Labor: wages and working conditions
The H-1B petition, filed with USCIS with degree, job, and employer evidence
Missed the lottery?
Universities, nonprofit research organizations, and their affiliates are cap-exempt year-round, no lottery required. Cap-exempt roles, O-1, or country-specific treaty visas can keep a career moving.
Live processing times & fees
Government numbers change monthly. These official tools are always current:
Your career.
Our fight.
Every case is different. Tell us your story. The evaluation is free, and we’ll tell you exactly which path fits.
Attorney Advertising: general information, not legal advice. Filing strategy matters more than ever: request a free case evaluation or call (469) 200-6508. ← Back to all visa guides
The Rules
What you can and cannot do.
- Change employers through a transfer petition and begin the new job as soon as USCIS receives it
- Hold H-1B jobs with more than one employer at once, each under its own petition
- Use the grace period after a layoff, up to 60 days, to land a new sponsor or change status
- Bring your spouse and children under 21 on H-4; some H-4 spouses qualify for work permits
- Freelance, moonlight, or take gig work for anyone who has not filed an H-1B petition for you
- Move to a worksite in a new city without an amended filing; the required wage is tied to the location
- Be benched without pay; the employer owes the promised wage even between projects
- Pay the employer’s share of the fees; the law puts the training fee and certain costs on the company
Costs
What it costs in 2026.
H-1B math is mostly employer math: the law requires the sponsor to pay the core petition fees, and several of them scale with company size. Workers stamping a first visa abroad face consular charges of their own, and some new petitions for workers overseas sit under a contested $100,000 proclamation payment that is now in the courts. Here is the stack as it stands in August 2026.
| Item | Amount | Notes |
|---|---|---|
| Electronic registration | $215 per beneficiary | Paid for the March lottery; not refunded if you are not selected |
| Petition fee (Form I-129) | $780 | $460 for small employers and nonprofits |
| ACWIA training fee | $750 or $1,500 | $750 for employers with 25 or fewer full-time employees; $1,500 above that |
| Fraud prevention fee | $500 | First H-1B petitions and changes of employer |
| Asylum Program Fee | $600 | $300 for small employers; $0 for nonprofits |
| Public Law 114-113 fee | $4,000 | Employers with 50+ U.S. employees where more than half hold H-1B or L-1 status |
| Premium processing (optional) | $2,965 | Raised from $2,805 on March 1, 2026; decision within 15 business days |
| 2025 proclamation payment | $100,000 (contested) | Certain new petitions filed since Sept 21, 2025 for workers abroad who need consular processing; a federal court held it unlawful in June 2026, but it is still collected while the appeal runs, and exemptions and rare national-interest exceptions exist |
Fee amounts reflect published government figures as of August 2026 and change over time; the live links above are always current. Petition fees apply per filing, and most must be paid by the employer, not the worker.
FAQ
Questions we hear every week.
Does the $100,000 payment apply to me?
For most people already in the U.S., no. It targets new petitions filed on or after September 21, 2025 for workers outside the country who do not hold a valid H-1B visa. Approved extensions, transfers, and changes of status decided inside the U.S. are not covered. A federal court struck the payment down in June 2026, yet it is still being collected during the appeal, so get current advice before any first-time consular case; this changes month to month.
What are my real odds in the lottery?
Registrations have far exceeded the 85,000 available slots in recent years, so most registrations are not selected in a given March. Treat the lottery as one lane, not the plan: register every year and keep a parallel option warm, because the strongest cases are the ones with a fallback already moving.
Who actually pays all these fees?
The employer, mostly, and not as a courtesy: Department of Labor rules bar passing the training fee to the worker, and deductions cannot drop pay below the required wage. Premium processing is the flexible one; either side may choose to cover it. If an employer asks you to repay petition costs, ask a lawyer before agreeing.
I was laid off. What is my actual deadline?
Up to 60 days, or the end date on your I-94, whichever comes first, counted from the last day of employment. Inside that window a new employer can file a transfer, or you can file to change status, or depart. The days go quickly; start counting on day one and get help early.
Can I travel while something is pending?
It depends on what is pending. A pending change of status generally collapses if you leave the country, while travel during a same-employer extension is often workable with a valid visa stamp. First-time stampings abroad add the consular application fee, the new $250 integrity fee at issuance, and, for proclamation-covered cases, far bigger questions. Have the whole itinerary reviewed before booking anything.
My degree is in a different field than the job. Is that fatal?
Not automatically. USCIS looks at whether the degree field and the duties genuinely connect, and credential evaluations, transcripts, and expert letters can bridge a gap. Mismatched-degree cases draw requests for evidence, so build the bridge before filing, not after.