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Pathway

U.S. Specialty Occupation Work Visa

United States Residency
Pathway overview

At a glance

A U.S. employer may be able to sponsor you for H-1B to work in a job that normally requires a degree in a directly related subject. You need that degree or an accepted equivalent. The employer usually needs an approved Labor Condition Application (LCA), covering pay and working conditions, before filing with U.S. Citizenship and Immigration Services (USCIS).

Job offer required?
Yes, for a genuine U.S. job requiring specialized knowledge
Your qualifications
A directly related specialized degree or accepted equivalent, plus any required license
Employer application
A worker petition and certified wage and workplace filing; annual cap selection is needed unless an exemption applies

Summary

The H-1B is the main U.S. employer-sponsored work visa for specialty occupations. It usually requires a qualifying U.S. job, a directly related degree or equivalent background, employer sponsorship, and, for many employers, selection in the H-1B cap process.

Many H-1B jobs are subject to an annual cap. For fiscal year 2027, a rule effective February 27, 2026 changed the selection process: each worker is counted separately, and workers in higher official wage bands get more chances of selection. Every wage band still has a chance.

Check the annual cap before the employer applies
  1. Match the job and worker Document duties, the related degree or accepted equivalent, pay, work locations, and any required license.
  2. Check whether selection is needed Determine whether an exemption applies, the worker was already counted, or current registration and selection are required.
  3. Complete the employer's applications Get the approved Labor Condition Application and file the immigration petition with the required evidence.
  4. Confirm permission to work and any travel steps Check the difference between petition approval, immigration status, a visa, entry, and the permitted work start date.

Selection does not prove eligibility. Check current entry, payment, and consulate requirements before planning an overseas worker's start date. Changes to the approved employer, job, or location may need further filings.

Could this pathway work for you?

Eligibility

The employer generally must show:

The regular annual cap is 65,000, with a separate exemption of 20,000 for qualifying U.S. advanced-degree graduates. Universities, affiliated or related nonprofits, nonprofit research organizations, governmental research organizations, and some employment at qualifying organizations can be cap-exempt under specific rules.

Policy watch 1 development we’re tracking
A proposed fee could sharply increase the cost of a cap-subject filing
Consultation — not currently law

A proposed fee could sharply increase the cost of a cap-subject filing

Current official stage: Notice of proposed rulemaking; public-comment period closed on 24 September 2026

DHS proposes requiring the petitioning employer to pay an additional USD $103,265 when filing a cap-subject H-1B petition. Cap-exempt petitions would not pay this proposed fee, and the proposal is not part of the current filing-fee schedule unless a final rule takes effect.

Timing: The proposed rule was published on 25 August 2026, and its public-comment deadline passed on 24 September 2026. The proposal does not itself impose the fee. DHS would need to publish an effective final rule before the proposed fee could apply.

Last checked
References
Read the full briefing

What This Route Allows

H-1B work is limited to the petitioning employer, approved role, and covered locations, with specific rules for changing the job, work location, or employer. Approval is commonly granted for up to three years, with a usual six-year total and extensions allowed by law for some workers in the employment-based green-card process.

H-1B allows you to work temporarily while also pursuing a green card. This is called dual intent. Spouses and children may hold H-4 status; only certain H-4 spouses qualify for employment authorization.

What This Route Is Not

Selection does not establish eligibility, and petition approval does not guarantee a visa or admission.

The 18 September 2026 proclamation extends the entry restriction linked to a USD $100,000 payment for another year from 21 September 2026. Collection is a separate legal issue: DHS’s August rulemaking records that a court set aside the instructions for collecting the payment, and collection depends on a change to that court order. The extension alone does not resolve the court restriction. Check current USCIS instructions and court orders before filing or paying.

The State Department also conducts expanded checks of online activity for H-1B and H-4 visa applicants.

A separate proposal would add USD $103,265 to applications subject to the annual cap, including the U.S. advanced-degree allocation, while excluding applications exempt from the cap. The comment period ended September 24, 2026. This proposed fee is not payable unless an effective final rule adopts it. See the fee proposal briefing.

The proclamation, filing fees, weighted-selection rule, and nationality-based visa restrictions are separate and all may matter.

Next Steps

  1. Check whether the annual cap applies to this job, whether an exemption applies, or whether the worker has already been counted under the cap.
  2. Match duties, degree field, credentials, wage level, and work location.
  3. For cap-subject hiring, follow the current weighted registration instructions; do not rely on pre-2026 lottery descriptions.
  4. Determine whether the USD $100,000 proclamation payment or an exception applies before filing for a worker abroad.
  5. Plan any required updated filings for significant job or location changes and review visa-screening and nationality restrictions before travel.

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