The H-1B is a temporary classification for specialty occupations — positions that require theoretical and practical application of a body of highly specialized knowledge, together with attainment of at least a bachelor’s degree or its equivalent in the specific specialty.
A position generally qualifies as a specialty occupation when the duties require the theoretical and practical application of highly specialized knowledge and the position normally requires at least a bachelor’s degree in a directly related specialty, or its equivalent. USCIS evaluates the actual position, the employer’s requirements, industry practices, and the evidence submitted with the petition.
Two words do most of the work in current adjudications. Directly related means a general degree without a specific specialty is unlikely to support the petition. And specific specialty means the connection between the required field of study and the duties must be demonstrated, not assumed.
The beneficiary must hold the required degree, a foreign equivalent, or equivalent experience established through a credential evaluation. An employer must also obtain a certified Labor Condition Application from the Department of Labor before filing, attesting to wage and working condition obligations.
H-1B is subject to an annual numerical limit, with a separate allocation for beneficiaries holding a US master’s degree or higher.
Employers submit electronic registrations during a defined window, and selections are made from those registrations. Only selected registrations may proceed to a full petition filing.
Qualifying and being selected are different things. This is the basic framework of the H-1B, and it is the reason no individual should build a single-track plan around it. A perfectly qualified beneficiary with a strong employer may simply not be selected.
This area has been unusually unstable and any plan should account for the possibility of further change.
A presidential proclamation signed on September 19, 2025 imposed a substantial supplemental payment in connection with certain new H-1B petitions, broadly those for beneficiaries outside the United States requiring consular notification. Current as of September 14, 2026, the $100,000 payment imposed under that proclamation is not being collected, following federal court rulings that vacated the payment requirement. The government’s appeal remains pending, and the payment could potentially be reinstated if the relevant court orders are later lifted. The status should therefore be confirmed immediately before filing.
A final rule issued August 10, 2026 and effective September 9, 2026 requires covered employers to submit this fee for H-1B and L-1 petitions. A covered employer is broadly one employing fifty or more people in the United States where more than half are in H-1B, L-1A, or L-1B status. It does not apply to an amended petition that does not seek an extension of stay.
On August 25, 2026 the Department of Homeland Security proposed a further fee on H-1B cap-subject petitions, with the public comment period closing September 24, 2026. As at the date of this page, this remains a proposal.
The direction of travel is clear: sponsoring an H-1B is becoming more expensive and less predictable. Employers should budget and plan accordingly, and individuals should assess alternatives rather than assuming the H-1B remains the default.
Certain employers may file H-1B petitions outside the numerical limit, at any time of year, with no registration and no lottery.
These include institutions of higher education, nonprofit entities related to or affiliated with such institutions, nonprofit research organizations, and governmental research organizations. Concurrent employment arrangements involving a cap-exempt employer can also be relevant.
Individuals working in academic, research, or affiliated nonprofit settings should determine early whether a cap-exempt H-1B may be available, because such employment does not follow the regular annual registration and selection process.
Before committing to a lottery-dependent plan, it is worth establishing whether any of these apply:
Correct as of September 14, 2026. This page provides general information only and does not constitute legal advice. The H-1B fee position is subject to ongoing federal litigation and may change.
US immigration services are provided by Celiksoy Law Firm P.C., San Diego, CA, USA.
Not currently. The $100,000 payment imposed under the September 2025 presidential proclamation is not currently being collected following federal court rulings that vacated the payment requirement. The government’s appeal remains pending, so the status could change. Employers should confirm the current requirements immediately before filing. Separately, on August 25, 2026, DHS proposed a $103,265 fee for cap-subject H-1B petitions. This is a proposed rule, not a current filing fee, and it should not be treated as payable unless and until a final rule takes effect.
You cannot file a cap-subject petition for that fiscal year. Options include cap-exempt employment, another classification such as O-1A or L-1, remaining on an existing status such as F-1 with OPT or STEM OPT where available, or working outside the United States for the employer. Assessing these before the results rather than after gives you more room.
No. H-1B requires a US employer to file the petition and to make Labor Condition Application attestations. Arrangements involving an entity the beneficiary owns are possible in principle but require a genuine employer-employee relationship with someone able to control the beneficiary’s employment, and they are examined closely.
The general maximum period of stay is six years, with extensions beyond that available in defined circumstances connected to a pending or approved employment-based permanent residence process. Those provisions are the reason permanent residence planning should begin early in the H-1B period rather than at year five.
Yes, if the portability requirements are satisfied, through an H-1B portability petition filed by the new employer. Under portability provisions, you may generally begin work for the new employer upon proper filing rather than waiting for approval, subject to conditions. Material changes in the terms of employment may require an amended petition.
H-4 employment authorization is available only in defined circumstances tied to the H-1B holder’s permanent residence process. It is not automatic, and eligibility rules in this area have been subject to change. Do not assume dependent work authorization when planning a household move.
