H-1B Visa for Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models (Temporary Workers)
Alert: For all H-1B and H-1B1 petitions received on or after April 1, 2022, USCIS will no longer accept a single, combined fee payment when Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; or Form I-824, Application for Action on an Approved Application or Petition, is filed together with an H-1B or H-1B1 petition (Form I-129, Petition for a Nonimmigrant Worker).
For all H-1B and H-1B1 petitions received on or after April 1, 2022, USCIS will no longer accept a single, combined fee payment when Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; or Form I-824, Application for Action on an Approved Application or Petition, is filed together with an H-1B or H-1B1 petition (Form I-129, Petition for a Nonimmigrant Worker). Each of these forms received by USCIS on or after April 1 must have its own fee payment instrument or we will reject the entire package.
USCIS is transitioning to electronic processing of immigration benefit requests. As we complete this transition, USCIS will be using multiple systems to receipt and process various types of immigration benefit requests. Because H-1B and H-1B1 petitions and related applications are not all processed in the same system, USCIS requires a separate payment instrument for each of these forms. USCIS acknowledges that using multiple checks or payments for H-1B and H-1B1 petitions and related applications is more burdensome than using one payment. USCIS is always analyzing its forms, practices, and policies to streamline filing and reduce, minimize and control burdens to submit requests. However, USCIS believes that the advantages of electronic processing to both the agency and to the public outweigh the minor impacts of submitting individual fee payments.
For you to come to the United States lawfully as a nonimmigrant to work temporarily in the United States, your prospective employer must generally file a nonimmigrant petition on your behalf if you wish to perform services in:
- A specialty occupation;
- Exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project; or
- A fashion model of distinguished merit or ability.
Eligibility
Three types of individuals may have petitions filed on their behalf under the H-1B category:
- Specialty occupations: Typically, companies file for individuals to come to the United States to perform services in specialty occupations. These positions normally require bachelor’s degrees (or higher) in a specialty field;
- DOD research and development project workers: A cooperative research and development project or a co-production project is provided for under a government-to-government agreement administered by the U.S. Department of Defense; and
- Fashion models: Individuals who are fashion models of distinguished merit and ability.
You must meet the following criteria to be classified as an H-1B temporary worker:
- You must have an employer-employee relationship with the petitioning U.S. employer.
- Your job must qualify as a specialty occupation by meeting one of the following criteria:
- A bachelor’s or higher degree or its equivalent is normally the minimum requirement for the particular position;
- The degree requirement is common for the position in the industry, or the job is so complex or unique that it can only be performed by someone with at least a bachelor’s degree in a field related to the position;
- The employer normally requires a degree or its equivalent for the position; or
- The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree (For more information, see 8 CFR section 214.2(h)(4)(iii)(A)).
- Your job must be in a specialty occupation related to your field of study;
- The petitioning employer must submit evidence that the U.S. Department of Labor has certified a labor condition application;
- You must be paid at least the actual or prevailing wage for your occupation, whichever is higher; and
- An H-1B visa number must be available at the time of filing the petition, unless the petition is exempt from numerical limits.
For more information, visit the H-1B Specialty Occupations page.
How to File
To begin the petition process, your employer must:
- Read the instructions for Form I-129, Petition for a Nonimmigrant Worker Petition for a Nonimmigrant Worker;
- Complete and sign Form I-129;
- Pay the filing fee, if applicable; and
- Provide all required evidence and supporting documentation.
The initial length of stay in the United States can be up to three years with subsequent renewals not to exceed six years, with certain exceptions.
Want status updates about your case? Learn how to create a USCIS online account to stay informed.
After You File
Once we receive your Form I-129, we will process your petition and you and your employer will receive a:
- Receipt notice confirming we received your petition;
- Biometric services notice, if applicable;
- Notice to appear for an interview, if required; and
- Notice of our decision.
Forms and Fees
- Form I-129
- Find the fee information on Our Fee Schedule page.