H-1B Specialty Occupations

*For more information, see 8 CFR §214.2(h)(4)(iii)(A). For purposes of the specialty occupation criteria at paragraphs (h)(4)(iii)(A)(1) through (4), “normally” means conforming to a type, standard, or regular pattern, and is characterized by what is considered usual, typical, common, or routine. Normally does not mean always.

For purposes of the specialty occupation definition and criteria, “directly related” means that there is a logical connection between the required degree, or its equivalent, and the duties of the position. See 8 CFR § 214.2(h)(4)(ii).

**For more information see 8 CFR §214.2(h)(4)(iii)(C).

Some professions require an H-1B beneficiary to hold a state or local license authorizing the beneficiary to fully practice the specialty occupation.

If an occupation in the state of intended employment requires such a license, an H-1B beneficiary seeking classification in that occupation generally must have that license before the petition is approved, rather than at the time of filing the petition. See 8 CFR 214.2(h)(4)(v)(A)–(B). When a license is required, but there is no evidence of the beneficiary holding one, USCIS will generally issue a request for evidence of the required license.

In 2020, we implemented an electronic registration process for the H-1B cap. We will not consider a cap-subject H-1B petition to be properly filed unless it is based on a valid, selected registration for the same beneficiary and the appropriate fiscal year, unless the registration requirement is suspended. For more information about the H-1B registration process, visit our H-1B Electronic Registration Process webpage.

Step 1: (only required for specialty occupation and fashion model petitions): Employer/Agent Submits LCA to DOL for Certification.
The employer/agent must apply for and receive DOL certification of an LCA. For further information regarding LCA requirements and DOL's process, see the Department of Labor’s Foreign Labor Certification page.

Step 2: Employer/Agent Submits Completed Form I-129 to USCIS.
The employer/agent should file Form I-129, Petition for a Nonimmigrant Worker, at the correct location or online.  Please see our I-129 Direct Filing Chart page. The DOL-certified LCA should be submitted with the Form I-129 (only for specialty occupation and fashion models). See the instructions to the Form I-129 for additional filing requirements.

Step 3: Prospective Workers Outside the United States Apply for Visa and/or Admission.
If the Form I-129 petition is approved, the prospective H-1B worker who is outside the United States may apply with the U.S. Department of State (DOS) at a U.S. Embassy or Consulate abroad for an H-1B visa (if a visa is required). Regardless of whether a visa is required, the prospective H-1B worker must then apply to U.S. Customs and Border Protection (CBP) for admission to the United States in H-1B classification.

Prospective specialty occupation and distinguished fashion model employers/agents must obtain a certification of an LCA from the DOL. This application includes certain attestations, a violation of which can result in fines, bars on sponsoring nonimmigrant or immigrant petitions, and other sanctions to the employer/agent. The application requires the employer/agent to attest that it will comply with the following labor requirements:

• The employer/agent will pay the H-1B worker a wage that is no less than the wage paid to similarly qualified workers or, if greater, the prevailing wage for the position in the geographic area in which the H-1B worker will be working.
• The employer/agent will provide working conditions that will not adversely affect other similarly employed workers.
• At the time of the labor condition application there is no strike or lockout at the place of employment.
• Notice of the filing of the labor condition application with the DOL has been given to the union bargaining representative or has been posted at the place of employment.

As an H-1B specialty occupation worker, you may be admitted for a period of up to 3 years if you do not possess a controlling interest in the petitioning organization or entity, meaning you do not own more than 50% of the petitioner or have majority voting rights in the petitioner. If you do possess a controlling interest in the petitioning or entity organization, you may be admitted for a period of up to 18 months on your initial approval and first extension petitions. 

However, you may be eligible for an H-1B extension beyond the sixth year under 8 CFR 214.2(h)(13)(iii)(E) if you are the beneficiary of an approved immigrant visa petition under the EB-1, EB-2, or EB-3 classifications, and are eligible to be granted that immigrant status but for application of the per country or worldwide limitations on immigrant visas. Petitioners must demonstrate the visa is not available as of the date they file an H-1B petition with USCIS. We may grant extensions on this basis in up to 3-year increments until we make a final decision to revoke the approval of the immigrant visa petition or to approve or deny your application for an immigrant visa or application to adjust status to lawful permanent residence.

Alternatively, under 8 CFR 214.2(h)(13)(iii)(D), you may be eligible for an H-1B extension beyond the sixth year if at least 365 days have passed since a labor certification was filed with the Department of Labor on your behalf (if such certification is required) or an immigrant visa petition was filed with USCIS on your behalf. 

You are ineligible for this extension beyond the sixth year if you fail to file an adjustment of status application or apply for an immigrant visa within 1 year of an immigrant visa being available. If the accrual of such 1-year period is interrupted by the unavailability of an immigrant visa, you will have a new 1-year period after an immigrant visa again becomes immediately available, during which you generally must file an adjustment of status application or apply for an immigrant visa. We may, in our discretion, excuse a failure to file an adjustment of status application or apply for an immigrant visa within 1 year of an immigrant visa being available if your employer establishes that the failure to apply was due to circumstances beyond your control. When considering whether to excuse a failure to timely file within 1 year, we will look at the totality of the circumstances, which may include:

• whether there was a change of employment;
• whether the change of employment was voluntary;
• when and why the employment with the original employer ended; and
• what steps you and your new employer took after the change of employment to file an adjustment of status application or apply for an immigrant visa.

We may excuse a failure to timely file in cases of both voluntary and involuntary change of employment when considering the totality of the circumstances. We may grant extensions under this provision in up to 1-year increments until the approved permanent labor certification expires or a final decision has been made to:

• deny the application for permanent labor certification, or, if approved, to revoke or invalidate the approval;
• deny the immigrant visa petition, or, if approved, revoke the approval;
• deny or approve your application for an immigrant visa or application to adjust status to lawful permanent residence; or
• administratively or otherwise close the application for permanent labor certification, immigrant visa petition, or application to adjust status.       

Your employer will be liable for the reasonable costs of your return transportation if they terminate your employment before the end of your period of authorized stay. Your employer is not responsible for the costs of your return transportation if you voluntarily resign from your position. For more information, please see Options for Nonimmigrant Workers Following Termination of Employment.

The H-1B classification has an annual numerical limit (cap) of 65,000 new statuses/visas each fiscal year (with certain deductions and additions based on H-1B1 set asides and usage). An additional 20,000 petitions filed on behalf of beneficiaries who have earned a master’s degree or higher from a U.S. institution of higher education are exempt from the cap. Additionally, H-1B workers who are petitioned for or employed at an institution of higher education or its affiliated or related nonprofit entities, a nonprofit research organization, or a government research organization, are not subject to this numerical cap.

For further information about the numerical cap, see our H-1B Cap Season page.

Changing Employers

When can I begin working for a new H-1B employer if I change employers?

• If you are changing H-1B employers, you may begin working for the new employer as soon as they properly file a non-frivolous Form I-129 petition on your behalf, or as of the requested start date on that petition, whichever is later.
• To be eligible for portability, you must not have been employed without authorization from the time of your last admission into the United States, and your new employer must properly file a new, non-frivolous petition before your H-1B period of authorized stay expires.

Will I still have employment authorization if I change employers?

• If you are eligible for H-1B portability, your employment is authorized until USCIS has made a decision on the Form I-129.
• If the new I-129 petition is approved, you may continue working for the new employer for the period of time indicated on the new petition approval.
• If the new petition is denied, you may continue working for your previous employer if your prior period of authorized employment is still valid, but your authorization to work based on portability ceases upon denial of the petition.
• If you are laid off, fired, quit, or otherwise cease employment with your previous employer, you may have up to 60 consecutive days or until the end of your authorized validity period, whichever is shorter, to find new employment, change status, or depart the country.

Can I move from cap-exempt to cap-subject employment?

• If you are moving from cap-exempt to cap-subject employment, your new employer’s H‑1B petition will be subject to the H-1B cap. If subject to the cap, your new employer must first submit an electronic registration when registration period opens. This is typically in March.
• If more unique beneficiaries are registered than projected as needed to meet the cap for a given fiscal year, unique beneficiaries of properly submitted registrations will be randomly selected. All registrants of selected beneficiaries will be notified of selection and selection notices will be uploaded to their account informing them that they may file a petition for the beneficiary named in the selection notice during the applicable filing period.  H-1B cap petitions must have a start date of Oct. 1 (or later) of the applicable fiscal year and may not be filed more than 6 months before the requested start date on the petition.
• If you are currently employed in a cap-exempt position, you may engage in concurrent employment in a cap-subject position as long as you will continue to be employed in the cap-exempt position. You may begin working concurrently for the cap-subject employer as soon as they properly file a non-frivolous Form I-129 petition on your behalf, or as of the requested start date on that petition, whichever is later. As long as you continue your cap-exempt employment, were previously counted toward the cap, or otherwise remain cap exempt, you will not become subject to the H-1B cap again during the same H-1B validity period.

Changing Employment Terms with the Same Employer

What if I want to start new employment or change employment terms with my current employer?

• Form I-129 is also used to request new employment or a change of employment with the same employer.
• If your current H-1B employer properly files a non-frivolous Form I-129 requesting new employment or a change of employment on your behalf, you are authorized to work according to the terms of the new or changed employment once that petition is filed, or as of the requested start date on that petition, whichever is later.

Your spouse and unmarried children under 21 years of age may seek admission in the H-4 nonimmigrant classification. Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, as long as the H-1B nonimmigrant has already started the process of seeking employment-based lawful permanent resident status. Please visit our Employment Authorization for Certain H-4 Dependent Spouses page to learn more.

• H-1B Cap Season
• Employment Authorization for Certain H-4 Dependent Spouses
• Fee Increase for Certain H-1B and L-1 Petitions (Public Law 114-113)
• Combating Fraud and Abuse in the H-1B Visa Program
• H-1B Electronic Registration Process
• Questions about Same or Similar Occupational Classifications Under the American Competitiveness in the Twenty-first Century Act of 2000 (AC21)
• Frequently Asked Questions about Part 6 of Form I-129, Petition for a Nonimmigrant Worker
• FAQs for Individuals in H-1B Nonimmigrant Status