H-1B visa for specialty occupations

• A job description that shows why the role needs a degree in a specific field
• The worker's diplomas and transcripts, with evidence that a foreign degree (for example a Turkish lisans diploma) equals a U.S. degree, and certified English translations
• Evidence for the wage level chosen in the registration: the OEWS level for the occupation code and work location
• The passport used for the registration; the petition must carry the same passport details
• The certified labor condition application (Form ETA-9035) from the Department of Labor
• The registration selection notice and the beneficiary confirmation number
• For F-1 students: Form I-20, the OPT work permit (EAD) and the I-94 record
• Company records: FEIN, a recent tax return and Form 941 (also used to show small-employer status)
• Any state license the occupation requires (generally needed before approval)

• Registration details that do not match the petition (occupation code, wage level, passport) can lead to rejection or denial.
• More than one registration by the same employer for one worker: USCIS removes all of them and keeps the fee.
• A job description that does not show the role normally needs a degree in a specific field.
• An offered wage below the wage level selected in the registration.
• Filing at the wrong address or with the wrong fee: the petition is rejected and keeps no filing date.
• For a worker abroad, the $100,000 position can change while the appeal continues; check the USCIS page on the day of filing.
• An F-1 student who travels abroad while the change of status is pending abandons that request.
• A worker who owns more than half of the petitioning company gets approvals of up to 18 months for the first petition and the first extension.
• DHS proposed on 11 September 2026 to remove the 60-day grace period after a job ends; comments close on 10 November 2026, and it is not in effect.

• The job does not need a degree in a specific field: H-1B does not fit; a green card through PERM labor certification may.
• Not selected, or work must start before October: look at O-1, L-1 for transfers within one company group, E-2 for Turkish investors, or TN for Canadian and Mexican citizens.
• The worker wants a green card on their own record: see EB-1A and EB-2 NIW.

Who this is for

• Professionals with a U.S. job offer in a role that requires a degree in a related field.
• U.S. employers who want to sponsor a worker. A worker generally cannot file alone.
• Graduates and workers outside the U.S., and people changing from another status such as F-1.

Key requirements

• A U.S. employer files Form I-129 after the Department of Labor certifies a labor condition application.
• The job must need at least a bachelor's degree in a directly related field. The worker needs that degree, a foreign equivalent, a required state license, or equivalent education and experience.
• Most new petitions count toward a yearly cap of 65,000, plus 20,000 for holders of a U.S. master's degree or higher. Only an employer with a selected registration may file a cap petition.
• From FY 2027, if a lottery is needed, selection is weighted toward higher OEWS wage levels.
• Universities, their affiliated or related nonprofits, nonprofit research organizations and government research organizations are not subject to the cap.
• A Proclamation of 19 September 2025 requires a $100,000 payment for certain new petitions for workers outside the U.S. without a valid H-1B visa, and Proclamation 11069 of 18 September 2026 extends it to 21 September 2027. USCIS says a federal court vacated its guidance on the payment on 8 June 2026, and DHS is complying while it considers next steps.

What to check with an attorney

• Whether the job and the degree match, and which wage level the offered salary meets.
• Whether the employer is cap-exempt, or must wait for the next registration.
• Whether the $100,000 payment, the $4,000 Pub. L. 114-113 fee or the small-employer rates apply.
• Alternatives if the worker is not selected, such as O-1, L-1, E-2 or TN.

Fees and rules reviewed 16 Oct 2026. Sources below.

Official sources:

1. USCIS: H-1B Specialty Occupations (reviewed 21 Sept 2026)
2. USCIS: H-1B Cap Season
3. USCIS: H-1B Electronic Registration Process
4. USCIS: Fee Schedule, Form G-1055 (edition 10/16/26)
5. USCIS: How Do I Request Premium Processing?
6. USCIS: Cap-gap extension for F-1 students
7. USCIS alert: FY 2027 H-1B selection completed (31 Mar 2026)
8. USCIS alert: FY 2027 H-1B cap reached (17 Jul 2026)
9. Federal Register: Proclamation 11069 (18 Sept 2026)
10. Federal Register: DHS proposed rule, Fee for Certain H-1B Petitions (25 Aug 2026)
11. 22 CFR 22.1: State Department visa fees
12. USCIS: Form I-129 and instructions
13. USCIS: Form I-765 (court order on the F-1 admission rule)
14. Federal Register: proposed removal of the 60-day grace period (11 Sept 2026)

What changed: added the FY 2027 cap result, weighted selection, the $100,000 payment court order, Proclamation 11069, the proposed $103,265 fee, 2026 fees, cap-gap and premium processing.