Path context
Visa / work rights
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5 verified routes
H-1B Specialty Occupation
United States
Source pending — see notes
N/A (lottery-based selection)
Up to 6 years (3-year initial period + 3-year extension)
Source pending — see notes (must meet prevailing wage for role/location)
Requirements
- Valid job offer from a USCIS-certified US employer (petitioning employer)
- Position qualifies as a 'specialty occupation' requiring theoretical and practical application of a body of specialized knowledge and at least a bachelor's degree or equivalent
- Employer files Form I-129 (Petition for a Nonimmigrant Worker) with USCIS
- H-1B cap registration via USCIS during registration period (March for fiscal year starting October 1)
- Selected in H-1B lottery if cap-subject
- Applicant must hold a US bachelor's or higher degree (or equivalent foreign credential) in a directly related field; some roles accept equivalency via experience
Process overview
- 1
Employer receives a valid job offer and confirms specialty occupation requirements
As needed per employer cycle - 2
H-1B cap registration period with USCIS (typically March for FY starting Oct 1)
1 – 2 weeks window - 3
USCIS conducts lottery selection and employer files Form I-129
1 – 4 weeks after selection - 4
USCIS adjudicates petition (or requests RFE)
1 – 3 months (standard processing)Premium processing (15 business days) available for additional $2,805 fee.
- 5
Consular processing or change of status (if already in US)
1 – 4 weeks
Cost breakdown
- USCIS Form I-129 filing fee (standard)$460.00
- ACWIA (Anti-Fraud) fee (employer pays; may be passed to employee in some cases)Optional$750.00
- Premium Processing Service (15 business days) — employer optionalOptional$2,805.00
Fees listed are USCIS filing fees only. Premium processing (optional) and attorney fees are extra. Prevailing wage determination (PWD) from DOL does not have a direct application fee. Costs may vary. Check official sources.
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