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Explore visasI-129Full guide

H-1BH-1B Specialty Occupation

For jobs that require a degree in a specific field. The employer sponsors, most new cases go through an annual selection, and the rules changed a lot in 2025–2026.

At a glance

Who files
The U.S. employer: a DOL-certified LCA first, then Form I-129
Checked Sep 27, 2026[1]
Annual cap
65,000 regular + 20,000 for U.S. master's or higher; some employers are exempt
Checked Sep 27, 2026[1,2]
Selection
Weighted by wage level since the FY 2027 season
Checked Sep 27, 2026[3,4]
Stay
Up to 3 years at a time, 6 in total; longer with AC21 extensions
Checked Sep 27, 2026[1,5]
$100,000 payment
In litigation: agency guidance vacated June 8, 2026; proclamation extended to Sept. 21, 2027
Checked Sep 27, 2026[1,6,7]
Premium processing
15 business days, $2,965
Checked Sep 27, 2026[8,9]

What H-1B is

H-1B lets a U.S. employer hire you temporarily in a specialty occupation: a job that requires at least a bachelor's degree, or its equivalent, in a specific specialty directly related to the duties.[1,2,5]

There are two government steps: the employer gets a Labor Condition Application (LCA) certified by the Department of Labor (DOL), then files Form I-129 with U.S. Citizenship and Immigration Services (USCIS).[1,11]

High confidence H-1B is excluded from the presumption of immigrant intent in section 214(b) of the Immigration and Nationality Act (INA), so pursuing a green card is compatible with H-1B.[2,12]

Does the job qualify? Do you?

Since January 17, 2025, the regulation requires a degree in a "directly related specific specialty," meaning a logical connection between the degree and the duties. A general degree without further specialization is not enough, but a job may accept a range of degree fields if each is directly related.[1,5,14]

The position must meet at least one of these

  • A directly related U.S. bachelor's or higher degree, or its equivalent, is normally the minimum requirement for entry into the occupation.[1,5]
  • Such a degree is normally required for parallel positions at similar organizations in the employer's industry.[1,5]
  • The employer — or the third party, if you will be staffed to one — normally requires such a degree for the position.[1,5]
  • The duties are so specialized, complex or unique that the knowledge needed is normally associated with such a degree.[1,5]

"Normally" means conforming to a type, standard or regular pattern; it does not mean always.[1]

You must meet at least one of these

  • A U.S. bachelor's or higher degree required by the occupation, from an accredited college or university.[1,5]
  • A foreign degree equivalent to that U.S. degree.[1,5]
  • An unrestricted state license, registration or certification to fully practice the occupation in the state of employment.[1,5]
  • Education, specialized training and/or progressively responsible experience equivalent to the degree, plus recognition of expertise. Three years of specialized training or experience generally substitute for each year of college-level training you lack.[1,5]

If the occupation requires a state license, you generally must hold it before the petition is approved (not necessarily at filing). Without it, USCIS will generally issue a Request for Evidence (RFE).[1,5]

At filing, the employer must show a bona fide specialty-occupation position available as of the requested start date. It does not have to list day-to-day assignments for the whole period.[5]

If you own more than 50% of the petitioning company or have majority voting rights, you can still qualify, but you must perform specialty-occupation duties a majority of the time, and the first petition and first extension are each limited to 18 months.[1,5]

LCA and wages

Before filing Form I-129, the employer must obtain DOL certification of Form ETA-9035 or 9035E. DOL's certifying officer decides within 7 working days of receipt.[1,15]

What the employer attests on the LCA

  • Pay the H-1B worker at least the greater of the actual wage paid to similar workers or the prevailing wage for the job in the area of employment.[1,16]
  • Offer benefits on the same basis as to U.S. workers.[16]
  • Provide working conditions that will not adversely affect similarly employed workers.[1]
  • No strike or lockout at the place of employment when the LCA is filed.[1]
  • Notice of the LCA given to the union representative or posted at the place of employment.[1]

DOL rules bar the employer from recovering the American Competitiveness and Workforce Improvement Act (ACWIA) training fee from you, directly or indirectly, including through wage deductions.[16]

Proposed change: on March 27, 2026, DOL proposed raising the prevailing wage levels used for LCAs and for PERM, the permanent labor certification that many employment-based green cards require. It is a proposal; comments closed May 26, 2026, and current levels apply until a final rule takes effect.[7,17]

Executive Order 14431 (signed September 18, published September 23, 2026) directs DOL, the Department of Homeland Security (DHS) and the State Department to take into account, in LCAs, petitions, visas and entry, whether the sponsoring employer had layoffs in the previous year or plans layoffs that affect similarly situated U.S. workers.[18]

The order also directs DOL's Wage and Hour Division to begin reviewing previously filed LCA data within 30 days, has the agencies consult the Commerce and Education Departments and the Small Business Administration, and delegates authority to issue rules or guidance to carry it out.[18]

The cap and the weighted selection

Each fiscal year allows 65,000 new H-1B statuses (the regular cap, which includes H-1B1 set-asides) plus 20,000 for beneficiaries with a master's or higher degree from a U.S. institution.[1,2,4]

For a cap-subject petition, the employer must first submit an online registration for you and pay $215 per registration. Only a selected registration allows the employer to file.[19,20,21]

A final rule published December 29, 2025 (effective February 27, 2026) replaced the purely random selection with a weighted one. It was used for the FY 2027 season, whose registration ran March 4–19, 2026.[3,7,21]

How the weighting works

  1. On the registration, the employer selects the highest OEWS (Occupational Employment and Wage Statistics) wage level that your offered wage equals or exceeds for the job's occupation code and area.[3,5]
  2. If more than one employer registers you, USCIS assigns you the lowest wage level among those registrations.[3,5]
  3. Each person is entered once at Level I, twice at Level II, three times at Level III and four times at Level IV, and the selection is random within that weighted pool.[3,4]
  4. Each person still counts only once toward the cap, however many entries they have.[3,5]

If the offered wage is below OEWS Level I because it is based on another legitimate wage source, the employer must select Level I.[3,5]

The petition must match the selected registration, including the occupation code, and offer at least the prevailing wage for the registered level. The employer must include evidence of the basis for the wage level and of the passport used at registration.[3,22]

USCIS may deny or revoke a later petition that lowers the wage below the registered level to gain an unfair advantage in the selection.[3,5]

Cap petitions may be filed from April 1 for a start date of October 1 or later, no more than 6 months before the start date, during a filing period of at least 90 days shown on the selection notice.[4,22]

On July 17, 2026, USCIS announced it had received enough petitions to reach both FY 2027 caps.[23]

Cap-exempt employers

Petitions from these employers are not counted against the cap

  • Institutions of higher education.[1,5]
  • Nonprofits related to or affiliated with a university, including through a formal written affiliation agreement when a fundamental activity of the nonprofit directly contributes to the university's research or education mission.[5]
  • Nonprofit research organizations and governmental research organizations for which research is a fundamental activity.[5]

You can also be cap-exempt without being employed directly by such an institution if you spend at least half your work time performing duties at it that directly further its higher-education or research mission.[5]

Moving from cap-exempt to cap-subject employment requires a cap registration and selection. You can work concurrently for a cap-subject employer while your cap-exempt job continues.[1]

The $100,000 proclamation: where it stands on Oct. 12, 2026

  1. Sept. 19–21, 2025

    Proclamation 10973 restricted entry of new H-1B workers unless the petition is accompanied or supplemented by a $100,000 payment, effective 12:01 a.m. Eastern Daylight Time on September 21, 2025, for 12 months unless extended.[26]

  2. Who USCIS said must pay

    New petitions filed on or after that time for beneficiaries outside the U.S. without a valid H-1B visa, or petitions requesting consular, port-of-entry or pre-flight notification. It also applies if USCIS denies a requested change of status, amendment or extension, for example because the person left the U.S. before a decision.[1]

  3. Who USCIS said is not covered

    Petitions filed before September 21, 2025; previously issued, valid H-1B visas; and petitions for people inside the U.S. that are granted a change of status, amendment or extension, even if the person later travels and gets a visa on that approval.[1]

  4. Exceptions

    The Secretary of Homeland Security may grant national-interest exceptions, which USCIS describes as limited to "extraordinarily rare" circumstances.[1,7,26]

  5. June 8, 2026

    In State of California v. Mullin, the federal court in Massachusetts held the policy unlawful and vacated ten DHS and State Department actions implementing it — including USCIS's memo, its H-1B FAQ and webpage, the G-1055 fee schedule entry and the H-1B payment website — insofar as they impose the $100,000 payment.[6,27]

  6. July 24, 2026

    The First Circuit denied the government's request to pause that ruling during its appeal. USCIS says DHS disagrees but will comply with the order while it considers next steps, and plans to collect the payment if the order is later lifted.[1,28,29]

  7. Sept. 18, 2026

    Proclamation 11069 (signed September 18, published September 23, 2026) extended the restriction for 12 more months from 12:01 a.m. Eastern Daylight Time on September 21, 2026 — to September 21, 2027 unless extended again. It keeps the same national-interest exception.[7]

  8. Scope of the extension

    It says the restriction covers people who must seek admission to use an approved petition, including through consular or port-of-entry notification, pre-flight inspection or preclearance, and applies only to people who enter or try to enter after it took effect. The agencies must recommend, within 30 days after the next H-1B lottery, whether to extend it again.[7]

High confidence Courts have not all agreed: in a separate case brought by the U.S. Chamber of Commerce and the Association of American Universities, a federal court in Washington, D.C. entered final judgment for the government.[27]

The payment is tied to the employer's petition; under the proclamation, the employer must obtain and keep proof of payment before filing for a worker outside the U.S.[7,26]

How long you can stay

Admission is generally up to 3 years at a time, for a total of 6 years.[1,5]

Time spent outside the U.S. (more than 24 hours at a time) during H-1B validity can be recaptured and added back; the employer must request it and document the dates.[5]

After 6 years, you need one year physically outside the U.S. before a new H or L petition, unless an extension under the American Competitiveness in the Twenty-first Century Act (AC21) applies.[5]

AC21 section 106(a): if a PERM labor certification or an I-140 was filed for you at least 365 days earlier, extensions are available in 1-year increments.[1,5]

AC21 section 104(c): if you have an approved EB-1, EB-2 or EB-3 I-140 but a visa is unavailable because of per-country or worldwide limits, extensions are available in up to 3-year increments.[1,2,5]

If your I-94 expires while a timely filed extension is pending, you may keep working for the same employer for up to 240 days.[31]

If the employer dismisses you before your authorized stay ends, it must pay reasonable return transportation; this does not apply if you resign.[1,5]

Changing employers and job loss

You can start working for a new H-1B employer once it properly files a non-frivolous Form I-129 for you, or on the requested start date, whichever is later.[1,2,5]

Portability requires that you were lawfully admitted in or given H-1B status, that the new petition is filed before your authorized stay expires, and that you have not worked without authorization since your last admission.[5]

If the new petition is denied, the work authorization based on portability ends. You may return to the prior employer only if that earlier authorization is still valid.[1]

A material change with the same employer, including a move to a worksite that needs a new LCA, requires an amended or new petition filed before the change.[5]

After a layoff or resignation, current rules give up to 60 consecutive days, or until your I-94 ends if sooner, to find new status or leave. DHS proposed removing this grace period on September 11, 2026 (comments due November 10, 2026); it remains in effect for now.[1,32,33]

Cap-gap for F-1 students

If you are in F-1 status (including Optional Practical Training (OPT) or the STEM OPT extension for science, technology, engineering and math degrees) and your employer timely files a nonfrivolous cap-subject H-1B petition requesting a change of status and a start date in the fiscal year sought, your F-1 status and work authorization are automatically extended until April 1 of that fiscal year or the petition's start date, whichever is earlier.[34]

The extension ends if the petition is rejected, denied, revoked or withdrawn, or if the change-of-status request is denied or withdrawn — even if the petition is approved for consular processing.[34]

You must not have violated your F-1 status, and F-2 dependents are covered as well. The 2024 modernization rule moved the end date from October 1 to April 1.[14,34]

Spouse and children (H-4)

Your spouse and unmarried children under 21 can hold H-4 status for the same period as you.[1,5]

H-4 status does not include work authorization. An H-4 spouse may apply for an Employment Authorization Document (EAD) on Form I-765 only if you have an approved I-140 or have been granted H-1B time under AC21 sections 106(a) and (b), and must receive the EAD before starting work.[5,35]

For renewal applications filed on or after October 30, 2025, an H-4 EAD is no longer automatically extended while the renewal is pending; the EAD and the work authorization end the day after the card's end date. USCIS accepts renewals up to 180 days before the current EAD expires.[35,36]

On October 14, 2025, the Supreme Court declined to hear a challenge to the H-4 EAD rule (Save Jobs USA v. DHS), leaving the rule in place.[36,37]

H-4 extensions are filed on Form I-539. Premium processing is not offered for it, but an I-539 filed together with the H-1B petition is adjudicated at the same time.[9]

Fees

Current fees (check the official fee schedule before paying)
ItemAmountWho pays and when
Registration (cap cases only)$215 per registrationEmployer, at registration
Form I-129 (H-1B)$780 paper / $730 onlineEmployer
Form I-129, small employer or nonprofit$46025 or fewer full-time-equivalent U.S. employees, or a qualifying nonprofit
Asylum Program Fee$600 / $300 / $0Every I-129: regular / small employer / nonprofit
ACWIA training fee$1,500, or $750 with 25 or fewer full-time-equivalent U.S. employeesInitial petition, first extension by the same employer, change of employer. Exempt: institutions of higher education and their related or affiliated nonprofits, nonprofit or governmental research organizations, primary and secondary schools, and nonprofits that provide established curriculum-related clinical training to students registered at such an institution
Fraud Prevention and Detection Fee$500Initial H-1B grant or change of employer
9-11 Response and Biometric Entry-Exit Fee (Public Law 114-113)$4,000Employers with 50+ U.S. employees and more than 50% in H-1B or L status; since Sept. 9, 2026 also on extensions; petitions filed through Sept. 30, 2027; not for amendments without an extension
Form I-907 premium processing$2,965Optional
Form I-539 (H-4)$470 paper / $420 onlineDependents in the U.S.
Form I-765 (H-4 EAD)$520 paper / $470 onlineEligible H-4 spouses
$100,000 proclamation paymentListed by USCIS; its implementing guidance was vacated by a court on June 8, 2026See the proclamation section above
H visa application fee (consulate)$205Per applicant; a reciprocity fee may be added
Checked Nov 5, 2026[2,6,8,13,20,30,38,39]

A final rule effective September 9, 2026 requires covered employers to pay the 9-11 Biometric Fee on extension petitions too, including extensions with the same employer; before, it applied only where the fraud fee applied.[13,38]

A filing with an incorrect fee is rejected. Form I-129 for H-1B can be filed online.[30,40]

Premium processing

With Form I-907, USCIS must take action on an H-1B petition — approve, deny, or issue an RFE or Notice of Intent to Deny (NOID) — within 15 business days, or refund the $2,965 fee.[8,9]

For cap cases, premium processing does not improve your chances in the selection; it only speeds up the decision after filing.[9]

An RFE or NOID stops the clock; a new 15-business-day period starts when USCIS receives the response.[8]

Evidence to prepare

  • The DOL-certified LCA.[1]
  • Form I-129 with the H Classification Supplement and the H-1B Data Collection and Filing Fee Exemption Supplement.[4]
  • Cap cases: the selection notice, evidence of the passport used at registration, and evidence of the basis for the wage level selected.[3,22]
  • Your qualifications: degree and transcripts, evidence that a foreign degree is equivalent to a U.S. degree, a license if required, or evidence of experience equivalence.[5]
  • The job: duties and requirements showing a specialty occupation. If you will be staffed to a third party, that party's requirements matter most, and USCIS may ask for contracts or work orders.[5]
  • Extensions: evidence you maintained status, such as pay stubs, W-2s, quarterly wage reports, tax returns, contracts and work orders.[32]

Visa stamping abroad

After approval, a worker abroad applies for the H-1B visa at a U.S. embassy or consulate (if a visa is required) and then asks U.S. Customs and Border Protection (CBP) for admission.[1]

The State Department asks applicants to schedule nonimmigrant visa interviews in their country of residence or nationality.[41]

H-1B and H-4 applicants are instructed to set all social media accounts to "public" for vetting; AIT's notice was last updated September 18, 2026.[41]

A refusal under INA 221(g) means required information or documents were missing or another legal requirement was not met; the application can be reconsidered once you provide what was missing.[12]

Common mistakes

  • A job description or degree field that does not show a logical link between the degree and the duties.[5]
  • Selecting a wage level on the registration that the petition cannot support, or lowering the wage afterwards.[3]
  • Registering with passport details that are invalid, or different from the passport the person will use.[3,19]
  • Submitting more than one registration for the same person from the same employer; all of them are invalidated.[19]
  • Missing the filing window printed on the selection notice.[22]
  • Moving to a worksite that needs a new LCA without an amended petition filed first.[5]
  • Starting work for a new employer before its petition is filed.[1,5]
  • Filing without all required initial evidence: since August 5, 2026, USCIS may deny without first sending an RFE.[42,43]
  • H-4 spouses letting an EAD lapse, since renewals filed on or after October 30, 2025 get no automatic extension.[36]
  • Using an old I-129 edition: filings postmarked or submitted on or after November 9, 2026 must use the 09/09/26 edition.[11]

Common RFE topics

Patterns based on the rules USCIS applies, not a prediction for any case.

  • Interpretation Specialty occupation: whether the job truly requires a degree in a directly related specific specialty. RFEs often ask for detailed duties, industry evidence or the employer's hiring history for the role.[5,14]
  • Interpretation Bona fide job offer and the employer relationship: whether real work exists as of the start date and, for third-party placements, contracts or work orders showing the actual duties and degree requirements.[5]
  • Interpretation Degree field: how your specific degree connects logically to the duties, especially for broad or interdisciplinary degrees.[1,5]
  • Interpretation Your qualifications: foreign degree equivalency, or experience evidence meeting the three-for-one standard with recognition of expertise.[5]
  • Maintenance of status: pay records and other proof that you kept your prior status, which the regulation requires with every extension or amendment.[32]
  • High confidence Worksites: the 2024 rule removed the H itinerary requirement, but USCIS may verify worksites, including third-party sites, through inspections, and may ask for contracts or work orders.[5,14]
  • Interpretation Cap cases: evidence supporting the wage level selected on the registration.[3]

After filing

  1. LCA certified

    DOL decides the LCA within 7 working days of receipt; the certified LCA is filed with the I-129.[1,15]

  2. I-129 filed

    USCIS issues a receipt notice. If you are changing employers under portability, you may start with the new employer on filing or on the start date, whichever is later.[1,4]

  3. Review and possible site visit

    USCIS may verify the petition through inspections, including visits to the employer's or a third party's sites and interviews; failure to cooperate can lead to denial or revocation.[5]

  4. Decision

    USCIS may approve, issue an RFE or NOID, or deny. For an extension involving the same parties and facts, it gives deference to the prior approval unless there was a material error, a material change or new adverse information.[32,43]

  5. Visa and entry

    A worker abroad applies for the visa and then asks CBP for admission.[1]

If you get an RFE or NOID

USCIS sets the RFE deadline, up to 12 weeks (84 days); a NOID allows up to 30 days. If the notice is mailed, 3 days are added. USCIS cannot grant extra time.[42,43,44]

Send everything together in one response. USCIS treats a partial response as a request for a decision on the record, and a missed deadline can lead to denial as abandoned, on the record, or both.[43]

With premium processing, a new 15-business-day period starts when USCIS receives the response.[8]

A denied petition can generally be appealed or challenged by motion on Form I-290B within 30 days (33 if the decision was mailed); a denied extension of stay itself cannot be appealed.[32,45]

Official statistics

Official USCIS statistics

Official

Decision approval rate · FY2025

97.9%

Approved 406,349 · Denied 8,926

▼ 0.1 pts vs. same period a year earlier (FY2024: 98.0%)

H-1B · Decision approval rate
0%25%50%75%100%2017201920212023202597.9%
H-1B · Approved / Denied
ApprovedDenied
0250k500k20172019202120232025

Approved ÷ (approved + denied) in the same period. Pending cases are not counted. Decisions in a quarter can come from petitions filed earlier, so this is the share of decisions that were approvals — not the chance that a petition filed today will be approved.

Official

Source: Nonimmigrant Worker Petitions by Case Status and Request for Evidence (RFE) (Fiscal Year 2024, Quarter 4) · Published Dec 16, 2024 · Retrieved Sep 27, 2026

Source: Nonimmigrant Worker Petitions by Case Status and Request for Evidence (RFE) (Fiscal Year 2025, Quarter 4) · Published Mar 24, 2026 · Retrieved Sep 27, 2026

Processing time

USCIS published processing time

Official

Median from USCIS's quarterly report

  • I-129 · FY2026 Q3 · all offices9.5 months

    All I-129 categories combined; the report does not split I-129 by category.

Half of the cases USCIS completed in that quarter took this long or less, from receipt to decision. Half took longer. The report does not say whether premium-processing cases are included. It is a different measure from the processing-times tool, so the two are not compared.

For the current figure for your form and office, check USCIS directly: USCIS processing times

Official

Source: All USCIS Application and Petition Form Types (Fiscal Year 2026, Quarter 3) · Retrieved Sep 27, 2026

Recent policy changes

  • January 17, 2025: the H-1B modernization rule took effect ("directly related" specialty, deference, maintenance-of-status evidence, cap-exemption changes, beneficiary-owners, site visits, cap-gap to April 1).[14]
  • February 27, 2026: the weighted selection rule took effect and was used for the FY 2027 cap season.[3,7]
  • March 1, 2026: premium processing for H-1B rose to $2,965.[8,10]
  • June 8 and July 24, 2026: a federal court vacated the $100,000 payment guidance, and the First Circuit refused to pause that ruling; the appeal continues.[1,6,28]
  • August 5, 2026: USCIS may deny without an RFE or NOID when required initial evidence is missing.[42]
  • August 25, 2026 (proposed): a $103,265 fee on all cap-subject petitions.[24]
  • September 9, 2026: the 9-11 Biometric Fee ($4,000 for H-1B) now also applies to covered employers' extensions.[13]
  • September 11, 2026 (proposed): removal of the up-to-60-day grace period after employment ends.[33]
  • September 18, 2026 (published September 23): Proclamation 11069 extended the $100,000 entry restriction to September 21, 2027, and Executive Order 14431 added layoff considerations for LCAs, petitions, visas and entry.[7,18]
  • October 7, 2026: USCIS changed the mailing addresses for paper Form I-129 petitions. Petitions sent to a previous address are accepted if postmarked on or before November 9, 2026.[11]

Recent policy changes

Official

Updates

Ask WELIVEINUSA Visa

Ask WELIVEINUSA Visa

Answers come from our sourced database and your own timeline, sorted into fact, public data, inference and unknown. No AI model is used in this version, so questions outside what we cover get an honest "not covered".

Questions people ask

Do I have to pay the $100,000?

High confidence The payment is made by the petitioning employer through pay.gov before filing, not at the consulate. Under USCIS's 2025 guidance it applied mainly to new petitions for people outside the U.S. without a valid H-1B visa. A court vacated that guidance on June 8, 2026, the First Circuit refused to pause the ruling on July 24, 2026, and on September 18, 2026 the President extended the proclamation to September 21, 2027. Check USCIS's H-1B page before filing.[1,6,7,26,28]

How does the weighted selection work?

The employer selects the highest OEWS wage level your offered wage meets. You are entered once at Level I, twice at Level II, three times at Level III and four times at Level IV, and USCIS selects randomly from that pool. If several employers register you, the lowest level among them is used.[3,4]

How much is the registration fee?

$215 per registration, paid by the employer when it registers you.[19,20]

Can I change employers?

Yes. You can start working for the new employer once it files a non-frivolous H-1B petition for you, or on the requested start date if later, as long as you were lawfully admitted, the petition is filed before your stay expires, and you have not worked without authorization.[1,5]

What happens if I'm laid off?

Current rules allow up to 60 consecutive days, or until your I-94 ends if sooner, to find a new employer, change status or leave. If you are dismissed, the employer owes reasonable return transportation. DHS has proposed removing the 60-day grace period; it is not yet final.[1,5,32,33]

Can my H-4 spouse work?

High confidence Only with an H-4 EAD, which requires that you have an approved I-140 or have been granted H-1B time under AC21 sections 106(a) and (b). Renewals filed on or after October 30, 2025 are not automatically extended, so plan renewals early.[5,35,36]

How long can I stay in H-1B?

Generally 6 years, in periods of up to 3 years. Time abroad can be recaptured, and AC21 allows extensions beyond 6 years once a PERM or I-140 has been pending 365 days, or with an approved I-140 when a visa is unavailable.[1,5]

What is cap-gap?

For F-1 students, a timely filed cap-subject change-of-status petition automatically extends F-1 status and OPT work authorization until April 1 of the fiscal year or the petition's start date, whichever is earlier.[34]

Is my employer cap-exempt?

Universities, their related or affiliated nonprofits, and nonprofit or governmental research organizations are cap-exempt. You can also be exempt if you spend at least half your time working at such an institution on duties that further its mission.[1,5]

Can my own company sponsor me?

Yes, if the company is a U.S. employer with a bona fide job offer. If you own more than 50% or have majority voting rights, you must do specialty-occupation work most of the time, and the first petition and first extension are each limited to 18 months.[1,5]

Does premium processing help in the lottery?

No. It only speeds up the decision after the petition is filed.[9]

Is the $103,265 fee in effect?

No. It is a DHS proposal published August 25, 2026, with comments closed September 24, 2026. It would apply to cap-subject petitions only, in addition to other fees and any proclamation payment.[24]

Related categories

Content last reviewed: Sep 27, 2026 · General information, not legal advice.

Sources

  1. 1.H-1B Specialty Occupations - USCISUSCIS · Agency page · Checked Sep 27, 2026
  2. 2.8 U.S.C. 1184 (INA 214) - Admission of nonimmigrantsU.S. House of Representatives, Office of the Law Revision Counsel · Statute · Checked Sep 27, 2026
  3. 3.Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions - final rule (90 FR 60864)DHS (Federal Register) · Federal Register · Published Dec 29, 2025 · Checked Sep 27, 2026
  4. 4.H-1B Cap Season - USCISUSCIS · Agency page · Checked Sep 27, 2026
  5. 5.8 CFR 214.2(h) - Temporary employees (H-1B)eCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  6. 6.State of California v. Mullin, No. 1:25-cv-13829 (D. Mass.) - Judgment (Doc. 107), June 8, 2026U.S. District Court for the District of Massachusetts (copy via CourtListener RECAP) · Court · Published Jun 8, 2026 · Checked Sep 27, 2026
  7. 7.Proclamation 11069 - Restriction on Entry of Certain Nonimmigrant Workers (91 FR 60497)Executive Office of the President (Federal Register) · Federal Register · Published Sep 23, 2026 · Checked Sep 27, 2026
  8. 8.8 CFR 106.4 - Premium processing serviceeCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  9. 9.How Do I Request Premium Processing? - USCISUSCIS · Agency page · Checked Sep 27, 2026
  10. 10.Adjustment to Premium Processing Fees - final rule (91 FR 1059)DHS (Federal Register) · Federal Register · Published Jan 12, 2026 · Checked Sep 27, 2026
  11. 11.I-129, Petition for a Nonimmigrant Worker - USCISUSCIS · Form / instructions · Checked Oct 12, 2026
  12. 12.9 FAM 302.1 - Ineligibility based on inadequate documentation (INA 214(b), 221(g))U.S. Department of State (Foreign Affairs Manual) · USCIS Policy Manual · Checked Sep 27, 2026
  13. 13.9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Visas - final rule (91 FR 51360)DHS (Federal Register) · Federal Register · Published Aug 10, 2026 · Checked Sep 27, 2026
  14. 14.Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements - final rule (89 FR 103054)DHS (Federal Register) · Federal Register · Published Dec 18, 2024 · Checked Sep 27, 2026
  15. 15.20 CFR 655.740 - DOL action on labor condition applicationseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  16. 16.20 CFR 655.731 - LCA wage requirementeCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  17. 17.Improving Wage Protections for the Temporary and Permanent Employment of Certain Foreign Nationals - DOL proposed rule (91 FR 15454)Department of Labor (Federal Register) · Federal Register · Published Mar 27, 2026 · Checked Sep 27, 2026
  18. 18.Executive Order 14431 - Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Program (91 FR 60501)Executive Office of the President (Federal Register) · Federal Register · Published Sep 23, 2026 · Checked Sep 27, 2026
  19. 19.H-1B Electronic Registration Process - USCISUSCIS · Agency page · Checked Sep 27, 2026
  20. 20.8 CFR 106.2 - USCIS feeseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  21. 21.FY 2027 H-1B Cap Initial Registration Period Opens on March 4 - USCISUSCIS · Agency page · Published Jan 30, 2026 · Checked Sep 27, 2026
  22. 22.FY 2027 H-1B Initial Registration Selection Process Completed - USCISUSCIS · Agency page · Published Mar 31, 2026 · Checked Sep 27, 2026
  23. 23.USCIS Reaches Fiscal Year 2027 H-1B CapUSCIS · Agency page · Published Jul 17, 2026 · Checked Sep 27, 2026
  24. 24.Fee for Certain H-1B Petitions - proposed rule (91 FR 54817)DHS (Federal Register) · Federal Register · Published Aug 25, 2026 · Checked Sep 27, 2026
  25. 25.DHS Proposes Additional H-1B Fee - USCIS news releaseUSCIS · Agency page · Published Aug 24, 2026 · Checked Sep 27, 2026
  26. 26.Proclamation 10973 - Restriction on Entry of Certain Nonimmigrant Workers (90 FR 46027)Executive Office of the President (Federal Register) · Federal Register · Published Sep 24, 2025 · Checked Sep 27, 2026
  27. 27.State of California v. Mullin, No. 1:25-cv-13829 (D. Mass.) - Memorandum and Order (Doc. 106), June 8, 2026U.S. District Court for the District of Massachusetts (copy via CourtListener RECAP) · Court · Published Jun 8, 2026 · Checked Sep 27, 2026
  28. 28.State of California v. Mullin, No. 26-1699 (1st Cir.) - Order denying stay pending appeal, July 24, 2026U.S. Court of Appeals for the First Circuit · Court · Published Jul 24, 2026 · Checked Sep 27, 2026
  29. 29.Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant Workers - USCIS alertUSCIS · Agency page · Published Oct 20, 2025 · Checked Sep 27, 2026
  30. 30.Fee Schedule (Form G-1055) - USCISUSCIS · Form / instructions · Checked Oct 12, 2026
  31. 31.8 CFR 274a.12 - Classes of aliens authorized to accept employmenteCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  32. 32.8 CFR 214.1 - Requirements for admission, extension, and maintenance of statuseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  33. 33.Eliminating the Discretionary 60-Day Grace Period - proposed rule (91 FR 57807)DHS (Federal Register) · Federal Register · Published Sep 11, 2026 · Checked Sep 27, 2026
  34. 34.8 CFR 214.2(f)(5)(vii) - F-1 cap-gap extensioneCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  35. 35.Employment Authorization for Certain H-4 Dependent Spouses - USCISUSCIS · Agency page · Checked Sep 27, 2026
  36. 36.Removal of the Automatic Extension of Employment Authorization Documents - interim final rule (90 FR 48799)DHS (Federal Register) · Federal Register · Published Oct 30, 2025 · Checked Sep 27, 2026
  37. 37.Save Jobs USA v. DHS, No. 24-923 - Supreme Court docket (certiorari denied Oct. 14, 2025)Supreme Court of the United States · Court · Checked Sep 27, 2026
  38. 38.H and L Filing Fees for Form I-129 - USCISUSCIS · Agency page · Checked Sep 27, 2026
  39. 39.22 CFR 22.1 - Schedule of fees for consular services (Department of State)eCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  40. 40.Forms Available to File Online - USCISUSCIS · Agency page · Checked Oct 12, 2026
  41. 41.Visa Important Notices - American Institute in TaiwanAmerican Institute in Taiwan (AIT) · Agency page · Checked Sep 27, 2026
  42. 42.Policy Alert PA-2026-05: Evidence, Requests for Evidence, and Notices of Intent to DenyUSCIS · USCIS Policy Manual · Published Aug 5, 2026 · Checked Sep 27, 2026
  43. 43.USCIS Policy Manual, Volume 1, Part E, Chapter 6 - EvidenceUSCIS · USCIS Policy Manual · Checked Sep 27, 2026
  44. 44.8 CFR 103.2 - Submission and adjudication of benefit requestseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  45. 45.I-290B, Notice of Appeal or Motion - USCISUSCIS · Form / instructions · Checked Oct 12, 2026