United States · Work
United States H-1B Specialty occupation
First stay: 3 yrs
H-1B Specialty Occupation worker
Checked against official sources on Change log
Key facts
H-1B Specialty occupation is a work route for United States. Checked 2026-10-12 against the official source.
- Government fees
- $215 · +2 more
- First stay
- 3 yrs
Cost, time and long term
Government fees$215 · +2 more
- $215H-1B registration fee per beneficiary, paid by the employer that registers.
- $780Form I-129 for H-1B, paid by the employer (USD 730 filed online; USD 460 for small employers and nonprofits), plus USD 600 Asylum Program Fee (USD 300 small employer, USD 0 nonprofit), USD 500 fraud prevention fee for initial approvals or change of employer, and ACWIA fee of USD 1,500 or USD 750 by employer size.
- $100,000Payment under the Sept. 19, 2025 proclamation for certain petitions for beneficiaries outside the United States; on June 8, 2026 a federal court vacated the agency guidance implementing it, the First Circuit denied a stay on July 24, 2026 and DHS states it complies with the order while considering next steps and plans to collect the payment if the order is lifted.
RenewalRenewable, 6 years max
Admission is for up to 3 years and can be extended by up to 3 years, 6 years in total. Extensions beyond year six are possible if an immigrant petition or labour certification is in progress.
CitizenshipTime here doesn't count
Naturalisation requires years of lawful permanent resident status (5 years, or 3 if married to a U.S. citizen), so time in this temporary status does not count toward it.
Why this route may not fit
Check this before you apply.
- Time on this route is capped at 6 years in total
- Time on this route doesn't count toward citizenship
- Needs a job offer from an employer in United States
What you'll need
Who can apply2
- The position must require a bachelor's or higher degree in a directly related specialty.
- The worker must hold the degree, an equivalent foreign degree, an unrestricted licence or equivalent experience.
What you must show3
- The employer must pay the higher of the actual wage or the prevailing wage.
- Employers with 50 or more U.S. employees, of whom more than 50% are in H-1B, L-1A or L-1B status, pay an extra USD 4,000 for petitions filed on or before Sept. 30, 2027.
- Premium processing is available for USD 2,965.
Documents1
- The employer files a certified Labor Condition Application with the Department of Labor.
Steps3
- The employer files Form I-129 with USCIS.
- Cap-subject petitions need a valid selected electronic registration (typically March) and a start date of Oct. 1 or later.
- Cap-exempt: U.S. master's graduates (20,000 additional), higher-education institutions and affiliated nonprofits, nonprofit and government research organisations.
When you become tax resident
How United States decides tax residence and treats foreign-source income, from its tax records.
- Stay on this route
Up to 6 years in total
- Tax residence
- At least 31 days in the current calendar yearMinimum days of presence in the current year.
- At least 183 days in the current year plus two preceding years (weighted 1, 1/3, 1/6)Weighted days of presence over the three-year period.
- Foreign-source income
U.S. citizens and resident aliens are taxed on worldwide income at the graduated rates that apply to citizens; non-residents are taxed on U.S.-source income under Form 1040-NR rules.
All tax rules for United States Tax records checked
Full official text
Employer-sponsored nonimmigrant status for specialty occupations requiring at least a bachelor's degree, subject to an annual cap of 65,000 plus 20,000 for U.S. master's graduates, with electronic registration. 1 2
What you must show and pay
- A fee of $215 · H-1B registration fee per beneficiary, paid by the employer that registers. 2
- A fee of $780 · Form I-129 for H-1B, paid by the employer (USD 730 filed online; USD 460 for small employers and nonprofits), plus USD 600 Asylum Program Fee (USD 300 small employer, USD 0 nonprofit), USD 500 fraud prevention fee for initial approvals or change of employer, and ACWIA fee of USD 1,500 or USD 750 by employer size. 2
- A fee of $100,000 · Payment under the Sept. 19, 2025 proclamation for certain petitions for beneficiaries outside the United States; on June 8, 2026 a federal court vacated the agency guidance implementing it, the First Circuit denied a stay on July 24, 2026 and DHS states it complies with the order while considering next steps and plans to collect the payment if the order is lifted. 1
Requirements
- The position must require a bachelor's or higher degree in a directly related specialty. 1
- The worker must hold the degree, an equivalent foreign degree, an unrestricted licence or equivalent experience. 1
- The employer must pay the higher of the actual wage or the prevailing wage. 1
- Employers with 50 or more U.S. employees, of whom more than 50% are in H-1B, L-1A or L-1B status, pay an extra USD 4,000 for petitions filed on or before Sept. 30, 2027. 2
- Premium processing is available for USD 2,965. 2
- The employer files a certified Labor Condition Application with the Department of Labor. 1
- The employer files Form I-129 with USCIS. 1
- Cap-subject petitions need a valid selected electronic registration (typically March) and a start date of Oct. 1 or later. 1
- Cap-exempt: U.S. master's graduates (20,000 additional), higher-education institutions and affiliated nonprofits, nonprofit and government research organisations. 1
Stay
- Admission up to 3 years, extendable by up to 3 years for a 6-year total; extensions beyond year six are possible with a pending or approved immigrant petition. Owners with a controlling interest get approvals of up to 18 months.
- First stay: up to 36 months, decided case by case.
- Renewable, subject to the conditions in force at renewal.
Nationality
No nationality restriction; the visa itself is applied for at a consulate after petition approval.
Work
Authorised to work for the petitioning employer; portability allows work for a new employer once a non-frivolous petition is filed; up to 60 days grace after employment ends.
Family
Spouse and unmarried children under 21 may seek H-4; certain H-4 spouses can apply for work authorisation once the H-1B holder has started the permanent-residence process.
Official sources
- H-1B Specialty Occupations · U.S. Citizenship and Immigration Services · checked 2026-10-10 · published 2026-09-21
- Form G-1055, Fee Schedule (edition 10/07/26) · U.S. Citizenship and Immigration Services · checked 2026-10-12 · published 2026-10-07
- USCIS Policy Manual, Volume 12, Part D, Chapter 2: Lawful permanent resident admission for naturalization · U.S. Citizenship and Immigration Services · checked 2026-10-11
- I am married to a U.S. citizen (naturalization) · U.S. Citizenship and Immigration Services · checked 2026-10-11
H-1B Specialty occupation and its alternatives
| Route | Money needed | Stay | Work |
|---|---|---|---|
| H-1B Specialty occupation | – | 3 yr, renewable | – |
| E-3 Australian specialty | – | 2 yr, renewable | – |
| EB-1B Outstanding researcher | – | – | – |
| EB-1C Multinational manager | – | – | – |
| EB-2 Advanced degree | – | – | – |
Questions people ask
How much money do I need for the H-1B Specialty occupation?
A fee of $215. H-1B registration fee per beneficiary, paid by the employer that registers. A fee of $780. Form I-129 for H-1B, paid by the employer (USD 730 filed online; USD 460 for small employers and nonprofits), plus USD 600 Asylum Program Fee (USD 300 small employer, USD 0 nonprofit), USD 500 fraud prevention fee for initial approvals or change of employer, and ACWIA fee of USD 1,500 or USD 750 by employer size. A fee of $100,000. Payment under the Sept.
How long can I stay on the H-1B Specialty occupation?
Admission up to 3 years, extendable by up to 3 years for a 6-year total; extensions beyond year six are possible with a pending or approved immigrant petition.
Can I work on the H-1B Specialty occupation?
Authorised to work for the petitioning employer; portability allows work for a new employer once a non-frivolous petition is filed; up to 60 days grace after employment ends.
Can I bring my family on the H-1B Specialty occupation?
Spouse and unmarried children under 21 may seek H-4; certain H-4 spouses can apply for work authorisation once the H-1B holder has started the permanent-residence process.
How are H-1B Specialty occupation holders taxed in United States?
No special regime in our records is tied to the H-1B Specialty occupation. The standard rules apply: U.S. citizens and resident aliens are taxed on worldwide income at the graduated rates that apply to citizens; non-residents are taxed on U.S.-source income under Form 1040-NR rules.
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≈ USD figures are approximate: daily reference rates from ExchangeRate-API, dated 12 Oct 2026, refreshed when the site is updated.
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How this was checked
Checked on 2026-10-12 against 4 official sources. Status: verified against the official sources.
Every figure on this page comes from the official source it links to. The record was researched against these sources, then reviewed separately, with special attention to effective dates and amendments. Where a source does not state something, the page leaves it out.
- H-1B Specialty Occupations · U.S. Citizenship and Immigration Services · checked 2026-10-10
- Form G-1055, Fee Schedule (edition 10/07/26) · U.S. Citizenship and Immigration Services · checked 2026-10-12
- USCIS Policy Manual, Volume 12, Part D, Chapter 2: Lawful permanent resident admission for naturalization · U.S. Citizenship and Immigration Services · checked 2026-10-11
- I am married to a U.S. citizen (naturalization) · U.S. Citizenship and Immigration Services · checked 2026-10-11
Tracked since 2026-10-10. Rule changes and corrections are listed on the changes page, and the methodology page explains how facts are checked. Found something out of date? Email contact@stayglobe.app with a link to the official source.