H-1B Specialty Occupation
The regulatory standard for professional work authorization. A 20-point master guide to the lottery, cap, wages, and beyond.
Not Legal Advice
This content is for informational purposes only. Immigration rules are subject to change. Always consult a qualified immigration attorney.
1The Lottery Protocol
FY 2026 Season
Official registration window for the upcoming fiscal year.
Beneficiary Centric
Selection is now based on the individual passport, not the number of registrations. Getting 5 job offers does not increase your lottery odds. 1 Person = 1 Ticket.
Registration Cost
Employer pays this fee per registration.
2The Cap & Exemptions
Regular Cap
Available to all bachelor's degree holders.
Master's Cap
Reserved for US advanced degree holders (Accredited Non-Profit).
The Advantage
Master's candidates get two chances. First, they are run in the Regular Cap (65k). If not selected, they strictly enter the Master's Cap (20k).
Cap-Exempt Organizations
*These employers can file for H-1B at any time of year without going through the lottery.
3Wages & Financials
Wage Levels
Minimum salary based on DOL percentile for your role & geo-location.
Employer Responsibility
Strict liability: It is illegal to deduct these from employee salary.
Employee Can Pay
- Premium Processing (Only if for personal benefit)
- H-4 Dependent Filing Fees
The "No-Bench" Rule
Employers generally cannot stop paying you due to "lack of work" or "bench time". If you are ready and willing to work, you must be paid your full LCA wage.
4Mobility & Travel
Portability
Job hopping is allowed.
Concurrent H-1B
Two jobs at once?
60-Day Grace
Layoff protection.
Travel Risks
Leaving the US always carries risk. "Administrative Processing" (221g) can delay visa stamping for months.
COS vs Consular
No travel needed
Can get stuck abroad
5Time Management
The 6-Year Clock
Every 24 hours spent outside the US can be "recaptured" to extend your 6-year limit. Track your travel dates!
The Green Card Bridge
How to stay beyond 6 years? File for Permanent Residency.
Allows tailored H-1B extensions in 3-year increments indefinitely until your Priority Date is current.
Filing H-1B before OPT expires = Automatic extension to Sept 30.
6Compliance
USCIS officers will physically visit your office to verify you are sitting at your desk.
Your employer must keep a file with your LCA and wage info, open to the public.
You are allowed to intend to immigrate. Filing for a Green Card does not hurt your H-1B status.
7Dependents (H-4)
H-4 Work Permit (EAD)
8Advanced Strategy
Premium Processing
The "Fast Track" fee.
USCIS must adjudicate within 15 calendar days or refund the fee.
Specialty Occupation
The core requirement.
Common RFEs
Request for Evidence.
- VIBE: Address validation issues.
- Right to Control: Clarifying employer-employee relationship (Consultancies).
- Status: CPT/OPT gaps.