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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.

Mar07
Registration Opens
Noon Eastern Time
Mar24
Registration Closes
Noon Eastern Time
Mar31
Notifications Sent
Selection Results Released
New Rule

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.

Fee Update

Registration Cost

$10
$215

Employer pays this fee per registration.

2The Cap & Exemptions

Regular Cap

65,000

Available to all bachelor's degree holders.

Master's Cap

20,000

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

Higher Education
Non-Profit Research
Gov Research Labs

*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.

Level 1 (Entry)
17th %
Level 2 (Qualified)
34th %
Level 3 (Experienced)
50th %
Level 4 (Expert)
67th %

Employer Responsibility

Legal FeesACWIA TrainingFraud Fees$215 Registration

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.

• No Unpaid Leave• No Furloughs• Full Salary Required

4Mobility & Travel

Portability

Job hopping is allowed.

Start Date: Immediately upon new employer filing the petition. No need to wait for approval.

Concurrent H-1B

Two jobs at once?

Allowed. Both employers must file petitions. You can work Part-Time for Employer B while Full-Time for Employer A.

60-Day Grace

Layoff protection.

You have 60 consecutive days (or until I-94 expiry) to find a new job or file COS. No work allowed during grace.

Travel Risks

Leaving the US always carries risk. "Administrative Processing" (221g) can delay visa stamping for months.

Carry PaystubsCarry Employer Letter

COS vs Consular

Change of StatusSeamless Oct 1 Start
No travel needed
Consular ProcessMust get Visa Stamp
Can get stuck abroad

5Time Management

The 6-Year Clock

Start Date
H-1B Activated
3 Years
Initial Approval Ends. Must File Extension.
6 Years (Hard Limit)
Max Physical Presence Reached.
Recapture Time

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.

The Golden Ticket
Approved I-140

Allows tailored H-1B extensions in 3-year increments indefinitely until your Priority Date is current.

Cap-Gap Relief

Filing H-1B before OPT expires = Automatic extension to Sept 30.

6Compliance

FDNS Site Visits

USCIS officers will physically visit your office to verify you are sitting at your desk.

Public Access File

Your employer must keep a file with your LCA and wage info, open to the public.

Dual Intent

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)

Eligibility
H-1B Spouse must have Approved I-140 or be >6th year.
Fee
$520
Freedom
Open Mkt
H-4 holders can study Full-Time/Part-Time.

8Advanced Strategy

21

Premium Processing

$2,805

The "Fast Track" fee.

15-Day Guarantee

USCIS must adjudicate within 15 calendar days or refund the fee.

22

Specialty Occupation

The core requirement.

Job requires Bachelor's
Degree matches Job Duty
Warning: Generic degrees like "Business Admin" often receive RFEs. Specialization is key.
23

Common RFEs

Request for Evidence.

  • VIBE: Address validation issues.
  • Right to Control: Clarifying employer-employee relationship (Consultancies).
  • Status: CPT/OPT gaps.

Official Sources Verified as of 14th January 2026

Visa rules are complex. Our job search strategy isn't.

We help international students and professionals secure H-1B/OPT roles using reverse recruiting.