H-1B | Temporary Specialty Worker

Form H-1B, Application for Temporary Specialty Workers, is a nonimmigrant visa for people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.

Below, we outline the documents you’ll need and the qualifications you need to fulfill, as well as some common questions and answers.

Qualifications

  • A valid job offer from a U.S. employer
  • The position qualifies as a specialty occupation:
  • Theoretical and practical application of a body of highly specialized knowledge
  • Bachelor's or higher degree or its equivalent is normally the minimum entry requirement for the particular position
  • The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, the job is so complex or unique that it can be performed only by an individual with a degree
  • The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor's or higher degree
  • A bachelor's degree (or a foreign equivalent) or higher
  • Required licensing, registration, training, or certification to fully practice occupations

What You'll Need

  • Passport
  • Proof of prior employment
  • Proof of existing certifications or accomplishments
  • Letter from registrar to certify completion of educational credits
  • Copy of educational or technical degrees
  • Copy of transcripts
  • Letter from the present employer
  • Labor Condition Application (LCA)
  • Complete the Petition for a Nonimmigrant Worker (Form I-129)
  • Additional documents are required, depending on the employer
    Additional documents are required, depending on the employer

Questions? Contact us.

Whatever your immigration issue may be, we are here to help. Our team of attorneys and staff work hard to help you reach your goals.

FAQs

Is there a fee to file the H-1B?

Yes, a variety of fees may be required, depending on the filing.

Before the H-1B petition can be filed, your immigration attorney will determine the appropriate USCIS filing fee. The H-1B fees vary depending on petition type and company size.

For H-1B new (cap or cap-exempt) and transfer cases, the base fee of $460, an anti-fraud fee of $500, and the American Competitiveness and Workforce Improvement Act (ACWIA) fee of $750 if the company has 25 or less employees, $1,500 if they have 26 or more employees, must be paid. There is an additional $4,000 public law fee for any employer with 50 or more employees, if 50% or more of the employees are on H-1B.

A breakdown of the fees is provided below:

H-1B New (Cap or Cap Exempt) & H-1B Transfer Cases
25 or Less Employees$1,710 ($500 + $460 + $750)
26 or More Employees$2,460 ($500 + $460 + $1,500)
50 or More Employees, with 50% On H-1B$6,460 ($500 + $460 + $1,500 + $4,000)
H-1B Extension Cases or H-1B Amendments + Extension (if first extension)
25 or Less Employees$1,210 ($460 + $750)
26 or More Employees$1,960 ($460 + $1,500)
H-1B Amendment & H-1B Second/Subsequent Extensions
All Cases (Regardless of Employee Number)$460
 
How can I file my H-1B form?

The initial registration process is available online. This first step requires minimal information. Each submission will be notified if the filing is Selected, Not Selected, Denied, or Invalidated – Failed Payment.

The online registration process includes the following benefits:

  • Pay your filing fee online
  • Check the status of your case
  • Receive notifications and case updates
  • View personalized case completion date estimates
  • Respond to requests for evidence
  • Manage your contact information, including updating your address

You can create an account to file online. You can also mail your form to your region’s designated USCIS office.

If Selected, filing documents are submitted through a hard copy, paper, sent to a designated processing center noted in the USCIS registration portal.

You may be represented, at no expense to the U.S. government, by an attorney or other duly authorized representative. Your representative must submit Form G-28, Notice of Entry or Appearance as Attorney or Representative. Your representative may also submit Form G-28 at the time of your interview.

Why should I work with ImmigrationUSA?

Immigration issues can be quite complicated. Combine that with the current rate of change in U.S. policies, it can be hard to keep up. Our team puts their experience to work for you and your particular situation. We work hard to stay on top of policy changes and are prepared for changes down the line. We offer patented online software, MyEsq, that streamlines the filing process and makes our knowledgeable team of lawyers just a click away.

Latest News

Stay up-to-date on the latest developments in U.S. Immigration.

Plans are in process for a mass deportation program, according to Tom Homan, who has been chosen by President-elect Trump to serve as Border Czar.

Asylum officers will now have the power to decide if migrants are not allowed to apply for asylum due to public safety or national security reasons, according to the Department of Homeland Security (DHS).

The Citizenship and Immigration Services Ombudsman (CIS Ombudsman) made a formal recommendation to improve the process for filing Form I-130, Petition for Alien Relative, which is used for family-based immigration petitions.

The H-1B visa changes, first proposed in late 2023, are now finalized. The U.S. Department of Homeland Security (DHS) announced the rule in the Federal Register.