H-1B specialty occupations · Employers and workers
An H-1B is won on the job description, the wage, and the timing.
We handle H-1B registrations, petitions, transfers, and extensions for employers of every size and for the professionals they hire, from the job description through the approval notice.
The H-1B lottery is no longer equal. Since 2026, USCIS enters each person in the selection pool one to four times based on the wage level of the offered job, so the wage level now shapes the odds.
What the law requires
Three questions decide an H-1B.
Company size is not one of them. A small employer and a large one answer the same questions; the small one usually has to document its answers more carefully.
Is it a specialty occupation?
The position must normally require at least a bachelor's degree in a directly related, specific field. A degree in a general field rarely carries the petition on its own; the duties have to show why that specific degree is needed.
Is there a real job at a proper wage?
Before filing, the employer obtains a certified Labor Condition Application and promises to pay the higher of the actual wage for similar workers or the area's prevailing wage, and to give notice at the worksite.
Is the job subject to the cap?
Most first-time H-1Bs count against an annual cap of 65,000, plus 20,000 for people with a U.S. master's or higher degree. Universities, their affiliated nonprofits, and nonprofit or government research organizations are exempt and can file at any time.
Cap-subject cases
The lottery now rewards the wage level.
Registration is short and early in the year. What you enter on the registration has to match the petition you file later, so the position is built before registration opens.
- 01
The position is defined.
Duties, the required degree, the occupational classification, the worksite, and the wage are settled first. The wage level has to honestly fit the job's duties and requirements.
- 02
The employer registers.
During the registration period USCIS announces, the employer submits an electronic registration with the beneficiary's passport information, the occupational code, and the highest wage level the offered wage meets.
- 03
USCIS runs a weighted selection.
Each person is counted once, assigned the lowest wage level among the registrations filed for them, and entered four times at Level IV, three at Level III, two at Level II, and once at Level I.
- 04
A selected registration becomes a petition.
The petition must match the registration, including the occupational code and a wage that meets the registered level, and must include evidence supporting the wage level chosen.
- 05
Work begins on the approved start date.
Cap-subject H-1B employment generally starts with the government's fiscal year on October 1, or on the later approved date.
For H-1B workers
Your status follows your job. Plan every change.
Most H-1B problems come from a job change, a layoff, or an expiring stay that was not planned in time.
Moving to a new employer
- If you were lawfully admitted and have not worked without authorization, you can usually start with the new employer once it files a new petition.
- That permission lasts until the new petition is decided, and ends if it is denied.
- A transfer usually does not go through the lottery again if you were already counted against the cap.
When the job ends or time runs short
- After a job ends, you generally have up to 60 consecutive days, once per validity period, to find a new sponsor, change status, or leave. You cannot work during that period unless otherwise authorized.
- H-1B time is limited to six years in total, so a green card plan should start well before the limit.
- Some H-4 spouses can apply for their own work permit; eligibility depends on the H-1B worker's green card process.
Read our guide to H-1B transfers and timing before you resign from a current job.
For employers
What a small employer should have ready.
USCIS looks harder at companies it has not seen before. These four pieces carry most small-employer petitions.
A job description that needs the degree
Specific duties that show why a degree in a directly related field is required, not a padded or generic description.
A wage you can document
The required wage, plus tax returns, payroll records, or financial statements showing the company can pay it.
A certified Labor Condition Application
Filed with the Department of Labor before the petition, with notice posted at the worksite and a public access file kept.
A real role in your business
Evidence of a genuine job offer: who supervises the work, where it happens, and how it fits the business.
If a petition draws a Request for Evidence on the specialty occupation or the wage level, see our RFE response service.
2026 changes
The rules moved. Plan around what is settled.
Several H-1B rules changed in the last year, and some are still in court. We check the current status of each before every registration and filing.
A 2025 presidential proclamation added a large payment for certain new H-1B petitions. A federal court has stopped its collection for now while appeals continue, so ask before you budget or file.
- Weighted selection. In force since the 2026 registration season; higher wage levels get more entries in the selection pool.
- Directly related degrees. The regulation defines a specialty occupation by a bachelor's degree in a directly related specific specialty, so the link between the degree and the duties is examined closely.
- Wage levels under review. USCIS has said it will scrutinize the wage level claimed on selected petitions; an inflated level invites a fraud finding.
- Prevailing wages. The Department of Labor has proposed raising prevailing wage levels; if finalized, required salaries would rise.
- The new payment. Its status changes with each court ruling; see our update on the proclamation.
Private two-minute guide
Where should an H-1B review start?
Answer three general questions. The guide suggests where a first review should start; it does not decide eligibility or send your answers to the firm.
Official sources
Check the official pages here.
Registration dates, fees, and rules change each season. These are the government pages we check, plus our own guides.
Questions
Short answers about H-1B visas
General information, not legal advice. The job, the employer, and your history decide the answer.
Can a small business sponsor an H-1B worker?
Yes. The law sets no minimum company size. A small employer must still show a specialty occupation, a genuine job, and the ability to pay the required wage, and usually needs more documentation to do it.
How does the H-1B lottery work now?
Each person is counted once and entered into the selection pool one to four times based on the lowest wage level among the registrations filed for them: four entries at Level IV down to one at Level I. The draw is still random.
Can we choose a higher wage level to improve the odds?
Only if the job and the wage truly support it. The registration must reflect the highest level the offered wage meets, the petition must match, and USCIS reviews the evidence for the level claimed.
Which employers are exempt from the cap?
Institutions of higher education and their related or affiliated nonprofits, and nonprofit or governmental research organizations. They can file at any time of year without the lottery.
Can I start a new job before the transfer is approved?
Often, yes. If you were lawfully admitted, the new petition was filed before your stay expired, and you have not worked without authorization, you can start once it is filed. If it is denied, that permission ends.
What happens if I am laid off?
You generally have up to 60 consecutive days, once per validity period, to secure a new petition, change status, or depart. You may not work during that time unless otherwise authorized.
How long can I stay in H-1B status?
Up to six years in total. Some workers in the green card process can extend beyond six years, so the green card plan matters early.
Can my spouse work?
H-4 spouses cannot work on H-4 status alone, but some can apply for a work permit depending on the H-1B worker's green card process.
Do you help employers outside Pennsylvania?
Yes. H-1B petitions are filed with USCIS, so we work with employers and workers in New Jersey, New York, and elsewhere in the United States.
H-1B representation at a glance
- Who we represent
- Employers of every size and the professionals they sponsor, in Pennsylvania, New Jersey, New York, and elsewhere in the United States.
- Languages
- English and Spanish.
- Main filings
- Electronic registration, Labor Condition Application (Form ETA-9035), Form I-129 petition, and Form I-539 for dependents.
- Annual cap
- 65,000, plus 20,000 for U.S. master's degree holders; some employers are exempt.
- Government fees
- They depend on the employer and change; see our USCIS fee guide.
- Our fees
- Flat fee confirmed in writing after review.
- Office
- 609 W. Hamilton Street, No. 102, Allentown, PA 18101 · (484) 763-4984
Information reviewed against official sources on October 24, 2026: INA §§ 212(n), 214(g), 214(i), and 214(n); 8 C.F.R. §§ 214.1(l) and 214.2(h); 8 C.F.R. § 274a.12(c)(26). General information, not legal advice; your facts decide the answer.
Reviewed and updated
Next step
Bring the offer, the degree, and the calendar.
We review the position, the wage, and the dates, then tell you in writing what to file and when.
English and Spanish · Allentown · Pennsylvania · New Jersey · New York · Representation where permitted