H-1B Specialty Occupations (H-1B)

The H-1B visa is a non-immigrant work visa that allows U.S. employers to hire highly skilled foreign workers in specialty occupations.

These occupations typically require a bachelor’s degree or higher (or equivalent experience) in fields such as IT, engineering, finance, healthcare, and education.

To qualify for an H-1B visa, applicants must have a job offer from a U.S. employer and meet certain educational or work experience requirements related to the position. Employers must also file a petition with the United States Citizenship and Immigration Services (USCIS) on behalf of the prospective employee, demonstrating the need for the foreign worker and compliance with labor conditions.

To qualify for an H-1B visa, both the employer and the foreign worker must meet specific eligibility criteria.

1. Job Position Requirements

The position must be a specialty occupation requiring theoretical and practical knowledge in a specialized field.
The minimum qualification is a bachelor’s degree or higher (or equivalent work experience).

2. Employee Qualifications

The applicant must have a U.S. bachelor's degree or foreign equivalent in a field related to the job.
If the applicant does not have a degree, relevant work experience (typically 3 years per missing year of education) may be considered.

3. Employer Sponsorship

The U.S. employer must sponsor the H-1B worker by filing a Labor Condition Application (LCA) with the Department of Labor (DOL).
The employer must pay at least the prevailing wage set by the DOL for the job location and industry.

4. H-1B Lottery (if applicable)

If subject to the annual H-1B cap, the employer must first register for the H-1B lottery in March.
Regular Cap: 65,000 visas; Master’s Cap: Additional 20,000 visas for those with a U.S. master’s degree or higher.

5. Validity & Extensions

The initial H-1B visa is granted for up to 3 years and can be extended to a maximum of 6 years.
After 6 years, the H-1B holder must leave the U.S. unless a Green Card process has been initiated.

General filing fee for Form I-129 (H-1B petition):

If you are filing H-1B or H-1B1 petitions: $780 plus additional fees (Paper Filing); $730 plus additional fees (Online filing)
If you are filing as a Small Employer or Nonprofit: $460 plus additional fees, if applicable

Additional Fees:

Asylum Program Fee

If you are filing as a Regular Petitioner: $600
If you are filing as a Nonprofit: $0
If you are filing as a Small Employer: $300

H-1B petitioners must submit a Fraud Prevention and Detection fee of $500 if they are:

Seeking initial approval of H-1B nonimmigrant status for a beneficiary; or
Seeking approval to employ an H-1B nonimmigrant currently working for another petitioner.

Petitioners for Chile or Singapore H-1B1 Free Trade Nonimmigrants do not have to pay the Fraud Prevention and Detection fee. Fraud Prevention and Detection fee, when applicable, may not be waived.

H-1B petitioners are required to submit an additional fee of $4,000 mandated by Public Law 114-113, if:

They are required to submit the Fraud Prevention and Detection fee; and
They employ 50 or more individuals in the United States; and
More than 50 percent of those employees are in H-1B, L-1A, or L-1B nonimmigrant status.

American Competitiveness and Workforce Improvement Act (ACWIA).

$1,500 or $750 (depending on number of workers the petitioner employs)

Petitioners filing for:

An H-1B nonimmigrant; or
A Chile or Singapore H-1B1 Free Trade Nonimmigrant must submit an additional ACWIA fee unless they are exempt under Section 2 of the H-1B Data Collection and Filing Fee Exemption Supplement.

To determine which ACWIA fee to pay, complete Section 2 of the H-1B Data Collection and Filing Fee Exemption Supplement.

Premium processing fee (optional): $2,805

USCIS periodically adjusts the filing fees, check with your immigration attorney for the new filing fees before you file.

At Owen Gu Law Group, P.C., we provide an exclusive VIP service for H-1B visa applicants, offering highly personalized, comprehensive legal assistance tailored to maximize success. Unlike firms that rely on templates and use only client-provided documents, we meticulously prepare every document, identify additional strengths, conduct in-depth research to uncover further advantages, and handle all aspects of the petition to ensure a smooth and stress-free experience.

Our Exclusive VIP Service for H-1B visa Includes:

Personalized Case Strategy – Tailored legal strategy based on your qualifications.
Expert Attorney Involvement – Direct communication with experienced attorneys throughout the process.
H-1B Registration & Lottery Process
LCA (Labor Condition Application) Filing
H-1B Petition (I-129) Preparation & Filing
Priority Case Handling & Tracking – Continuous updates and rapid responses to any USCIS requests.
Visa Processing & Consular Support
H-1B Extensions & Transfers

Why Choose Our VIP Service?

🔹 Proven High Success Rate – Handling even the most complex cases with a 97%+ approval rate.
🔹 Concierge-Style Service – We manage everything, saving your time and effort.
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🔹 U.S. and China Legal Teams – 24/7 assistance across different time zones.
🔹 Free Initial Evaluation – Find out if you qualify before committing!

📩 Ready to Get Started?

Start with a Free Evaluation → [Click Here to fill out the online Evaluation Form]
Email us: evaluation@owenlawpc.com

Free Evaluation

Estimated time: 1 to 3 days

Client-Attorney Agreement

Sign the service contract and remit the initial fees.

Estimated time: 3 to 5 days

Preparation and Submission

1. LCA

2. H-1B lottery (if applicable);

3. Submit I-129 petition to the USCIS.

Estimated time: 2 to 4 weeks

USCIS Review

1. Approval, or

2. Request for evidence: 1️⃣ Approval after RFE；2️⃣ Denial

Estimated time:

Regular: 2 to 6 months

Premium: 15 days

Change of Status or Consular Processing

After approval, the foreign worker must either:

Change status within the U.S. (if already in the U.S. under a valid visa status).
Apply for an H-1B visa stamp at a U.S. consulate (if outside the U.S.).

Start Working in the U.S.

If change of status was approved, the employee can start working on October 1st (or the approval date).
If applying from outside the U.S., the employee enters the U.S. with an H-1B visa and starts working upon arrival.

More about H1B