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H-1B, LCA

H-1B professionals

The H-1B visa allows U.S. employers to hire professionals in specialty occupations, which are jobs that normally require at least a bachelor's degree in a specific field. Most new H-1B workers enter through an annual registration and selection process. We advise employers and employees on registrations, petitions, transfers, extensions and recent policy changes.

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Last reviewed September 2026

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Who this is for

  • Employers registering candidates in the annual H-1B selection
  • Professionals changing employers (H-1B transfer)
  • Workers extending status, including beyond six years
  • Universities and research organizations hiring cap-exempt workers

How we help

Specialty occupation analysis
We align the job duties and degree requirements so the position meets the legal standard.
Labor Condition Application
We prepare the Labor Condition Application (LCA) with the Department of Labor, including the prevailing wage.
Petition and policy review
We check each case against current rules, including the weighted cap selection and the H-1B proclamations of 2025 and 2026.

Forms involved

  • LCALabor Condition Application (ETA-9035)
  • I-129Petition for a Nonimmigrant Worker
  • I-907Request for Premium Processing Service

Government filing fees are listed on our filing fees page.

Timeline

Cap registration takes place each spring, and selected cases may file from 1 April for an October start. Since the fiscal year 2027 season, selection is weighted toward higher-paid positions under a rule effective 27 February 2026. Transfers and extensions can be filed year-round, and premium processing gives a decision window set by U.S. Citizenship and Immigration Services (USCIS).

Document checklist

A starting list. We send a checklist for your case after the consultation.

  • Degree certificates and transcripts, with evaluations for foreign degrees
  • Detailed job description and offer letter
  • Passport, visa and I-94 records
  • Recent pay statements, for transfers and extensions

Questions clients ask

What counts as a specialty occupation?
A role that normally requires at least a bachelor's degree, or its equivalent, in a specific specialty related to the job.
Does the $100,000 payment apply to my case?
The position is unsettled. A September 2025 proclamation added a $100,000 payment for certain new H-1B petitions, mainly for workers outside the United States. On 8 June 2026 a federal court vacated the guidance that applied it, and on 24 July 2026 the appeals court declined to pause that order, so USCIS states it is complying with the court while the government considers next steps. A new proclamation of 18 September 2026 extends the policy to 21 September 2027. We check the current USCIS alert before every filing. See our blog post on the payment for the sources.
Can I change employers?
Yes. A new employer files a petition, and in many cases the worker can start once it is filed, under the portability rules.
What happens after six years?
Workers with a pending labor certification or an approved immigrant petition can often extend beyond six years under the American Competitiveness in the 21st Century Act (AC21).
Which employers are cap-exempt?
Institutions of higher education, their affiliated nonprofits, and nonprofit or government research organizations are generally exempt from the annual cap.
Can my spouse work?
In some situations. See our page on spouse work permits for the H-4 rules.

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