Coordinate with your employer to prepare a temporary specialty occupation petition. Explore registration, the Labor Condition Application, I-129, and the next steps for status, travel, and family members.
FIND YOUR PATH
For workers sponsored by a U.S. employer for a position requiring highly specialized knowledge and at least a bachelor's degree in a directly related specific specialty, or its equivalent. This page covers specialty occupation H-1B petitions, including cap-subject and eligible cap-exempt cases.
YOUR PAPERWORK, ORGANIZED
The employer leads the petition process. Registration, consular steps, and dependent forms apply only when relevant to the case.
The employer or representative completes USCIS registration when required. Selection permits a petition filing during the designated period; it is not an approval or work authorization. Cap-exempt and other exempt-from-cap cases follow different rules.
Review USCIS registration guidanceThe employer obtains a certified Labor Condition Application from DOL for the specialty occupation position. Coordinate wages, work locations, notice, and required employer records. This is the H-1B LCA, not PERM labor certification.
Open DOL LCA guidanceThe employer files the Petition for a Nonimmigrant Worker with the certified LCA, applicable H Classification Supplement, H-1B Data Collection and Filing Fee Exemption Supplement, and supporting evidence. Review the complete USCIS form package for required supplements.
Open Fillvisa I-129Document the specialty occupation duties, degree requirements and their connection to the work, the worker's education or qualifying equivalency, and any required license. Include contracts or other evidence of the offered position when applicable.
Review USCIS I-129 instructionsRequest premium processing for an eligible I-129 petition. It does not replace cap selection, expedite the LCA or visa interview, or guarantee approval.
Open Fillvisa I-907The employer and legal representative complete the notice of appearance for the petition, as applicable.
Open Fillvisa G-28The employer requests the appropriate action on I-129 and supplies status and employment records, such as I-94, prior approval notices, and pay records where relevant. The principal H-1B worker does not use I-539 for this request.
Petition approval and approval of a change or extension of status are distinct. Check the approval notice and I-94 for the authorized status and dates. Do not assume filing alone allows work; H-1B portability and other exceptions have specific eligibility requirements.
After petition approval, apply for an H-1B visa if required and follow the embassy or consulate instructions. The visa and petition do not themselves grant admission; review the I-94 issued upon entry.
Complete the online nonimmigrant visa application and follow consular instructions for fees, documents, and any interview. Each accompanying family member who needs a visa submits a separate application.
Open Fillvisa DS-160Gather the passport, DS-160 confirmation, petition approval details, and employment and qualification records requested by the consulate. Check current country-specific instructions.
Review temporary worker visa guidanceEligible spouses and unmarried children under 21 inside the United States may request H-4 change or extension of status. Include I-539A for each co-applicant when required; dependent requests are separate from the principal's I-129.
Open Fillvisa I-539Certain H-4 spouses may apply for employment authorization based on the H-1B principal's qualifying approved I-140 or qualifying AC21 extension. H-4 status alone does not authorize work; children are not eligible under this spouse category.
Open Fillvisa I-765For dependents applying abroad, use the consular visa process and DS-160 where required instead of I-539. Review H-4 spouse employment authorization requirements before applying for I-765.
Credit card authorization for an eligible USCIS paper filing. Follow the payment rules for the specific filing and fee.
Open Fillvisa G-1450ACH authorization for an eligible USCIS paper filing. Use the applicable accepted method; both payment authorizations are not needed.
Open Fillvisa G-1650Check current form editions, fees, cap-season rules, filing addresses, and any additional entry or petition requirements on the official websites before filing. Required employer fees and dependent fees vary by case. Fillvisa tools assist preparation; filings must be submitted through the applicable agency process.
BEFORE YOU BEGIN
The offered position, worker qualifications, employer obligations, and cap or status rules all matter.
Get StartedShow that the actual job meets the specialty occupation requirements. A degree requirement must relate directly to the duties; a job title or a general degree requirement alone is insufficient.
Document the required U.S. degree, foreign equivalent, or an acceptable equivalent combination of education, specialized training, and experience. Meet licensing requirements where the occupation requires them.
The petitioner must offer a bona fide specialty occupation position and meet the LCA obligations, including the required wage, worksite notice, and records. The required wage is generally the higher of the actual or prevailing wage.
Determine whether cap registration and selection are required or an exemption applies. For requests inside the United States, review status history and eligibility for the requested change, extension, or portability benefit.
Official guidance: USCIS H-1B specialty occupations · I-129 instructions · DOL LCA requirements. Fillvisa provides form tools and general information, not legal advice.
TAKE THE NEXT STEP
Confirm the filing route with your employer before preparing the petition. The timing and documents depend on cap eligibility, your location, and the requested employment.
Prepare Form I-129Review the duties, qualifications, work locations, and proposed start date. Complete employer registration when required and follow the applicable filing window.
Obtain the certified LCA and assemble I-129, its required supplements, qualification evidence, employer records, signatures, and applicable fees.
Confirm the requested status action or visa process and any separate H-4 filings. Verify when employment is authorized and review the approval notice and I-94 before relying on new status dates.
