H-1B Visa for Specialty Occupation Workers

Employment-Based Immigration for Specialty Occupation Professionals

Serving Employers and Employees in Santa Ana

The H-1B program is competitive, technical, and increasingly expensive to get wrong.

An H-1B visa lets a U.S. employer temporarily employ a foreign worker in a specialty occupation, a job that requires theoretical and practical application of highly specialized knowledge along with at least a bachelor’s degree in a specific field. Between the annual registration lottery, the labor condition application, and a recent wave of regulatory changes, the process has become harder to navigate without guidance.

Fontes Law Group helps Santa Ana employers build petitions that hold up to scrutiny, and helps employees understand what their status does and does not allow, especially when it comes to changing jobs or extending their stay.

We serve clients from our Santa Ana and Riverside offices, and our team is fully bilingual in English and Spanish.

What Counts as a Specialty Occupation

The H-1B classification is defined under 8 U.S.C. Section 1101(a)(15)(H)(i)(b).

A specialty occupation generally requires a U.S. bachelor’s degree or higher in a specific specialty, or its equivalent, as the minimum requirement to enter the field.

Fields commonly recognized as specialty occupations include architecture, engineering, mathematics, the physical and social sciences, medicine, business specialties, accounting, law, and the arts, though there is no fixed, exhaustive list.

Whether a specific position qualifies depends on the actual duties of the job and how closely they align with a specific field of study.

Why Clients Choose Fontes Law Group

Experience. Compassion. Results.

At Fontes Law Group, we combine decades of legal experience with a client-first approach. Our immigration attorneys understand how overwhelming and uncertain the U.S. immigration process can be. Whether you’re applying for a green card, sponsoring a loved one, seeking U.S. citizenship, or navigating another immigration matter, we guide you through every step with clarity, compassion, and strong advocacy.

Clients choose Fontes Law Group because we offer:

• Proven success handling family-based immigration, green cards, fiancé visas, citizenship, and other immigration matters
• A bilingual legal team serving clients in English and Spanish
• Office locations in Santa Ana and Riverside
• No fees for your initial consultation
• A trusted reputation among individuals and families across Southern California

H-1B Visa Basic Requirements

• The position must qualify as a specialty occupation requiring at least a U.S. bachelor’s degree or its equivalent in a specific field
• The worker must hold that degree, or have education, training, or progressively responsible experience recognized as equivalent to it
• The employer must obtain a certified Labor Condition Application from the Department of Labor before filing the petition
• The employer must attest to paying the required wage and maintaining working conditions that will not adversely affect similarly employed U.S. workers
• The employer files Form I-129, Petition for a Nonimmigrant Worker with USCIS

The H-1B Cap and Registration Process

Congress set the annual regular cap at 65,000 visas under 8 U.S.C. Section 1184(g), with an additional 20,000 petitions exempt from the cap for beneficiaries who hold a master’s degree or higher from a U.S. institution.

Petitions for workers employed at institutions of higher education, and their affiliated nonprofit or government research organizations, are exempt from the cap entirely.

On December 23, 2025, DHS announced a final rule adopting a weighted selection process for the H-1B registration lottery, intended to favor higher-skilled and higher-paid beneficiaries while still allowing employers to sponsor workers at all wage levels. The rule takes effect February 27, 2026, and applies to the fiscal year 2027 cap registration season.

The $100,000 Petition Fee for Certain H-1B Filings

A Presidential Proclamation requires certain H-1B petitions filed at or after 12:01 a.m. Eastern time on September 21, 2025, to include an additional $100,000 payment as a condition of eligibility, unless the petitioner qualifies for an exception.

Employers filing a Form I-129 subject to this requirement must include proof that the payment has been scheduled or evidence of an approved exception.

Because this fee substantially changes the cost calculation for many H-1B filings, employers should confirm current applicability before filing rather than relying on past practice.

Duration and Extensions

H-1B status is generally granted for up to three years initially, with the possibility of an extension for up to another three years, for a total of six years.

Workers who own more than 50 percent of the petitioning company, or who otherwise hold a controlling interest, are generally limited to 18-month validity periods for their initial petition and first extension.

An H-1B worker who is the beneficiary of an approved employment-based immigrant petition, and who is only waiting due to per-country or worldwide visa number limitations, may be eligible for extensions beyond the six-year limit under federal regulations.

Changing Employers

An H-1B worker who wants to change employers may generally begin working for the new employer as soon as the new employer files a Form I-129 petition on the worker’s behalf, provided the change happens before the worker’s authorized stay expires and the worker has not violated their nonimmigrant status. This is often referred to as H-1B portability.

Speak With a Santa Ana H-1B Visa Attorney

Whether you are an employer planning your next cap registration or an employee with questions about your status, Fontes Law Group can help you understand your options. Call our Santa Ana office at 714-571-0738 to schedule your free initial consultation.

Helpful Resources

FAQs About the H-1B Visa