H-1B Visa: Working in the USA in Specialty Occupations

H-1B is a category of temporary work in which an eligible employer applies on behalf of a foreign employee for a specialized position. The work itself must be based on a bachelor's degree or higher in the relevant field of expertise or recognized equivalency. It is not enough for the candidate to be a university graduate or to write "expert" in the position name. ¹

Application; It is evaluated based on the actual duties of the job, its connection with education, the working conditions offered by the employer and wage obligations. New applications within the scope of the quota and files exempt from the quota may follow different processes. As of 2026, the old "single draw with equal chances for everyone" narrative does not fully reflect the current weighted election structure. ¹²

What jobs and candidates can be considered?

There must be a direct connection between the duties of the job and the required field of education. Some jobs may accept more than one relevant department graduation; However, a general job description in which only any undergraduate degree is sufficient may not meet the specialization requirement. The actual technical or professional content of the tasks should be described. ¹

The candidate must meet appropriate education, acceptable equivalency and, if applicable, professional licensure requirements. Just because the company creates a new title for the candidate does not change the true specialty of the job. Employer documents, offer and job description must be consistent with each other. ¹³

Basic obligations of the employer

The employer must offer a genuine specialist position and comply with the pay and working conditions covered by the LCA. The general wage rule requires payment of the higher of the prevailing wage compared to the actual wage for the relevant job. Mere agreement by the parties on a lower salary does not eliminate this obligation. ²

LCA is not the same process as PERM. It should not be said that every ordinary H-1B file will have a PERM test stating “no US workers found”. In contrast, LCA and employer registration obligations are real and ongoing responsibilities. ²⁴

Quota and 2026 weighted election system

Eligible applications within the scope of the quota have an annual registration and, if necessary, selection process. The current regulation weights the unique applicant according to the OEWS level to which the offered fee corresponds: four pool entries are foreseen for Level IV, three for III, two for II and one for I. This does not mean that quadruple approval is guaranteed or that all H-1B filers are subject to this selection. ¹

There are rules such as the effect of the lowest relevant wage level when there is more than one registration or workplace. The occupation code, location and wage information in the record must be consistent with the subsequent petition. It is not appropriate to use unreal salary or employment information to increase weight. ¹

Quota-exempt files and company owners

Quota exemptions may be considered for employers such as eligible higher education, associated institutions and certain research organisations. It should not be assumed that every nonprofit company is automatically exempt. The legal basis for the exemption and the actual employer relationship must be shown. ¹

The fact that the employee has a share in the company does not prevent the application in any case. However, the actual job, employer structure and wage conditions must be met. There are special rules for beneficiary-owners within the scope of the controlling interest in the regulation, such as an 18-month limit in terms of the first application and the first extension period. ¹

Family, job change and length of stay

Eligible spouses and children are eligible for H-4 status. H-4 spouses' right to work is not automatic; certain eligibility requirements and work permit required. This structure differs from the status-based work authorization of eligible E and L spouses. ¹⁵⁶

H-1B portability may be available upon eligible employer change; However, it should not be assumed that every new job can be started immediately. Current status, suitability of the new application and job conditions are evaluated together. Limits such as the discretionary maximum period of 60 days or the remaining duration of the I-94 are also important for job loss. ¹⁷

How to read fee and policy changes?

State fees vary depending on employer size, application type, and any additional fees that may apply. The $103,265 surcharge text dated August 25, 2026 is a proposed regulation; This document should not be submitted as a final fee in effect as of September 20, 2026. Litigation and possible appeal developments regarding the previous $100,000 policy should also be checked. ⁸⁹¹⁰

In the review to be conducted with Clinch Law Firm, job description, training documents, workplace, wage, employer structure and current status records should be considered together. The H-1B plan must be based on actual and suitable work that can be offered once selected, not merely on enrollment selection. ¹