H-1B Specialty-Occupation Visa in New York in NY… | CGMIMM
Immigration · NY
H-1B Specialty-Occupation Visa in New York
New York employers + foreign workers use H-1B visas for specialty occupations — capped at 85,000/year, lottery-allocated, valid 3+3 years, with path to green card via PERM.
Published May 9, 2026
## H-1B specialty-occupation visa in New York
The **H-1B visa** is the most common US work visa for skilled professional workers. New York employers + foreign workers must navigate a complex annual lottery, employer sponsorship, and renewal process.
## Eligibility — "specialty occupation"
**The job must be a specialty occupation:**
- Requires bachelor's degree (or equivalent) minimum
- Degree must be in specific specialty field
- Industry standard or industry-specific requirement
- Position complex enough to require degree
**Common H-1B occupations:**
- Software engineers / developers
- Engineers (electrical, mechanical, chemical)
- Accountants + financial analysts
- Architects
- Doctors + dentists
- Researchers + scientists
- Math/stats specialists
- Some teachers / professors
- Some specialized business roles
## The worker (beneficiary) requirements
**Must have:**
- US bachelor's degree (or higher), OR
- Foreign equivalent degree, OR
- Combination of education + experience equivalent (3 years experience = 1 year degree)
- Degree must be in specialty field of occupation
**Education evaluation:**
- Foreign degrees evaluated by credential service
- Specific equivalency to US degree
- Specialty field match
## Annual cap + lottery
**Annual cap:**
- **65,000 regular cap**
- **20,000 master's cap** (advanced degree from US institution)
- **Total: 85,000**
**Cap-exempt:**
- Universities + non-profit research orgs
- Government research orgs
- Certain affiliated employers
- Cap-exempt employers don't count toward cap
**Lottery process (typical year):**
- **Registration in March** (electronic, $10/registration)
- **Lottery selection** by USCIS
- **Selected registrations file petitions** in April
- Petitions filed by Sept 30
- Approved cases get H-1B status starting Oct 1
**Recent changes (2025+):**
- USCIS changed to per-beneficiary registration (vs per-employer)
- Reduced gaming of system
- Selection rates more even
- Always check current process
## Employer sponsorship
**The employer must:**
- Be a legitimate US employer
- Have actual position
- Pay required wage
- File LCA + petition
- Maintain compliance
**Required wages:**
- **Higher of**: actual wage + prevailing wage
- **Actual wage** = paid to similar employees
- **Prevailing wage** = government-determined for occupation + location
- **OFLC (Office of Foreign Labor Certification)** sets
- **Wage levels I-IV** (entry to senior)
## LCA (Labor Condition Application)
**Filed first** with Department of Labor:
- Attests to wages, working conditions
- Promises no displacement of US workers
- Posted at workplace
- Public access file maintained
- 7-day processing typically
## H-1B petition (Form I-129)
**Filed with USCIS:**
- Job description + duties
- Education / experience documentation
- Wage attestation
- LCA
- Employer information
- Specialty occupation evidence
**Filing fees ($3,000+):**
- $460 base I-129
- $750 ACWIA training fee (or $1,500 for 26+ employees)
- $500 fraud detection (initial filings)
- $4,000 ACWIA fee for some employers (Public Law 114-113)
- $2,805 premium processing (optional, 15-day)
**Premium processing:**
- 15-day decision
- Optional
- Not for new H-1B initially (cap-subject)
- Available for many other H-1B filings
## H-1B duration
**Initial period:** Up to 3 years
**Extensions:** Up to 3 more years (6-year max)
**Beyond 6 years:** Possible if green-card process pending (specific milestones)
**AC21 — beyond 6:** PERM filed 365+ days = 1-year extensions; I-140 approved + priority date current = 3-year extensions
## H-4 dependents
**Spouse + children under 21:**
- H-4 status
- Tied to H-1B principal
- Cannot work without separate authorization
- Can attend school
**H-4 EAD (work authorization):**
- Available for spouses
- Requires H-1B has approved I-140 OR is using AC21 extension
- Allows H-4 spouse to work
- Critical benefit for many families
## Path to green card — PERM process
**Most H-1Bs eventually pursue green card:**
**1. PERM Labor Certification:**
- Test US labor market
- Recruit US workers
- Demonstrate no qualified US worker available
- 6-12 months processing
**2. Form I-140 immigrant petition:**
- Filed by employer
- Establishes priority date
- 6-12 months processing
**3. I-485 adjustment of status:**
- Filed when priority date current
- For India + China — multi-year wait
- For most countries — relatively quick
- Or consular processing if outside US
**Total time:** 1-15+ years depending on country of birth
## Country backlogs
**Major bottleneck for some countries:**
- **India** — 50+ year wait for EB-2/EB-3
- **China** — 5-10 year wait
- **Other countries** — typically 1-3 year wait
**Per-country caps cause Indian/Chinese backlogs.**
## Job changes ("H-1B portability")
**AC21 portability:**
- Can change jobs
- New employer files petition
- Can start new job upon receipt of new H-1B filing
- Don't need approval first
- Common career flexibility
## Termination + grace periods
**60-day grace period (after 2017 rule):**
- Find new employer
- New H-1B filing
- Change to other status
- Or depart US
**Without action in 60 days:**
- Out of status
- Departure required
- Re-entry difficulties
## Common H-1B issues
**Compliance:**
- Wage requirements (must actually pay)
- Bench periods (paid even when not working)
- Posting requirements (LCA notice)
- Public access file maintenance
- Worksite changes (LCA must be amended sometimes)
**Site visits:**
- USCIS conducts random site visits
- Verify worker location, duties, wage
- Compliance violations = severe consequences
**Fraud prevention:**
- Increasing scrutiny
- IT consulting / staffing companies particular focus
- Genuine employer-employee relationship required
- End-client placement issues
## Travel + visa stamping
**Visa vs status:**
- Visa = entry document (consular stamp)
- Status = legal classification while in US
- Need both for return entry
**Visa stamping:**
- Done at US embassy/consulate abroad
- 221(g) administrative processing common
- Wait times vary widely (weeks to months)
- Plan travel carefully
## Recent changes (2025+)
**Modernization rule changes:**
- Specialty occupation definition refined
- Specialty matching requirements
- Tightened H-1B rules in some areas
- Cap-gap protections
- Always check current law
**Trump administration:**
- Increased scrutiny in some periods
- Higher wage requirements proposed
- More RFEs typically
- Policy can shift
**Biden administration:**
- More worker-friendly generally
- Modernization rule
- H-4 EAD preserved
## Common rejections
- **Specialty occupation challenges** (not really requiring degree)
- **Specialty match issues** (degree doesn't match field)
- **Beneficiary qualifications** (degree equivalency)
- **Employer-employee relationship** (third-party placement)
- **Wage levels** (too low for position)
- **End-client documentation** (consulting / staffing)
- **Bench time concerns**
## What you should do
If you're a New York employer needing H-1B sponsorship: hire experienced immigration counsel — H-1B is technical + time-sensitive (March registration deadline). If you're an H-1B worker: maintain status, plan green-card path, save for legal fees, document everything. Most New York immigration attorneys handle H-1B; some specialize. Costs: $3-5K typical for petition + $2-3K for I-140 + $3-5K for I-485.
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*This guide is general information about US federal immigration law as of mid-2026 and is not legal advice. H-1B law is technical + changing. Talk to a licensed immigration attorney about your specific situation.*
This guide is for general information only and does not constitute legal advice. Laws change and outcomes depend on your specific situation — talk to a licensed attorney before acting on anything you read here.