H-1B Specialty Occupation Visa
H-1B is an employer-sponsored temporary classification principally associated with specialty occupations.
The case connects three things:
the position, the worker and the employer.
All three must fit the applicable requirements.
Specialty Occupation
A qualifying position generally requires highly specialized knowledge and at least a bachelor’s degree or higher in a directly related specific specialty, or its equivalent.
The worker must possess the education, experience or other qualifications required to perform the specialty occupation.
Labor Condition Application
Before filing the H-1B petition, the employer generally must obtain a certified Labor Condition Application from the Department of Labor and comply with applicable wage and working-condition requirements.
Cap-Subject and Cap-Exempt H-1B Cases
Many new H-1B cases are subject to the annual numerical cap.
Others may qualify for a cap exemption depending on the employer, position or other circumstances.
The cap process has changed substantially.
Current H-1B Notice — September 2026
Updated September 27, 2026
H-1B procedures have changed materially. DHS implemented a weighted cap-selection process that was used for the FY 2027 cap season. In addition, a September 18, 2026 presidential proclamation extended restrictions affecting entry of certain H-1B workers for another year, including a $100,000-payment condition for covered petitions involving workers outside the United States, subject to stated exceptions. Implementation of the earlier payment requirement has also been the subject of federal litigation. Employers should confirm the rules applicable to the particular filing before taking action.
The September 2026 proclamation extends the restriction through September 21, 2027 and confirms the weighted-selection process was used for FY 2027. The federal record also documents the June 2026 district-court ruling and government’s appeal concerning implementation of the earlier payment guidance.
For Employers
H-1B strategy should be reviewed before the intended start date becomes urgent.
The employer needs to understand whether the case is cap-subject, whether an exemption may apply, how the position satisfies the specialty-occupation standard, the required wage analysis and what current filing/entry restrictions affect the worker.