H-1B Specialty Occupations

MELTSER LAW GROUP advises employers and professionals on H-1B petitions, changes of employer and extensions.

Job and employer requirements

The position must qualify as a specialty occupation, and the worker must meet its education, experience and licensing requirements. Employers generally need a certified Labor Condition Application and an individual USCIS petition, with the required wage and workplace protections. Cap-subject cases also require the applicable registration and selection process; some employers or cases are cap-exempt.

Status, employment and family

H-1B admission is generally granted for up to three years at a time, usually subject to a six-year limit. Certain cases qualify for additional time. A change of employer requires a qualifying petition; eligible workers may benefit from portability rules.

Job loss does not always require immediate departure. Current regulations provide a discretionary grace period of up to 60 consecutive days, or the remaining authorized validity period if shorter, once per authorized period. It does not itself authorize employment.

Eligible spouses and unmarried children under 21 may seek H-4 status. Certain H-4 spouses qualify for employment authorization; H-4 status alone does not authorize work.

Contact MELTSER LAW GROUP before changing jobs, traveling or approaching a status deadline.

General information. Updated October 10, 2026. Sources: USCIS H-1B guidance; H-4 employment authorization; 8 CFR 214.1. Check current forms, fees and filing rules before applying.