H-1B Specialty-Occupation Visa in Delaware in DE — Immigration Legal Guide | CGMIMM

## H-1B specialty-occupation visa in Delaware The **H-1B visa** is the most common US work visa for skilled professional workers. Delaware 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 Delaware 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 Delaware immigration attorneys handle H-1B; some specialize. Costs: $3-5K typical for petition + $2-3K for I-140 + $3-5K for I-485. --- *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.*