The H-1B visa is the most popular work visa in the U.S. because of its eligibility criteria that apply to a wide variety of professions and typically require only a bachelor’s degree. An H-1B allows you to live and work in the U.S. for up to six years, with the possibility to bring your spouse and children. At the same time, it could potentially take years to get a visa and new rules could make the process much more expensive for employers to hire H-1B workers. work visa

What is the H-1B visa?

The H-1B visa is a nonimmigrant work visa that allows U.S. employers to hire foreign workers in “specialty occupations,” usually for up to six years. These are positions that require specialized knowledge and at least a bachelor’s degree or equivalent in a specific field, such as STEM.

Typical H-1B professions include:

• Software and systems engineers
• Data scientists and analysts
• Architects and civil engineers
• Accountants and financial analysts
• Physicians, pharmacists, and other healthcare professionals

Selection for H-1B nonimmigrant visas is capped annually and is lottery-based in most cases.

The H-1B visa allows U.S. companies to fill key skill gaps while enabling foreign professionals to gain valuable experience and pursue long-term immigration goals, like U.S. permanent residency.

Presidential Proclamation, Restriction on Entry of Certain Nonimmigrant Workers

Effective Sept. 21, 2025, a new Presidential Proclamation requires certain H-1B petitions to include a $100,000 payment at filing. This rule applies to new petitions for workers outside the U.S. who do not already hold a valid H-1B visa. Presidential Proclamation

Extensions, amendments, or changes of status filed within the U.S. remain fee-exempt when approved by USCIS. Because traveling abroad during a pending case can trigger the $100K requirement, H-1B workers should avoid nonessential travel until approval. Limited national-interest exceptions may apply for roles in critical industries such as AI, defense technology, and advanced manufacturing.

How the H-1B Program Works

The H-1B visa is one of the most common ways for skilled, foreign workers to live and work in the United States, particularly in fields like technology, engineering, healthcare, and finance.

Key features of the H-1B program include:

• Specialty occupation requirement: The job must require theoretical and practical application of specialized knowledge and a bachelor’s degree (or higher) in a related field.
• Employer sponsorship: The U.S. employer must file an H-1B petition with USCIS on the worker’s behalf and pay all required filing fees.
• Labor Condition Application (LCA): Before filing, the employer must obtain certification from the Department of Labor affirming that hiring the H-1B worker will not adversely affect U.S. employees.
• Duration of stay: In most cases, H-1B status is granted for three years and extendable to a maximum of six years.
• Ability to change employers: Once you have an H-1B visa, you can change employers without having to go through the full lottery process again.
• Family eligibility: Spouses and unmarried children under 21 may accompany the H-1B worker under H-4 dependent visas. Certain H-4 spouses may qualify for employment authorization.
• Cap and lottery system: Each year, U.S. law caps the number of available H-1B visas. When applications exceed these limits, which is the case most years, a random lottery determines who may proceed.
• Path to a Green Card: Many H-1B holders chose to pursue legal permanent resident status through a Green Card in an employment-based category, like EB-1, EB-2, or EB-3. EB-1, EB-2, EB-3

Understanding the H-1B cap and lottery system

U.S. law determines the number of new H-1B visas USCIS can approve each year. This annual cap is set at 65,000 visas, plus an additional 20,000 for advanced degree holders from U.S. institutions.

When USCIS receives more registrations than available spots, it conducts a random electronic lottery to select who may file a petition. Selected applicants’ employers then have a short window—usually 90 days—to submit their H-1B petitions (Form I-129). Those not chosen must wait for the next fiscal year or explore cap-exempt employment options.

Cap-exempt vs. cap-subject employment

Every H-1B petition is either cap-subject or cap-exempt. These categories determine whether your petition is limited by the annual lottery. Both categories have the same eligibility criteria and last up to six years.

Cap-subject employers count toward the annual H-1B cap and applicants are subject to the annual registration lottery. Most private-sector employers are cap-subject.

Cap-exempt employers don’t have to go through the H-1B lottery system and can file a petition any time of year. Eligible employers include nonprofit research organizations, universities, and governmental research institutions. Cap-exempt H-1B visa holders can also transfer between cap-exempt employers and bypass the H-1B lottery, but typically must enter the lottery if moving to a cap-subject company.

H-1B cap status for 2026

The H-1B cap has been reached for fiscal year 2026: There will not be a second lottery cycle this year.

USCIS announced on July 18, 2025, that it has received sufficient petitions to meet the annual caps for FY2026. USCIS announced

No further cap-subject H-1B petitions will be accepted for FY2026, but cap-exempt filings may still be submitted. Examples of these include H-1B extensions, a change of employers if you currently hold an H-1B visa, and petitions from cap-exempt employers.

For employers who were not selected in the FY2026 registration period, your next opportunity will be the FY2027 cap cycle, which begins on Oct. 1, 2026. You can also consider H-1B visa alternatives. H-1B visa alternatives

Eligibility criteria for H-1B visas

For the beneficiary (applicant)

To qualify for an H-1B visa, the foreign professional must:

• Have a valid job offer from a U.S. employer willing to sponsor them. This job must require specialized knowledge as well as the consistent use of theoretical and practical expertise in a particular field.
• Hold a bachelor’s degree or higher (or equivalent experience) in a field related to the role.
• Possess specialized knowledge that is directly necessary for the specialty occupation.
• Hold any state or local licenses required to practice the specialty occupation. H-1B beneficiaries must have the applicable licenses before a petition can be approved by USCIS.
• Have their employer obtain a certified LCA from the Department of Labor, confirming that they will be paid the prevailing wage and that hiring you will not negatively affect U.S. workers.
• Have their employer file Form I-129, Petition for a Nonimmigrant Worker, with all required supporting documentation, which includes the LCA and proof of their qualifications.
• If outside the U.S., work with their employer to submit Form DS-160, pay the visa fee, and schedule a visa interview at a U.S. embassy or consulate.

Know that fellowships and unpaid research roles usually do not qualify for H-1B sponsorship. Contract and third-party placement situations must include evidence of control and supervision by the petitioning employer.

For the petitioner (employer)

An H-1B sponsoring employer must:

• Offer a specialty occupation job that normally requires a bachelor’s degree.
• Agree to pay the prevailing wage or higher for that role in the geographic area.
• File an LCA with the Department of Labor.
• Submit an I-129 petition with all valid supporting documents.
• Maintain H-1B compliance records, including a public access file documenting the wage and working conditions offered to the employee.

How to apply for an H1B visa

Applying for an H-1B visa involves multiple agencies, deadlines, and legal forms. Proper preparation is critical, as errors or omissions can delay or derail the process.

1. Register for the H-1B lottery

Each spring, USCIS opens the H-1B registration window, typically in March. Employers must create online accounts and register each candidate.

• If the number of registrations exceeds the annual limit, USCIS conducts a lottery to select eligible beneficiaries. Employers whose registrations are selected are then invited to file full petitions.

If your employer is cap-exempt, you can apply any time of the year and bypass the lottery.

2. Check H-1B lottery results

Usually by the end of March, USCIS will inform those who were selected in the lottery. The employer can then file a visa petition on the worker’s behalf starting in April.

3. Complete a Labor Condition Application (LCA)

Before filing a visa petition with USCIS, the employer must submit an LCA to the Department of Labor. The LCA certifies that: LCA

• The employee will be paid at least the prevailing wage for their occupation and employer’s geographic area.
• Hiring the H-1B worker will not negatively impact similarly employed U.S. workers.
• Working conditions are compliant with federal labor standards.

4. Prepare Form I-129, petition for a non-immigrant worker

After the LCA is certified, your employer will file Form I-129, Petition for a Nonimmigrant Worker, with USCIS. It requires several important supporting documents. Form I-129

Supporting documents include:

• Employment offer letter
• Employee’s educational credentials
• Certified LCA
• Detailed description of the position, including duties and required qualifications
• Evidence that the position qualifies as a specialty occupation

5. USCIS reviews the petition

While USCIS reviews the petition, it may issue a Request for Evidence (RFE) if additional documentation is needed to prove the worker’s or the employer’s eligibility. An H-1B visa RFE gives the petitioner 30 days to submit necessary evidence before USCIS continues its review.

6. Visa application and interview

If you’re in the U.S., your employer can request a change of status on Form I-129, allowing you to begin H-1B work once approved.

If you’re outside the U.S., you must go through consular processing. After filing Form DS-160 and paying the visa fee, you’ll need to schedule a consular interview. Bring your approval notice (Form I-797), DS-160 confirmation, and supporting documents. consular processing

H-1B visa processing time

The full H-1B process can take up to about a year, depending on case type and USCIS workload. Here’s a general timeline of the process:

• The H-1B cap registration opens, usually in March.
• USCIS alerts applicants to lottery results in March or April.
• Applicants who were selected in the lottery can begin filing petitions in April, and there is a petition-filing window of 90 days.
• The Labor Condition Application takes about 7 business days for DOL certification.
• After filing, Form I-129 processing averages four to eight months, or 15 business days with premium processing (additional fee). Form I-129 processing

Consular visa stamping abroad may take several additional weeks. Applicants should plan ahead, as processing times can vary significantly by year.

How much does the H-1B visa cost?

If you’re inside the U.S., the basic filing fee for Form I-129 starts around $460 and vary based on the size of the employer and whether you’re filing a new petition, transfer, or extension. Expedited review via premium processing costs $2,805. The H-1B fees are mostly paid by the petitioning employer, although employees can pay for premium processing. As of Sept. 21, 2025, a one-time payment of $100,000 also applies to new H-1B petitions that are filed for applicants that are outside of the United States. H-1B fees

Does an H-1B visa lead to a Green Card?

Many H-1B visa holders ultimately pursue lawful permanent residence status, meaning a Green Card, through employment-based immigration categories. Because H-1B status allows for “dual intent,” workers can apply for a Green Card without jeopardizing their temporary work visas.

The process typically takes years and involves:

1. PERM Labor Certification from the Department of Labor
2. Filing form I-140, Immigrant Petition for Alien Worker
3. Filing for an to adjustment of status with Form I-485

For more information on transitioning from an H-1B visa to a Green Card, request a consultation with our team. request a consultation

Maintaining H-1B compliance

For a worker to maintain their H-1B visa status, they need to stay on top of their immigration documents and employment situation. H-1B status is directly tied to your job, which means you must remain employed by the sponsoring employer in the position listed in your petition. If you want a new employer, a new H-1B petition must be filed on your behalf. Keeping your passport valid, knowing your I-94 expiration date, and preparing early for H-1B extensions are all essential to maintaining status.

Plan carefully for international travel, because your visa stamp, approval notice, and employment status must all align for re-entry. Talk to your employer before traveling abroad to reduce the chance of re-entry issues. international travel

Employers must also follow strict H-1B compliance requirements, including:

• Maintaining a Public Access File (PAF) for each H-1B worker.
• Paying the required wage and providing the same working conditions as U.S. employees.
• Notifying USCIS of any major changes to the worker’s employment, like job title, salary, location, or termination.

Failure to comply can lead to fines, back pay, or even disqualification from the H-1B program.

How to extend your H-1B visa

An initial H-1B visa is typically valid for three years and may be extended once for up to six total years. Timely extensions help you maintain lawful status and avoid gaps in employment authorization.

In some cases, extensions beyond six years are available under the American Competitiveness in the 21st Century Act (AC21) if:

• A PERM labor certification or employment-based immigrant petition (Form I-140) has been pending for at least 365 days, or
• The worker has an approved I-140 but cannot adjust status due to a Green Card backlog.

Changing Employers on H-1B

Changing jobs or employers is possible on an H-1B visa. Your new employer must file a new Form I-129 petition for your new job. Under the H-1B portability rule, you can start the new job as soon as the employer files a valid H-1B petition; you don’t need to wait for formal USCIS approval.

To qualify for portability:

• The worker must currently hold valid H-1B status.
• The new petition must be filed before the previous employment ends.
• The employee must begin work only after USCIS receives the new filing.

If you are working for a cap-exempt employer and want to transfer to a cap-subject employer, you are subject to the annual H-1B caps and lottery.

What happens if you are fired or laid off?

If you lose your H-1B job, your visa status doesn’t automatically end. Typically, USCIS grants a grace period of up to 60 days (or until the end of your I-94, whichever is shorter) for you to find a new H-1B employer, change status (like to a student visa), or leave the U.S. grace period of up to 60 days

During this grace period, you cannot work for another employer until they file and USCIS approves a new H-1B visa petition on your behalf. Failure to maintain status will also affect any other visa or Green Card applications you have.

Understanding the H-4 rights for your dependents

Spouses and unmarried children under 21 may accompany H-1B workers after filing for an H-4 visa. In addition to living and studying in the U.S., H-4 visa holders can apply for work authorization through an H-4 EAD if the principal H-1B holder has an approved I-140 or has extended beyond six years under AC21 (the American Competitiveness in the 21st Century Act). H-4 EAD

Applying for a Social Security card with a H-1B visa

H-1B visa holders can apply for a Social Security Number (SSN), which is needed for employment and tax purposes. apply for a Social Security Number (SSN)

To apply, you need a valid H-1B visa, passport, I-94 Arrival/Departure Record, and a letter from your employer confirming work authorization.

Complete Form SS-5 and submit it at a Social Security Administration office in person. After applying, your SSN card usually arrives by mail in two to four weeks. Apply as soon as possible, as your SSN is required for payroll and taxes.

Alternatives to the H-1B visa

If you are a specialized worker interested in a job in the U.S., you might be eligible for other types of work visas. Especially if you can’t get an H-1B visa through the lottery, here are some alternatives to the H-1B visa, like: alternatives to the H-1B visa

• Treaty visas, like an E-1 or E-2 visa, leverage international trade agreements to grant work authorization to citizens of specific countries.
• Merit-based or skill-based visas and Green Cards—such as the O-1, EB-1, and EB-2—recognize exceptional professional achievements or international acclaim in your field.
• Intra-company transfer visas, including the L-1 visa, allow multinational companies to relocate employees to their U.S. offices.
• Student and educational visas like the F-1 or J-1 visas can provide work experience extensions after completing your studies.

Do I need to hire an H-1B lawyer?

While you aren’t required to have an immigration attorney, the application process is long and complicated. It helps to have someone with experience navigating the process to assist you along the way.

Request a consultation with an H-1B visa attorney for more information. Request a consultation