Updated November 11, 2026

H-1B visa meaning: specialty occupations, the annual cap, requirements and stay limits

An H-1B visa is a temporary U.S. nonimmigrant work classification that lets American employers hire foreign workers in specialty occupations requiring specialized knowledge and at least a related bachelor's degree, as well as for Department of Defense cooperative research projects and distinguished fashion models. Congress caps new H-1B statuses at 65,000 per fiscal year, plus 20,000 additional petitions for workers holding a U.S. master's degree or higher, according to USCIS. Initial admission lasts up to 3 years and can be extended to a standard maximum of 6 years, with further extensions available for workers in the employment-based green card process.

What does an H-1B visa mean?

The H-1B is a temporary (nonimmigrant) work classification in the United States. The U.S. Department of Labor explains that the intent of the H-1B program is to help U.S. employers who cannot otherwise obtain needed business skills and abilities from the U.S. workforce by authorizing the temporary employment of qualified foreign workers.

You cannot apply for an H-1B on your own. Your prospective U.S. employer must petition for you with U.S. Citizenship and Immigration Services (USCIS). USCIS divides the H-1B classification into three categories, and also administers related specialty occupation visas created by free trade agreements:

H-1B and related specialty occupation classifications (USCIS and U.S. Department of Labor)

What is a specialty occupation, and who qualifies?

USCIS states that a specialty occupation requires the theoretical and practical application of a body of highly specialized knowledge, plus the attainment of a bachelor's or higher degree in a directly related specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. Common fields listed by USCIS include architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts.

Under USCIS regulations at 8 CFR 214.2(h)(4)(ii), "directly related" means there is a logical connection between the required degree (or its equivalent) and the duties of the position, and "normally" means conforming to a usual, typical, common, or routine pattern rather than always. If an occupation in the state of intended employment requires a state or local license to fully practice, USCIS requires you to hold that license before the H-1B petition is approved, rather than at the time of filing.

For the job itself to qualify as a specialty occupation, it must meet at least one of four USCIS job criteria, and for you to qualify as the worker, you must meet at least one of four worker criteria:

• Job criterion 1: A U.S. bachelor's or higher degree in a directly related specific specialty, or its equivalent, is normally the minimum entry requirement for the occupation.
• Job criterion 2: The degree requirement is normally required to perform job duties in parallel positions among similar organizations in the employer's industry in the United States.
• Job criterion 3: The employer (or the third party, if you will be staffed to a third party) normally requires a U.S. bachelor's or higher degree in a directly related specific specialty, or its equivalent, to perform the job duties.
• Job criterion 4: The specific duties of the offered position are so specialized, complex, or unique that the knowledge required to perform them is normally associated with attaining a U.S. bachelor's or higher degree in a directly related specific specialty, or its equivalent.
• Worker criterion 1: You hold a U.S. bachelor's or higher degree required by the specialty occupation from an accredited college or university.
• Worker criterion 2: You hold a foreign degree that is equivalent to a U.S. bachelor's or higher degree required by the specialty occupation from an accredited college or university.
• Worker criterion 3: You hold an unrestricted state license, registration, or certification that authorizes you to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment.
• Worker criterion 4: You have education, specialized training, and/or progressively responsible experience equivalent to the completion of a U.S. bachelor's or higher degree in the specialty occupation, and recognition of expertise through progressively responsible positions directly related to the specialty.

How the H-1B cap, exemptions and wage-weighted lottery work

The regular annual cap is 65,000. Up to 6,800 of those numbers are set aside each fiscal year for the H-1B1 program for nationals of Chile and Singapore, and unused H-1B1 numbers are added to the next fiscal year's regular H-1B cap. On top of the 65,000 regular cap, an additional 20,000 petitions filed for beneficiaries who earned a master's degree or higher from a U.S. institution of higher education are exempt from the regular cap (often called the master's cap).

Before an employer can file a cap-subject H-1B petition, it must register the worker online during USCIS's initial registration window, which runs for at least 14 calendar days each fiscal year. For the FY 2027 cap, registration opened at noon Eastern on March 4 and ran through 5:00 p.m. Eastern on March 19, 2026, with selection notices intended by March 31 and petition filing opening on April 1. Regardless of how many employers register you or how many entries your wage level gives you in the pool, USCIS counts each unique beneficiary only once toward the numerical cap projections. If you are selected, every employer that properly submitted a registration for you receives a selection notice and may file an H-1B petition on your behalf.

In FY 2026, USCIS recorded 343,981 eligible registrations (a 26.9% drop from 470,342 in FY 2025) for about 339,000 eligible unique beneficiaries across about 57,600 unique employers, averaging 1.01 registrations per beneficiary. By our calculation from USCIS's historical registration table, the 120,141 selected registrations in FY 2026 represented 34.9% of the 343,981 eligible registrations, compared with 28.7% in FY 2025 (135,137 selected out of 470,342 eligible) and 24.8% in FY 2024 (188,400 selected out of 758,994 eligible).

Not every H-1B job goes through the lottery, and starting in FY 2027 (effective February 27, 2026), USCIS uses a weighted selection process when registrations exceed the cap based on the highest Occupational Employment and Wage Statistics (OEWS) wage level that the offered wage equals or exceeds for the relevant Standard Occupational Classification (SOC) code in the area of intended employment:

• Cap exemption 1: An institution of higher education or its affiliated or related nonprofit entities
• Cap exemption 2: A nonprofit research organization or a government research organization
• Cap exemption 3: An employer in Guam or the Commonwealth of the Northern Mariana Islands (CNMI), if the petition is filed before December 31, 2029
• OEWS Wage Level IV: entered into the selection pool 4 times
• OEWS Wage Level III: entered into the selection pool 3 times
• OEWS Wage Level II: entered into the selection pool 2 times
• OEWS Wage Level I: entered into the selection pool 1 time

H-1B cap registration and selection numbers for FYs 2021-26 (uscis.gov)

Step-by-step: how an employer applies for an H-1B

Step 1: Labor Condition Application (LCA) with the Department of Labor. Before filing with USCIS, a specialty occupation or fashion model employer must submit Form ETA-9035E electronically through the Department of Labor's FLAG system no more than 6 months before the employment start date (paper Form ETA-9035 by mail is allowed only with prior permission from the OFLC Administrator for employers with physical disabilities or no internet access). The Department of Labor reviews LCAs within 7 working days for completeness and obvious errors or inaccuracies. On the LCA, the employer attests to four requirements: paying the greater of the actual wage paid to similarly qualified workers or the prevailing wage in the area of employment, providing working conditions that do not adversely affect similarly employed workers, confirming no strike or lockout at the worksite, and giving notice to the union representative or posting at the place of employment.

Step 2: Form I-129 petition with USCIS. Once the Department of Labor certifies the LCA, the employer files Form I-129 (Petition for a Nonimmigrant Worker) online or by mail, no more than 6 months before the requested start date. For cap-subject petitions, the start date must be October 1 or later of the applicable fiscal year (USCIS rejects petitions listing "ASAP"), and the employer files within the 90-day filing window on the Registration Selection Notice.

Step 3: Change of status or consular visa and admission. If you are already lawfully in the United States in a valid nonimmigrant status, your employer can request a change of status on Form I-129 so you transition to H-1B without leaving the country. If you depart the U.S. while a change of status request is pending, USCIS considers the change of status request abandoned and issues any approval as a consular notification. If you are outside the United States, or if your petition is approved for consular notification, you apply for an H-1B visa stamp with the Department of State at a U.S. Embassy or Consulate abroad (if required) and then apply to U.S. Customs and Border Protection (CBP) at a port of entry for admission in H-1B status.

USCIS's preferred package order and key filing checklist for a cap-subject Form I-129:

• Form G-28, if the employer is represented by an attorney or accredited representative, with the petitioner's name matching Form I-129.
• Copy of the H-1B Registration Selection Notice, with the Beneficiary Confirmation Number entered on Page 13, Question 5 of the H Classification Supplement.
• Completed Form I-129, the H Classification Supplement (starting on page 13), and the H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement (starting on page 21), signed by the petitioner.
• DOL-certified Form ETA-9035 (LCA) whose 6-digit SOC group and offered wage align with the registration and Form I-129, plus evidence of the basis of the OEWS wage level selected as of the registration date.
• Copy of the beneficiary's valid passport or travel document used at registration (if it expired after registration, include copies of both the old and new passports with an explanation).
• Evidence of educational credentials (or a final transcript or registrar's letter if all degree requirements are met but the diploma has not yet been awarded) and evidence of a bona fide specialty occupation position.
• Evidence of lawful status in the U.S. if requesting a change or extension of status (such as Form I-94, Form I-797, or SEVIS Form I-20 for current or former F-1 students), with no duplicate copies of the petition or evidence.

H-1B fees, payment limits and 2026 regulatory updates

H-1B filings involve registration fees, petition filing fees on USCIS Form G-1055, and three 2026 regulatory and court updates:

1. 9-11 Biometric Fee rule (effective September 9, 2026): Under a DHS final rule issued August 10, 2026, covered employers must submit the statutory 9-11 Response and Biometric Entry-Exit Fee for all H-1B and L-1 petitions postmarked or filed online on or after September 9, 2026, except for an amended petition that does not request an extension of stay. A petitioner is a covered employer if it employs 50 or more individuals in the United States and more than 50% of those employees are in H-1B, L-1A, or L-1B status.

2. Court order vacating the Presidential Proclamation payment guidance (June 8, 2026): A September 19, 2025 Presidential Proclamation required certain H-1B petitions filed at or after 12:01 a.m. Eastern on September 21, 2025, for beneficiaries outside the U.S. without a valid H-1B visa (or requesting consular/port of entry notification) to include a scheduled federal payment or a DHS Secretary national-interest exception. However, on June 8, 2026, the U.S. District Court for the District of Massachusetts vacated the agency guidance implementing that payment requirement in State of California v. Mullin, and on July 24, 2026, the First Circuit denied the government's motion to stay. DHS is complying with the court's order while considering next steps, though it plans to collect the payment if the order is later lifted.

3. Premium Processing inflation adjustment (effective March 1, 2026): On January 9, 2026, DHS announced a final rule adjusting Form I-907 premium processing fees for inflation from June 2023 through June 2025, effective for requests postmarked on or after March 1, 2026. Check USCIS Form G-1055 before filing, as USCIS rejects filings with an incorrect fee.

Fees from uscis.gov, as of November 2026

How long you can stay on an H-1B (and how to extend past 6 years)

As an H-1B specialty occupation worker, you may generally be admitted for an initial period of up to 3 years and extended for up to another 3 years, for a standard maximum stay of 6 years. If your employer files a timely, non-frivolous Form I-129 extension for the same job before your current H-1B expires, you are in a period of authorized stay and may continue working for up to 240 days after your H-1B expires while USCIS adjudicates the petition.

Once your Form I-140 immigrant worker petition is approved, your priority date is generally locked in unless revoked for fraud, willful misrepresentation, or agency error. If your employer withdraws the I-140 within 180 days of approval, USCIS automatically revokes the approval (you keep the priority date, but need a new basis to extend H-1B past 6 years). If the Form I-140 has been approved for at least 180 days, USCIS will not revoke the approval solely because the employer withdraws it or closes its business, and you can still use that I-140 to extend H-1B status beyond 6 years with any H-1B employer.

Several exceptions change or extend the 6-year clock:

• Up to 3-year extensions beyond 6 years (approved Form I-140): Under 8 CFR 214.2(h)(13)(iii)(E), you can extend H-1B status in up to 3-year increments if you have an approved EB-1, EB-2, or EB-3 Form I-140 and are eligible for a green card except that an immigrant visa number is unavailable in the Department of State Visa Bulletin due to per-country or worldwide limits.
• Up to 1-year extensions beyond 6 years (365-day rule): Under 8 CFR 214.2(h)(13)(iii)(D), you can extend H-1B status in up to 1-year increments if at least 365 days have passed since a permanent labor certification (PERM) or an immigrant visa petition (such as Form I-140) was filed on your behalf, provided you file to adjust status or apply for an immigrant visa within 1 year of a visa becoming available (unless USCIS excuses a late filing due to circumstances beyond your control).
• Recapturing time and seasonal exemptions: Only days physically spent in the U.S. in H-1B status count toward the 6-year limit, so any trip outside the U.S. lasting more than 24 hours can be recaptured using travel records. In addition, the 6-year limit does not apply if your U.S. H-1B work is seasonal, intermittent, or totals 6 months or less per year, and remaining outside the U.S. for 1 continuous year resets eligibility for a fresh 6-year period (subject to the cap if cap-subject).
• Beneficiary-owners (18-month rule): If you have a controlling interest in the petitioning company (owning more than 50% or holding majority voting rights), your company can sponsor you if you perform specialty occupation duties a majority of the time, but your initial petition and first extension are each limited to up to 18 months.

H-1B portability, job loss, and H-4 dependent rules

Changing employers (H-1B portability): If you are changing H-1B employers, you may begin working for the new employer as soon as they properly file a non-frivolous Form I-129 petition on your behalf, or as of the requested start date on that petition, whichever is later. To qualify, you must not have worked without authorization since your last admission to the United States, and the new petition must be filed before your current authorized stay expires.

60-day grace period and return transportation: If you are laid off, fired, quit, or otherwise cease employment, you may have a grace period of up to 60 consecutive days or until the end of your authorized validity period, whichever is shorter, to have a new employer file an H-1B petition, apply to change or adjust status, apply for a compelling circumstances EAD, or depart the United States. Your employer is liable for the reasonable costs of your return transportation if they terminate your employment before the end of your period of authorized stay, though not if you voluntarily resign.

H-4 dependent spouses and children: Your spouse and unmarried children under 21 years of age may apply for admission or a change or extension of status (using Form I-539) in the H-4 nonimmigrant classification. H-4 spouses and children can attend school in the United States without applying to change to F-1 student status. Once an H-4 child turns 21 or gets married, they are no longer eligible for H-4 status, though they may remain eligible to adjust status as a derivative under the Child Status Protection Act (CSPA).

H-4 spouse work authorization: H-4 dependents are not automatically authorized to work. However, an H-4 dependent spouse can file Form I-765, Application for Employment Authorization, once the H-1B worker is the beneficiary of an approved Form I-140 immigrant worker petition or has been granted an H-1B extension beyond 6 years under the 365-day PERM or Form I-140 rule.

Practice example

What will your duties be in the United States, and how does your degree qualify you for this role?

A strong, honest answer states your exact job title, your petitioning employer's name, and two or three concrete daily responsibilities in plain language that match your Form I-129 petition and certified Labor Condition Application. Next, connect those duties directly to the major and coursework of your bachelor's or higher degree (or your foreign equivalent degree and progressively responsible work experience). Avoid reciting a memorized paragraph from your employer's support letter. Instead, be ready to state your offered annual salary, the city and state of your worksite, and whether you will work at your employer's office or a third-party client location. Have your Form I-797 approval notice, Form I-129 copy, certified LCA (Form ETA-9035), and your original university diploma and transcripts organized in your folder so you can hand them over immediately if the officer asks to verify your credentials.

Consular officers ask this question to verify that your position is a bona fide H-1B specialty occupation and that there is a logical connection between your degree and the job duties listed on your Form I-129 and LCA.

This is interview practice, not legal advice. For questions about your own case, talk to an immigration attorney. Visaful is not affiliated with the U.S. government or the Department of State.