Updated November 12, 2026

H-1B visa rules: 2026 updates, weighted lottery, cap, fees, and stay limits

The H-1B visa rule lets U.S. employers hire foreign professionals in specialty occupations requiring at least a bachelor's degree or equivalent in a directly related field. USCIS sets an annual regular cap of 65,000 visas, plus 20,000 for U.S. master's or higher degree holders. Initial stays last up to 3 years and extend to 6 years total, or longer for workers in the green card backlog. Starting with the FY 2027 cap season, DHS weights lottery selection by wage tier from 4 entries at Level IV down to 1 entry at Level I, while a federal court vacated the September 2025 proclamation entry payment in June 2026.

What changed under the new H-1B visa rules for 2026 and FY 2027?

Five federal updates now govern H-1B cap selection, company founders, petition fees, and workplace audits.

First, DHS replaced pure random cap selection with a wage-weighted lottery.

Second, USCIS continues its beneficiary-centric selection process, introduced in FY 2025 so lottery draws select unique people rather than individual employer registrations to prevent employers from colluding to gain unfair lottery advantages. Over the same period, the share of eligible registrations selected rose from 24.82% (188,400 of 758,994) to 34.93% (120,141 of 343,981).

Third, a federal court blocked the September 19, 2025 Presidential Proclamation entry payment. That proclamation had required a large extra payment on petitions filed at or after 12:01 a.m. Eastern on September 21, 2025 for beneficiaries outside the United States without a valid H-1B visa. It also covered petitions requesting consular, port-of-entry, or pre-flight notification, while exempting valid H-1B visas and approved in-country extensions, amendments, or changes of status. On June 8, 2026, the U.S. District Court for the District of Massachusetts vacated agency guidance implementing that payment in State of California v. Mullin. On July 24, 2026, the First Circuit denied a stay, and USCIS confirms DHS is complying with the court order.

Fourth, an August 10, 2026 DHS final rule, effective September 9, 2026, requires covered employers to pay the 9-11 Biometric Fee on all H-1B petitions except non-extending amendments. DHS also raised premium processing fees effective March 1, 2026 for inflation from June 2023 through June 2025. Fifth, the December 18, 2024 modernization rule codified 18-month validity limits for majority beneficiary-owners, USCIS deference to prior approvals, F-1 cap-gap extensions, and site visits. On the enforcement side, the Department of Labor launched Project Firewall on September 19, 2025.

FY 2027 H-1B weighted selection entries by OEWS wage tier (USCIS, effective February 27, 2026)

What qualifies as an H-1B specialty occupation?

Under 8 CFR 214.2(h)(4), an H-1B specialty occupation requires the theoretical and practical application of a body of highly specialized knowledge and at least a U.S. bachelor's degree or its equivalent in a directly related specific specialty. Directly related means a logical connection between the required degree and the job duties. Normally in USCIS position criteria means usual, typical, common, or routine, not always.

If a state or local license is needed to fully practice the occupation in the state of employment, you generally must hold it before petition approval rather than at filing, or USCIS issues a request for evidence. Two related categories also sit under H-1B. H-1B2 covers Department of Defense cooperative research and development workers without a Labor Condition Application, and H-1B3 covers fashion models of distinguished merit and ability with a certified Labor Condition Application.

To qualify for H-1B specialty occupation status, the job must meet at least one position criterion below and you must meet one worker qualification path.

• Position criterion 1: A U.S. bachelor's or higher degree in a directly related specialty, or its equivalent, is normally the minimum entry requirement for the occupation.
• Position criterion 2: Parallel positions among similar organizations in the employer's U.S. industry normally require that degree.
• Position criterion 3: The employer (or third party where you will be staffed) normally requires that degree for the role.
• Position criterion 4: The specific duties are so specialized, complex, or unique that performing them is normally associated with that degree.
• Worker qualification paths: Hold an accredited U.S. bachelor's or higher degree required by the specialty, hold an equivalent foreign degree, hold an unrestricted state license for full immediate practice, or have education, specialized training, and progressively responsible experience equivalent to a U.S. bachelor's degree with recognized expertise.

How the 65,000 H-1B cap, master's cap, and cap exemptions work

Congress caps new H-1B approvals at 65,000 each fiscal year under the regular cap. Up to 6,800 numbers from that 65,000 are reserved for H-1B1 nationals of Chile (1,400) and Singapore (5,400), with unused slots rolling into the next fiscal year's regular H-1B cap. Australian specialty workers use a separate E-3 program capped at 10,500 annually.

Another 20,000 petitions are exempt for beneficiaries holding a master's or higher degree from a U.S. institution of higher education. USCIS runs the 65,000 regular selection first across all properly submitted registrations, including U.S. master's candidates, and then selects 20,000 from the remaining master's pool. Master's cap selectees must earn that qualifying U.S. degree by the day Form I-129 is filed, or USCIS rejects or denies the petition.

You can skip the annual cap and lottery year-round if you are petitioned for or employed at one of these cap-exempt organizations.

• U.S. institutions of higher education and their related or affiliated nonprofit entities.
• Nonprofit research organizations and governmental research organizations.
• Employers hiring H-1B workers for labor or services in Guam or the Commonwealth of the Northern Mariana Islands on petitions filed before December 31, 2029.
• Concurrent cap-subject employers, provided you keep working in a valid cap-exempt H-1B job and the cap-subject sponsor files a non-frivolous Form I-129.

How to register for the H-1B lottery and file Form I-129 step by step

Cap-subject sponsorship moves across USCIS, the Department of Labor (DOL), the State Department, and U.S. Customs and Border Protection (CBP). Online registration and Form I-129 timestamps use Coordinated Universal Time (UTC) rather than local time. Our team's filing checklist puts each stage in order.

• Step 1, Create organizational accounts: Every prospective employer must set up a USCIS organizational account, even when represented by counsel. Bulk upload templates handle up to 2,500 beneficiaries.
• Step 2, Register in March (at least 14 calendar days): For FY 2027, registration runs from noon Eastern on March 4 through 5:00 p.m. Eastern on March 19, 2026. Enter the worker's valid passport or travel document, SOC code, work city, state, and county, master's cap status, and highest qualifying OEWS wage level. If one employer submits duplicate entries for a beneficiary and fails to delete extras before closing, USCIS invalidates all entries from that employer for that worker without a refund or appeal.
• Step 3, Check March 31 selection notices: USCIS posts selection notices in online accounts by March 31. If a unique beneficiary is selected, every employer that registered them can file, and the worker chooses which offer to pursue.
• Step 4, Certify the LCA with DOL: Submit Form ETA-9035E electronically in DOL's FLAG system no more than 6 months before the start date. DOL reviews LCAs within 7 working days.
• Step 5, File Form I-129 in the 90-day window starting April 1: Include the Selection Notice, Beneficiary Confirmation Number (page 13), certified LCA, degree or final transcript or registrar letter, OEWS wage-level evidence as of registration, and registration passport (plus any renewed passport). A 6-digit SOC code on Form I-129 can pair with an 8-digit O*NET-SOC code on the LCA. Request an October 1 or later start date (never ASAP), within 6 months of receipt.
• Step 6, Change status or complete visa stamping: Eligible workers in the United States change status on October 1, while workers abroad get an embassy visa and pass CBP port-of-entry inspection to receive an electronic Form I-94.

What are the H-1B fees and who has to pay them?

DOL rules prohibit employers from allowing or requiring an H-1B worker to pay the USCIS petition filing fee or any early cessation penalty. USCIS allows no fee waiver on Form I-129 and rejects filings with incorrect fees. Alongside the fees in the table below, petitioners must check USCIS Form G-1055 for the current Form I-129 base filing fee, the Fraud Prevention and Detection Fee on initial H-1B grants or employer changes, and optional Form I-907 premium processing.

Under the DHS rule effective September 9, 2026, covered employers (50 or more U.S. employees with more than 50% in H-1B, L-1A, or L-1B status) must also pay the 9-11 Biometric Fee on all H-1B petitions except non-extending amendments. Higher education institutions, affiliated or research nonprofits, government research bodies, K-12 schools, clinical training nonprofits, and second or later extensions with the same employer are exempt from the ACWIA fee.

Fees from uscis.gov, as of November 2026

What employers must do for the LCA and DOL Project Firewall

On Form ETA-9035E, the employer bears the burden of proof that its wage and workplace attestations are accurate. The Department of Labor launched Project Firewall on September 19, 2025 to protect U.S. workers' wages and job opportunities. Under H-1B enforcement rules, its Wage and Hour Division opens investigations from four triggers: Form WH-4 complaints, credible information from a reliable source, random checks within 5 years of a willful violation, or Secretary-certified reasonable cause.

Violations carry back wages, civil money penalties adjusted yearly for inflation by January 15, and debarment for at least 1 year. Employers have 15 days to request an administrative law judge hearing and 30 days to appeal to the Administrative Review Board. Use our team's checklist to stay compliant.

• Pay the required wage: Pay at least the higher of the actual wage paid to similarly qualified company workers or the local prevailing wage, plus all business-related expenses and equal fringe benefits.
• Post notice and share the LCA: Confirm there is no strike or lockout, notify the union or post worksite notices, and give the H-1B worker a copy of the certified LCA.
• Report material changes: Obtain a new LCA when moving permanent worksites and notify USCIS of status changes or employment termination.
• Follow H-1B-dependent rules: H-1B-dependent and willful violator employers must recruit U.S. workers first, hire equally or better qualified U.S. applicants, and avoid displacing U.S. workers from 90 days before to 90 days after filing or secondary client placement.

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

H-1B status runs up to 3 years initially and extends up to 6 years total. If you are a beneficiary-owner holding more than 50% ownership or majority voting rights in the petitioner, you must perform specialty duties a majority of the time, and both your initial petition and first extension are capped at 18 months each.

Trips outside the United States lasting more than 24 hours do not count toward the 6-year limit and can be recaptured with travel records. Seasonal or intermittent H-1B work (or 6 months or less per year) has no 6-year limit, and 1 continuous year abroad resets eligibility for a new 6-year period subject to the cap.

Beyond year 6, you have two main paths to extend your stay. USCIS grants extensions in up to 3-year increments under 8 CFR 214.2(h)(13)(iii)(E) if you hold an approved EB-1, EB-2, or EB-3 Form I-140 and a visa number is unavailable in the Visa Bulletin. Alternatively, USCIS grants extensions in up to 1-year increments under 8 CFR 214.2(h)(13)(iii)(D) if at least 365 days have passed since a PERM labor certification or Form I-140 was filed for you. For the 1-year extension, you must apply to adjust status or seek an immigrant visa within 1 year of a visa becoming available, unless USCIS excuses a delay beyond your control.

A timely same-employer extension authorizes work for up to 240 days past Form I-94 expiration. Departing the country abandons a pending change of status, though generally not an extension. With a pending Form I-485, you can travel and reenter without Advance Parole if you return to the same authorized employer with a valid H-1B visa. You can also reenter using an approved Advance Parole document or a 5-year EAD and Advance Parole combo card.

Changing H-1B jobs, the 60-day grace period, H-4 family rules, and interviews

Under H-1B portability, lawfully admitted workers in valid status with no unauthorized work can start at a new H-1B employer (or in amended duties) as soon as a non-frivolous Form I-129 is properly filed. Approved Form I-140 petitions lock in priority dates, survive employer withdrawal once approved at least 180 days, and port to same or similar roles (including self-employment) via Form I-485 Supplement J after Form I-485 has been pending 180 days under INA 204(j).

After a layoff or resignation, you get up to 60 consecutive days or until Form I-94 expiration, whichever is shorter. Employers must pay reasonable return transportation abroad after involuntary termination, and USCIS can excuse status lapses caused by retaliation for reporting LCA violations. Within those 60 days, you can stay in authorized stay through a new employer's Form I-129 transfer, a Form I-539 change of status, a Form I-485 filing, or a 1-year Compelling Circumstances EAD (which ends nonimmigrant status).

Spouses and unmarried children under 21 qualify for H-4 status (which does not count toward their own 6-year H-1B limit). H-4 spouses can file Form I-765 for work authorization once the H-1B worker has an approved Form I-140 or a post-6th-year extension under the 365-day rule. Children lose H-4 status when they turn 21 or marry, though the Child Status Protection Act (CSPA) may still protect their green card eligibility.

Although the State Department previously ran a domestic visa renewal pilot, workers needing a new visa stamp generally apply at a U.S. embassy or consulate abroad. You then complete CBP inspection at the port of entry, where your electronic Form I-94 sets your departure deadline. Have these facts ready for both officers.

• Specialty duties and degree connection: Explain your core duties plainly and how they connect to your bachelor's or higher degree.
• Wage, worksite, and client papers: Confirm your salary and work city match Form ETA-9035E, and carry client-site letters if placed offsite.
• Passport continuity: Bring your valid passport plus any expired passport listed on your March cap registration.

Practice example

What will your job duties be, and how does your degree qualify you for this role?

Start by naming your exact job title, your petitioning employer, and the city and state where you will work, making sure all three match your Form I-129 and certified Form ETA-9035E Labor Condition Application. Next, describe two or three core technical duties in plain language rather than HR jargon, showing why the role requires specialized theoretical and practical knowledge. Connect those duties directly to the specific major of your bachelor's or higher degree, naming your accredited university and graduation year. Keep your Form I-797 approval notice, certified LCA, employer letter, and diploma or final transcript ready in your folder in case the officer asks. If you work at a client site or need a state license, know the client name, worksite address, and license status cold before stepping up to the window.

Consular and CBP officers check two H-1B rules at once: that the job meets the specialty occupation standard with a logical connection to your degree, and that your real duties, salary, and worksite match your employer's certified LCA and Form I-129.

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.