Updated November 11, 2026

H-1B visa in the United States: requirements, cap lottery, and filing process

The H-1B visa lets United States employers temporarily hire foreign workers in specialty occupations that require specialized knowledge and at least a bachelor's degree or its equivalent. Congress caps new H-1B approvals at 65,000 per fiscal year, plus 20,000 for workers holding a U.S. master's or higher degree, according to USCIS. Initial admission lasts up to 3 years and can be extended to 6 years total, with further extensions available for workers in the permanent residence process.

What is the H-1B visa and who qualifies?

The H-1B is a temporary nonimmigrant work classification in the United States. USCIS divides it into three subcategories: H-1B for specialty occupations, H-1B2 for Department of Defense cooperative research and development projects, and H-1B3 for fashion models of distinguished merit and ability.

To qualify as an H-1B specialty occupation, the job must require the theoretical and practical application of highly specialized knowledge. It must also require at least a bachelor's degree in a directly related specialty, or its equivalent, as the minimum entry standard in the United States. Under USCIS rules, directly related means there is a logical connection between the degree and the job duties, and normally means usual, typical, common, or routine rather than always.

The offered job must meet at least one of four USCIS specialty occupation criteria:

• 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.
• The degree requirement is common to the industry in parallel positions among similar organizations in the United States.
• The employer, or the third party where the worker will be staffed, normally requires the degree or its equivalent for the position.
• The specific duties are so specialized, complex, or unique that the knowledge required to perform them is normally associated with a bachelor's or higher degree in a directly related specific specialty.

H-1B subcategories and baseline requirements

Worker credentials, state licensing, and startup founders

Once the position qualifies, you must show you satisfy the worker requirements. You must meet one of four pathways: hold a U.S. bachelor's or higher degree required by the specialty occupation from an accredited college or university, hold an equivalent foreign degree, hold an unrestricted state license authorizing you to fully practice the specialty occupation in the state of intended employment, or show education, specialized training, and progressively responsible experience equivalent to a U.S. bachelor's degree in the specialty.

If the state or local jurisdiction where you will work requires a professional license to fully practice the occupation, you generally must hold that license before USCIS approves the petition, rather than at the time of initial filing. When a license is required and the filing lacks evidence of one, USCIS generally issues a Request for Evidence.

Entrepreneurs and startup founders can also use the H-1B program. Under the DHS rule published December 18, 2024, a company in which you hold a controlling interest (owning more than 50 percent of the petitioner or possessing majority voting rights) may petition for your H-1B status as a beneficiary owner. You must perform specialty occupation duties a majority of the time, though you may also perform non-specialty duties directly related to directing your company. For beneficiary owners, USCIS limits the initial petition approval and the first extension approval to up to 18 months each.

The annual numerical cap, exemptions, and the weighted lottery

Congress limits new H-1B approvals to 65,000 each fiscal year, known as the regular cap. Up to 6,800 visas from that 65,000 are set aside for the H-1B1 program under U.S.-Chile (1,400) and U.S.-Singapore (5,400) free trade agreements, with unused numbers returning to the next fiscal year's regular cap. Australia's E-3 specialty occupation program has its own separate 10,500 annual limit.

An additional 20,000 petitions are exempt from the cap for beneficiaries holding an earned master's degree or higher from a U.S. institution of higher education. USCIS runs the regular cap selection first across all registrations (including advanced degree holders) and then selects from remaining eligible U.S. advanced degree registrations to fill the 20,000 exemption. Beneficiaries selected under the advanced degree exemption must hold the qualifying degree at the time Form I-129 is filed.

Certain employers are exempt from the cap entirely. These include U.S. institutions of higher education, related or affiliated nonprofit entities, and nonprofit or government research organizations. In addition, petitions filed before December 31, 2029, for workers performing labor or services in Guam or the Commonwealth of the Northern Mariana Islands (CNMI) are cap-exempt.

USCIS uses a beneficiary-centric selection process where each unique beneficiary is entered once toward selection projections, regardless of how many employers register for them. In FY 2026, USCIS recorded about 339,000 eligible unique beneficiaries and 343,981 eligible registrations (a 26.9 percent drop from 470,342 in FY 2025), averaging 1.01 registrations per beneficiary. By our calculation from USCIS's historical registration table, the 120,141 selected registrations in FY 2026 represent 34.9 percent of the 343,981 eligible registrations, compared with 28.7 percent (135,137 of 470,342) in FY 2025.

Effective February 27, 2026, starting with the FY 2027 cap season, USCIS weights selection using wage levels. Your entry count depends on the highest Occupational Employment and Wage Statistics (OEWS) wage level your offered salary equals or exceeds for your Standard Occupational Classification (SOC) code in your work area. Beneficiaries assigned Wage Level IV receive 4 entries, Level III receive 3 entries, Level II receive 2 entries, and Level I receive 1 entry. If working in multiple locations or if the salary is a range, the employer must select the lowest corresponding OEWS wage level.

H-1B electronic registration and selection history (FY 2021 to FY 2026)

Step-by-step H-1B application process from registration to entry

An H-1B worker cannot self-file without a sponsoring company. The employer drives the petition across four connected stages: electronic registration (for cap-subject roles), obtaining a certified Labor Condition Application (LCA) from the Department of Labor, filing Form I-129 with USCIS, and completing consular stamping or change of status.

For the FY 2027 cap season, the initial electronic registration period runs from noon Eastern on March 4 through 5:00 p.m. Eastern on March 19 (at least 14 calendar days). USCIS intends to notify selected registrants by March 31, and employers may begin filing cap-subject Form I-129 petitions on April 1. Follow this chronological checklist to manage every requirement:

• Set up a USCIS organizational account: The employer creates an Organization account to collaborate with legal counsel and review Form G-28 and registrations.
• Submit electronic registration in March: Pay the registration fee in the table below, entering the beneficiary's unexpired passport details, SOC code, worksite location (city, state, and county), and OEWS wage level. Check for duplicates before submitting. If the same employer submits more than one registration for the same worker and does not delete the duplicate before the March 19 close, USCIS invalidates all registrations by that employer for that worker without refund.
• Obtain a certified LCA (Form ETA-9035/9035E): File the LCA through the Department of Labor's FLAG system no more than 6 months before the employment start date. The Department of Labor reviews LCAs within 7 working days for completeness and obvious inaccuracies.
• Post the LCA notice and maintain the public access file: On or before filing the LCA, the employer must notify the bargaining representative or post physical or electronic notice at the worksite, and make the LCA file available for public inspection within 1 working day after filing.
• File Form I-129 during the 90-day window: For selected registrations, submit Form I-129 online or by mail within the designated 90-day filing period, indicating a start date of October 1 or later. Include the H Classification Supplement (listing the Beneficiary Confirmation Number on page 13), the H-1B Data Collection Supplement, the Registration Selection Notice, the certified LCA, wage level evidence, degree documents, and the passport copy.
• Handle courier delivery issues if needed: If the courier confirms your paper package was damaged, delayed, or misrouted, you may refile a second petition with new fees before the 90-day window closes. Include proof from the courier and a written request to withdraw the first filing.
• Complete consular processing or change of status: Workers inside the United States in valid status may change status on the approved petition's start date. Workers abroad apply for an H-1B visa stamp at a U.S. embassy or consulate, then request entry from CBP at a port of entry, where CBP generates an electronic Form I-94 arrival record.

Department of Labor wage rules, fees, and enforcement

Under the Immigration and Nationality Act, an H-1B employer must attest on the LCA that it will pay the higher of the actual wage paid to similarly qualified workers or the prevailing wage for the occupation in the area of employment. The employer must also provide working conditions that do not adversely affect similarly employed workers, confirm no strike or lockout is ongoing, and provide proper notice of filing. On September 19, 2025, the Department of Labor launched Project Firewall, an enforcement initiative where the Secretary of Labor may personally certify reasonable cause to investigate employer compliance.

Employers must continue paying full wages even if an H-1B worker is placed in nonproductive status due to lack of work or lack of a state license. Employers must also offer H-1B workers health, retirement, and bonus benefits on the same basis as U.S. workers, and cannot require workers to pay a penalty for resigning early or reimburse employer filing expenses.

An employer is classified as H-1B-dependent under INA section 212(n)(3) if it employs 25 or fewer full-time equivalent (FTE) U.S. workers and more than 7 H-1B workers, 26 to 50 FTEs and more than 12 H-1B workers, or at least 51 FTEs with at least 15 percent H-1B workers. Dependent employers and willful violators must make additional recruitment and non-displacement attestations unless the petition is for an exempt H-1B worker who earns at least the annual wage threshold in the table below or holds a related master's or higher degree.

Government fees, credit card transaction caps, and statutory civil monetary penalties from government sources are summarized in the table below. On June 8, 2026, the U.S. District Court for the District of Massachusetts vacated agency guidance implementing the Presidential Proclamation payment listed below, and on July 24, 2026, the First Circuit denied a stay pending appeal. USCIS states it is complying with the court's order while considering next steps, but plans to collect the payment if the order is lifted. Under a DHS final rule effective September 9, 2026, covered employers (50 or more U.S. employees with more than 50 percent in H-1B or L-1 status) must submit the statutory 9-11 Biometric Fee with all H-1B petitions except amendments that do not extend stay.

Fees, limits, and penalties from uscis.gov and dol.gov, as of November 2026

Duration of stay, changing employers, and the 60-day grace period

As an H-1B specialty occupation worker, you are generally admitted for an initial period of up to 3 years. This period can be extended for up to another 3 years, for a standard maximum stay of 6 years. Only time spent physically inside the United States counts toward this 6-year limit. Time spent abroad exceeding 24 hours does not count toward your 6-year limit and can be recaptured when your employer files an extension petition with travel evidence such as passport stamps and Form I-94 records. If your employer files a timely extension of stay for the same role before your status expires, you are authorized to continue working for up to 240 days while USCIS reviews the petition.

You can extend your stay beyond 6 years under certain permanent residence rules. If at least 365 days have passed since your employer filed a labor certification or Form I-140 immigrant petition on your behalf, USCIS may grant extensions in 1-year increments. If you are the beneficiary of an approved Form I-140 in the EB-1, EB-2, or EB-3 categories but cannot apply for a green card because immigrant visas are unavailable under per-country limits, USCIS can grant extensions in up to 3-year increments.

Under H-1B portability rules, you do not have to wait for petition approval to switch jobs. You may begin working for a new employer as soon as they properly file a non-frivolous Form I-129 on your behalf, or as of the requested start date, whichever is later. To qualify, you must be in valid H-1B status and must not have worked without authorization since your last admission to the United States.

If you are laid off, fired, quit, or otherwise cease working, you have a grace period of up to 60 consecutive days, or until your current Form I-94 expires, whichever is shorter. During this window, you can have a new employer file an H-1B petition, apply to change to another status, apply to adjust status, or apply for a compelling circumstances EAD. If your employer terminates your employment before your authorized stay ends, they are legally liable for the reasonable costs of your return transportation abroad. They are not liable if you resign voluntarily.

H-4 dependents, green card porting, and travel with pending petitions

Your spouse and unmarried children under age 21 may accompany you in H-4 status for the same duration as your H-1B stay. Time spent in H-4 status does not count against their own 6-year H-1B clock if they later switch to H-1B. When a child turns 21 or marries, they lose H-4 status and must change to another nonimmigrant classification, though the Child Status Protection Act (CSPA) may protect their eligibility to adjust status as a derivative on your green card. An H-4 spouse is not automatically authorized to work, but may apply for an EAD using Form I-765 once the H-1B worker has an approved Form I-140 or has received an AC21 extension beyond 6 years.

During the permanent residence process, once your Form I-140 has been approved for at least 180 days, USCIS will not revoke that approval solely because the employer withdraws it or closes, allowing you to retain your priority date (unless revoked for fraud, misrepresentation, or agency error). Once your Form I-485 adjustment application has been pending for at least 180 days, INA section 204(j) allows you to port your job offer to a new position in the same or a similar occupational classification by submitting Form I-485 Supplement J. EAD and Advance Parole combo cards issued to pending I-485 applicants are generally valid for 5 years.

Before traveling abroad while a petition is pending with USCIS, review how departure affects your status:

How international travel affects pending H-1B and green card filings

Practice example

What will your day-to-day duties be at this company, how does your degree qualify you for the role, and what salary will you be paid?

A strong, honest answer gives three exact facts in two or three sentences: your specific job title and core technical responsibilities, the exact bachelor's or higher degree you hold and how its coursework directly relates to those tasks, and your annual base salary and worksite city and state. Before your interview, review your employer's Form I-129 petition, your certified Labor Condition Application (Form ETA-9035), and your Form I-797 approval notice so the salary, Standard Occupational Classification (SOC) role, and work location you state at the window match your paperwork to the dollar and city. If you will work at a third-party client site or in a hybrid setup, be ready to name the client, the physical worksite address listed on the LCA, and who supervises your daily work. Have your original degree diploma, transcripts, any required state license, and a copy of the certified LCA and Form I-129 in your folder to hand over if the officer asks.

The consular officer is verifying that your position is a genuine specialty occupation requiring a directly related degree, that you hold the qualifying credentials, and that your employer is paying at least the prevailing and actual wage stated on the 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.