Updated November 12, 2026

HB-1 visa (H-1B specialty occupation): eligibility, FY 2027 lottery, fees and stay rules

If you searched for an HB-1 visa, the government classification is the H-1B nonimmigrant visa for temporary workers in specialty occupations requiring at least a bachelor's degree or its equivalent. USCIS caps new H-1B grants each fiscal year at 65,000 under the regular cap plus 20,000 for workers holding a U.S. master's degree or higher, while universities and qualifying research organizations can sponsor workers year-round without a cap. Your employer completes a Department of Labor wage attestation, lottery registration if cap-subject, and a Form I-129 petition before you apply for a visa abroad or change status.

What is the H-1B visa (often searched as HB-1) and who qualifies?

HB-1 visa is a common search spelling for the H-1B nonimmigrant classification. Under U.S. Citizenship and Immigration Services (USCIS) rules, the H-1B program lets U.S. employers temporarily hire foreign professionals in fields such as engineering, mathematics, architecture, physical and social sciences, medicine and health, education, accounting, law, business specialties, theology, and the arts.

For an H-1B specialty occupation, the job must require 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. Under 8 CFR 214.2(h)(4)(ii), directly related means a logical connection between the required degree and the position's duties. When a degree is normally required, normally means usual, typical, common, or routine rather than always.

• Position criteria (meet at least one): a U.S. bachelor's or higher degree in a directly related specialty is normally the minimum entry requirement for the occupation, is normally required in parallel positions across similar industry organizations, is normally required by the employer (or third party where you are staffed), or the duties are so specialized, complex, or unique that the knowledge needed is normally associated with such a degree.
• Worker criteria (meet at least one): 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, registration, or certification authorizing full practice in the state of employment, or have education, specialized training, or progressively responsible experience equivalent to a U.S. bachelor's degree with recognized expertise.
• State licensing: if your occupation requires a state or local license where you will work, you generally must hold that license before petition approval rather than at filing, and USCIS generally issues a request for evidence if proof is missing.

H-1B subcategories and Department of Labor LCA requirements

How the annual H-1B cap and cap exemptions work

Congress limits new H-1B grants each fiscal year to 65,000 under the regular cap. Up to 6,800 slots from that 65,000 are set aside for the H-1B1 program (1,400 for nationals of Chile and 5,400 for nationals of Singapore, per the Department of Labor), with unused numbers rolling into the next fiscal year's regular H-1B cap. Separately, Australian nationals have an E-3 specialty occupation category capped at 10,500 workers per year.

An additional 20,000 petitions are exempt under the advanced degree exemption (the master's cap) for beneficiaries who earned a master's or higher degree from a U.S. institution of higher education. By our calculation from USCIS statutory cap figures, the 65,000 regular cap and 20,000 master's exemption provide 85,000 cap-subject slots each fiscal year before H-1B1 adjustments. You must hold the qualifying U.S. advanced degree by the time Form I-129 is filed.

• Cap-exempt employers: U.S. institutions of higher education, their affiliated or related nonprofit entities, nonprofit research organizations, and government research organizations can file year-round without entering the lottery.
• Guam and CNMI exemption: H-1B workers performing labor or services in Guam or the Commonwealth of the Northern Mariana Islands are cap-exempt if the petition is filed before December 31, 2029.
• Concurrent and transition rules: while employed in a cap-exempt job, you can work concurrently for a cap-subject employer once that employer properly files a non-frivolous Form I-129 (or on its requested start date, whichever is later). Leaving cap-exempt work entirely for a cap-subject company requires winning the lottery unless you were previously counted toward the cap.

FY 2027 electronic registration and the wage-weighted lottery

Cap-subject employers must register each prospective worker through a USCIS organizational account during an initial window of at least 14 calendar days. For FY 2027, registration opened March 4 at noon Eastern, closed March 19 at 5:00 p.m. Eastern, had selection notices scheduled by March 31, and opened petition filing on April 1 within a 90-day filing window. USCIS received enough petitions to reach both the 65,000 regular cap and the 20,000 master's cap for FY 2027.

Starting in FY 2027, USCIS pairs beneficiary-centric selection with a weighted lottery based on Occupational Employment and Wage Statistics (OEWS) wage levels for the job's Standard Occupational Classification (SOC) code and work area. Unique beneficiaries assigned OEWS wage level IV enter the selection pool 4 times, level III enters 3 times, level II enters 2 times, and level I enters 1 time. For multiple work locations or a salary range, the registrant must select the lowest corresponding OEWS wage level. USCIS runs the regular cap selection first across all eligible beneficiaries, including U.S. advanced degree holders, and then selects the 20,000 master's cap from remaining eligible advanced degree beneficiaries.

Each unique beneficiary counts only once toward the cap regardless of how many unrelated employers register them, and every valid registrant receives a selection notice if that worker is picked. However, one employer may submit only one registration per beneficiary per fiscal year. Duplicate submissions by the same registrant invalidate all registrations from that employer for that worker, with no appeal and no refund.

By our calculation from the USCIS registration table below, eligible registrations for workers with multiple entries dropped from 408,891 in FY 2024 to 7,828 in FY 2026, a reduction of 401,063 registrations.

USCIS H-1B cap registration and selection totals, FY 2021 to FY 2026

Step-by-step H-1B process: from DOL labor certification to CBP entry

Your employer handles the Department of Labor attestation and USCIS petition filings, while you complete visa stamping abroad (if needed) and border inspection. You can look up employer petition decisions from FY 2009 through FY 2026 quarter 4 in the USCIS H-1B Employer Data Hub.

• Step 1, Labor Condition Application (LCA): your employer files Form ETA-9035E electronically via the Department of Labor's Foreign Labor Application Gateway (FLAG) system no more than 6 months before your start date. The Department of Labor reviews LCAs within 7 working days. The employer attests it will pay at least the actual wage paid to similarly qualified workers or the local prevailing wage (whichever is greater, updated for the July 1 through June 30 wage year), protect working conditions, confirm no strike or lockout, and notify the union representative or post worksite notice.
• Step 2, Cap registration (if cap-subject): your employer submits one registration with your valid, unexpired passport or travel document details and offered OEWS wage level.
• Step 3, Form I-129 petition: your employer files Form I-129 (09/09/26 edition) online or by mail no more than 6 months before your start date (October 1 or later for cap petitions, with online receipt dates recorded in Coordinated Universal Time). Supporting items include the certified LCA, H supplements, Part 6 controlled technology certification, degree evidence, and status records such as Form I-94 and SEVIS Form I-20 for current or former F-1 students.
• Step 4, Visa and CBP admission: after Form I-129 approval (Form I-797), workers abroad apply at a U.S. embassy or consulate for an H-1B visa if required, then seek entry from U.S. Customs and Border Protection (CBP) carrying their passport, visa, and Form I-797. CBP issues an electronic 11-character alphanumeric Form I-94 on the CBP I-94 website or CBP Link mobile app.

H-1B registration fees, petition costs and 2026 court updates

USCIS rejects any H-1B petition submitted with an incorrect fee and never accepts cash. Employer Form I-129 base fees and surcharges appear in Form G-1055, Fee Schedule (10/26/26 edition, published October 28, 2026).

Three 2026 updates affect employer filings. First, effective March 1, 2026, DHS raised Form I-907 premium processing fees for inflation from June 2023 through June 2025, rejecting postmarked filings with the old fee. Second, under an August 10, 2026 final rule effective September 9, 2026, covered employers (50 or more U.S. employees with more than 50 percent in H-1B, L-1A, or L-1B status) must pay the 9-11 Biometric Fee on all H-1B petitions except amendments not extending stay.

Third, a September 19, 2025 Presidential Proclamation required an additional payment (listed in the table below) for certain 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 or requesting consular notification. On June 8, 2026, the U.S. District Court for the District of Massachusetts vacated the agency guidance implementing that payment, and on July 24, 2026, the First Circuit denied a stay. DHS is complying with the court order while considering next steps, though it plans to collect the payment if the order is lifted.

The Department of Labor's Wage and Hour Division enforces LCA wage rules, launched Project Firewall on September 19, 2025, and accepts worker complaints on Form WH-4. Willful violators face back-wage orders, civil penalties adjusted annually by January 15, random investigations for up to 5 years, and debarment for at least 1 year.

Fees from uscis.gov, as of November 2026

Stay limits, green card extensions, job transfers, grace period and H-4 family

H-1B specialty occupation workers may generally be admitted for up to 3 years initially and extended for up to 3 years, for a 6-year standard maximum. If you hold a controlling interest in the petitioning entity (more than 50 percent ownership or majority voting rights), your initial approval and first extension are each limited to up to 18 months.

Always check your Form I-94 after arrival. If your CBP Form I-94 expires earlier than your Form I-797 approval notice, the shorter I-94 date governs, and you or your family must extend stay, seek another benefit, or depart before it expires.

• Extensions beyond year 6: USCIS grants up to 3-year increments if you have an approved EB-1, EB-2, or EB-3 petition and a visa number is unavailable at filing, or up to 1-year increments if a labor certification or immigrant petition was filed at least 365 days earlier (provided you apply to adjust status or for an immigrant visa within 1 year of visa availability, unless excused).
• Portability (changing jobs): you can start working for a new H-1B employer (or start amended terms with your current employer) once they properly file a non-frivolous Form I-129 before your authorized stay expires, or on the requested start date, whichever is later, if you have not worked without authorization since your last admission.
• 60-day grace period and return fare: if laid off, fired, or resigning, you have up to 60 consecutive days or until your authorized validity period ends, whichever is shorter, to have a new petition filed, change status, or leave. Employers who terminate you early must pay reasonable return transportation costs abroad.
• H-4 dependents and spouse EAD: your spouse and unmarried children under 21 qualify for H-4 status. Certain H-4 spouses can request work authorization on Form I-765 once you start seeking employment-based permanent residence. Packaging dependent Form I-539 and Form I-765 with your Form I-129 at the same time and location lets USCIS review them together.

Checklist for H-1B workers before filing and traveling

Our team built this checklist from USCIS, Department of Labor, and CBP filing rules to help you prevent avoidable rejections and border errors.

• Give one valid passport at registration: use a single current, unexpired passport. If you renew it before Form I-129 filing, include copies of both passports with a written explanation.
• Verify degree evidence before filing: provide your diploma and English-translated transcripts, or a final transcript or registrar letter confirming all degree requirements are met.
• Obtain required state licenses early: make sure any mandatory state license is issued before USCIS adjudicates Form I-129.
• Match details across all forms: check that your name, birth date (mm/dd/yyyy), worksite city, state, county, salary, and SOC code align across the registration, LCA, and Form I-129 (a 6-digit SOC on Form I-129 can pair with an 8-digit O*NET-SOC in the same group on the LCA).
• Maintain status through October 1: for inside-the-US cap change-of-status filings (such as F-1 students with Form I-20), submit proof of valid status through the requested start date.
• Bundle H-4 filings and check Form I-94 after travel: submit dependent Forms I-539 and I-765 in the same Form I-129 package, carry your original Form I-797 when traveling, and verify your Admit Until Date on the CBP I-94 site after every entry.

Practice example

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

State your exact job title, your petitioning employer's name, and the city and state where you will work, making sure all three match your Form I-129 and certified Labor Condition Application. Describe your core duties in two or three plain sentences without company acronyms so the consular officer hears how the role applies specialized knowledge. Connect those duties directly to the major of your U.S. or equivalent foreign bachelor's or higher degree, or explain the progressive experience evaluated as your degree equivalent. If staffed at a third-party client site, name the client and explain how your employer supervises your work. Keep your Form I-797 approval notice, certified Form ETA-9035E copy, diploma, transcripts, and any required state license ready in your folder.

The consular officer checks that your daily duties, worksite, and academic credentials match the specialty occupation approved on Form I-129 and certified on your Labor Condition Application. Plain, specific facts show the logical connection between your degree and the role.

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.