The H-1B visa: requirements, lottery, fees and limits

Who qualifies for an H-1B visa?

The H-1B is the main U.S. visa for professional employees. It suits people with at least a U.S. bachelor's degree, or a foreign equivalent, in a field directly related to the job: software engineers, data scientists, accountants, architects, physicians, teachers, financial analysts and many others. The employer is the petitioner and controls the process; you cannot apply for an H-1B on your own.

H-1B visa requirements

A specialty occupation

The job must normally require a bachelor's or higher degree in a specific specialty, or its equivalent. USCIS looks at whether the degree requirement is standard for the role in the industry, whether this employer normally requires it, and whether the duties are complex or specialized enough. A generic "any bachelor's degree" requirement is generally not enough.

The worker's qualifications

The worker generally needs a degree in the related field, a foreign degree evaluated as equivalent, a required state license (for example, for physicians), or a combination of education and progressively responsible experience. A common rule of thumb is three years of specialized experience for each year of missing university study, but evaluations are case-specific.

Wages and the LCA

Before filing, the employer must obtain a certified Labor Condition Application (LCA) from the Department of Labor. In it, the employer promises to pay at least the higher of the actual wage paid to similar employees and the prevailing wage for the job and location, to provide working conditions that do not harm U.S. workers, and to post notice of the filing. LCAs are filed online through DOL's FLAG system, carry no government fee, and DOL usually acts within about seven working days. DOL proposed in March 2026 to raise the prevailing wage levels; as of October 2026 that rule is not final.

The cap and the lottery

Congress caps new H-1B workers at 65,000 a year, plus 20,000 for people with a U.S. master's or higher degree. Up to 6,800 of the regular numbers are set aside for the separate H-1B1 categories for Chile and Singapore. Because demand exceeds supply, employers first submit a short online registration in March. USCIS then runs a random selection, and only selected registrations can lead to a petition.

Since the FY 2027 season, the selection is weighted by wage level under a DHS rule effective February 27, 2026. A registration at the highest prevailing-wage level (IV) is entered four times; level III three times; level II twice; level I once. Our H-1B lottery guide explains the mechanics and recent data, and the lottery odds estimator models your chances.

Cap-exempt employers

Some employers can file at any time without the lottery: institutions of higher education, nonprofits affiliated with them, and nonprofit or governmental research organizations. Workers who have already been counted against the cap within the last six years generally do not need to re-enter the lottery when changing employers. Working at a cap-exempt employer does not count against the cap, so moving later to a private company usually requires a lottery selection.

How the H-1B process works

How much does an H-1B cost? (October 2026)

Most H-1B fees are legally the employer's responsibility; the employer generally may not pass the ACWIA fee, or business costs of the LCA process, to the worker. Optional premium processing can be paid by either party when it benefits the worker.

Attorney fees, visa application fees and any reciprocity fees are additional. Check the USCIS fee schedule (Form G-1055) before every filing, because inflation adjustments are now made more often. Our fee calculator adds up a typical case, and employers can use the sponsorship cost calculator.

Is the $100,000 H-1B fee in effect?

A September 2025 proclamation required a $100,000 payment for certain new H-1B petitions for workers outside the United States. As of October 28, 2026, the payment is not being collected: a federal court in Massachusetts vacated the agencies' implementing policy on June 8, 2026, the First Circuit declined to pause that ruling on July 24, 2026, and a court in Northern California vacated the policies again on September 30, 2026. The President extended the proclamation to September 21, 2027, and appeals are pending. Separately, DHS proposed a $103,265 fee on cap-subject petitions in August 2026; it is not final. Details are in our $100,000 fee guide.

Changing employers and H-1B portability

An H-1B worker in the United States can usually start working for a new employer as soon as that employer properly files a new petition, provided the worker was lawfully admitted, is in valid status, and has not worked without authorization. If the worker loses the job, current regulations give a grace period of up to 60 days, or until the end of the I-94 if sooner, to find a new sponsor, change status or leave. DHS proposed in September 2026 to remove that grace period; as of October 2026 the proposal is not final.

Material changes in the job, such as a move to a worksite outside the original LCA's commuting area, generally require an amended petition.

H-4 status for family

A spouse and unmarried children under 21 may hold H-4 status for the same period. H-4 spouses may apply for a work permit (EAD) only if the H-1B worker has an approved immigrant petition (Form I-140) or has extended status beyond six years under the AC21 green card rules. Renewals can be filed up to 180 days before the card expires. As of October 2026, DHS rules no longer give automatic extensions to many EAD renewals, so filing early helps avoid a gap in work authorization.

How long can you stay on an H-1B?

H-1B approvals are granted for up to three years at a time, with a general limit of six years. Time spent outside the United States can usually be "recaptured." Beyond six years, extensions are available in one-year increments if a PERM application or I-140 was filed at least 365 days earlier, or in three-year increments if an I-140 is approved and the worker is waiting for a visa number under per-country limits. After reaching the limit without such an extension, a person generally must spend one year outside the U.S. before a new H-1B.

In October 2026 DHS also proposed removing the policy under which officers defer to prior approvals when deciding extensions; if finalized, extensions could be reviewed more closely. A September 2026 executive order directs agencies to consider employer layoffs when reviewing H-1B filings.

Common problems

• Requests for Evidence on whether the role is truly a specialty occupation, especially for entry-level or broadly described jobs.
• Third-party worksites, where the employer must show real work and control over the employee.
• Wage-level mismatches between the registration and the petition. Under the weighted rule, a petition that does not support the wage level claimed at registration may be denied.
• Site visits by USCIS fraud investigators checking that the job matches the petition.
• Multiple registrations by related employers for the same worker, which can lead to denial.

Alternatives if you are not selected

• O-1 for people with a strong record of achievement.
• L-1 after one year with a related company abroad.
• TN for Canadian and Mexican professionals; E-3 for Australians; H-1B1 for Chileans and Singaporeans.
• Cap-exempt employment at a university or research nonprofit.
• Continuing OPT or STEM OPT and registering again next March.
• A green card route such as the EB-2 NIW.

Compare all U.S. work visas, or answer a few questions in the work visa finder.

What to ask an attorney

• Does this role clearly meet the specialty occupation standard, and which wage level can we support?
• Is the worker subject to the cap, and does any cap exemption apply?
• Would the $100,000 proclamation affect this case if a court order changes?
• When should we start PERM or an I-140 to protect extensions past six years?

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