H-1B Visa

The H-1B is a temporary U.S. work visa that lets an American employer hire a foreign professional for a specialty occupation — a role that normally requires at least a bachelor's degree in a specific field such as engineering, IT, finance, medicine, or research. It is employer-sponsored, meaning a worker cannot file for it alone, and it is numerically capped, so in most years the available visas are allocated through a lottery. H-1B status is granted for up to three years at a time, to a maximum of six, with longer extensions possible while an employment-based green card is in process.

Status as of July 2026. A September 2025 presidential proclamation (Proclamation 10973) added a $100,000 payment requirement to certain new H-1B petitions filed for workers who are outside the United States and processed through a consulate. Federal courts have split: a Washington, D.C. court upheld the fee (Chamber of Commerce v. DHS), while a Massachusetts court struck it down as an unauthorized tax in June 2026 (California v. Mullin). That decision is on appeal to the First Circuit; under a temporary administrative stay, USCIS is currently allowed to collect the $100,000 fee for affected petitions while the appeal proceeds. The proclamation is set to expire in September 2026 unless extended, and the rules may change on short notice.

Who qualifies for an H-1B visa

The H-1B is built around two things: a specialty occupation and an employer willing to sponsor it. The position must ordinarily require a bachelor's degree or higher in a field directly related to the work, and the worker must hold that degree or an equivalent combination of education and experience. Fields commonly filed under H-1B include software and engineering, mathematics and the physical sciences, healthcare, finance, architecture, and academia.

Sponsorship comes from the employer, who files the petition and pays the required government fees. Immediate family — a spouse and unmarried children under 21 — can apply for H-4 status to accompany the worker, and some H-4 spouses are eligible for their own work authorization. Not every H-1B position is subject to the annual lottery: workers petitioned by universities, affiliated nonprofits, and certain research organizations are cap-exempt and can be filed at any time of year.

How the H-1B process works

For cap-subject jobs, the process usually runs in stages. First, the employer electronically registers the worker during a short spring window and pays a registration fee. If more registrations arrive than the cap allows, USCIS runs a selection — the lottery. Employers with selected registrations then file the full petition: they obtain a certified Labor Condition Application (LCA) from the Department of Labor, then submit Form I-129 to USCIS. Once a petition is approved, a worker already in the U.S. may receive a change of status, while a worker abroad applies for an H-1B visa stamp at a U.S. consulate before entering.

The government's fiscal year begins October 1, so petitions selected in spring generally lead to a start date of October 1 or later. USCIS describes the H-1B as a dual intent category, which means that holding one does not, by itself, prevent a person from also pursuing permanent residence.

The H-1B cap and the 2027 lottery

Congress sets the annual limit at 65,000 new H-1B visas (the "regular cap"), plus 20,000 reserved for people with a U.S. master's degree or higher — 85,000 in total. Starting with fiscal year 2027, USCIS replaced the purely random lottery with a weighted selection: registrations are grouped by the offered wage compared with prevailing wage levels, and higher levels receive more entries. A registration at the highest wage level (Level IV) gets four entries, Level III gets three, Level II two, and Level I one — so higher-paid roles have a greater chance of being selected. The registration fee is $215 per worker.

The $100,000 fee and other costs

H-1B sponsorship carries several government charges, normally paid by the employer: the $215 registration fee, the Form I-129 filing fee, and additional fees tied to company size and prior H-1B use. Two newer costs sit on top. The Visa Integrity Fee — a minimum of $250, created by the 2025 budget law — is collected when a visa is actually issued at a consulate abroad, and not for a change of status inside the U.S. Separately, Proclamation 10973 added the $100,000 payment described in the status box above, which applies to certain new petitions requiring consular processing. Because that fee is being litigated, whether it applies to a particular filing depends on the court orders in effect at the time.

Changing employers, layoffs, and the path to a green card

H-1B status is tied to a specific employer, but it can move. Under "portability," a worker can generally begin working for a new employer as soon as that employer properly files a non-frivolous H-1B petition, without waiting for approval. If employment ends, there is normally a grace period of up to 60 days — or until the current status expires, whichever is shorter — to find a new sponsor, change to another status, or depart.

Because the H-1B allows dual intent, it is a common bridge to permanent residence. Many H-1B workers move toward an employment-based green card while in status, and the six-year limit can be extended when that process is far enough along. Students on F-1 status who are selected in the lottery may keep working under "cap-gap" protection until their H-1B begins. The H-1B is one of several nonimmigrant visa categories, and which one fits depends on the job and the worker's background.

How does the H-1B lottery work?

When employers submit more registrations than the 85,000-visa cap allows, USCIS selects among them. For fiscal year 2027 and later, the selection is weighted by wage level rather than fully random: higher offered wages receive more entries and therefore a higher chance of selection. Registration is done through a USCIS online account during a set window each spring, and only workers with selected registrations can move on to a full petition.

How long does an H-1B visa last?

An initial H-1B is usually approved for up to three years and can be extended to a total of six. Extensions beyond six years are available in certain situations, most commonly when an employment-based green card case has reached a qualifying stage. Time spent outside the United States can, in some cases, be "recaptured" to extend the total.

Can I change employers on an H-1B?

Under H-1B "portability," a worker can generally start a new job once the new employer properly files a non-frivolous petition, rather than waiting for it to be approved. The new position must still qualify as a specialty occupation, and the new employer files its own Form I-129. Changing employers inside the U.S. does not by itself require a new visa stamp until the worker next travels abroad.

What happens to an H-1B if the worker is laid off?

Losing a job does not end H-1B status immediately. Federal rules provide a grace period of up to 60 days, or until the existing status expires if that comes first, during which a worker may find a new sponsoring employer, apply to change to another status, or prepare to leave. The window is limited and does not repeat indefinitely, so timing matters.

Does the $100,000 H-1B fee apply to everyone?

No. As written, Proclamation 10973 targets certain new H-1B petitions for beneficiaries who are outside the United States and will be processed at a consulate. Petitions for people already in the U.S. who qualify for a change of status, along with extensions and amendments, are generally outside its scope. Because the fee is the subject of active litigation, its exact reach and whether it is being collected can change — the status box above reflects the current posture.

Can an H-1B lead to a green card?

The H-1B is a dual-intent visa, so holding one is compatible with pursuing lawful permanent residence at the same time. Many workers pursue an employment-based green card sponsored by their employer, and the usual six-year H-1B limit can be extended while that case is pending. The specific path and timeline depend on the green card category and the worker's country of birth.