Short answer: H-1B lets a U.S. employer hire a foreign worker for a job that normally requires at least a bachelor's degree in a specific field. The employer files the petition, not the worker.
What this visa is for
H-1B covers what the law calls a specialty occupation. Two things must be true. The job must normally require at least a bachelor's degree or equivalent in a specific specialty. The worker must hold that degree, an equivalent foreign degree, or a combination of education and experience that adds up to it, and must hold any state licence the job requires.
Software engineers, accountants, architects, physicians, engineers, market research analysts and university researchers are common examples. A general business degree without a specific field is often challenged.
The cap and the lottery
Congress caps new H-1B numbers at 65,000 per fiscal year, plus 20,000 for people with a U.S. master's degree or higher. Demand is far higher than supply, so USCIS runs an electronic registration in March for jobs starting in October.
A major change took effect on 27 February 2026. DHS replaced the random lottery with a weighted selection process that gives more entries to registrations at higher Department of Labor wage levels. A Level 4 wage offer gets four entries, Level 3 gets three, Level 2 gets two, Level 1 gets one. Lower wage and entry level roles can still be selected, but the odds shift toward higher paid positions. See the USCIS announcement and the final rule.
Some employers are exempt from the cap entirely and can file at any time. That includes higher education institutions, related or affiliated nonprofit entities, nonprofit research organisations and government research organisations.
The 100,000 dollar fee question
A presidential proclamation issued on 19 September 2025 imposed a 100,000 dollar payment tied to certain new H-1B petitions for beneficiaries outside the United States. It has been through several rounds of litigation. A federal court in Massachusetts vacated the implementing policy on 8 June 2026, and the First Circuit declined to stay that ruling on 24 July 2026, so the requirement has been blocked while the appeal continues. The proclamation also carries its own expiry date of 20 September 2026 unless extended.
This is moving quickly. Before filing anything, check current USCIS guidance rather than any article, including this one.
The employer's obligations
Before filing, the employer must obtain a certified Labor Condition Application from the Department of Labor through the FLAG system. In it the employer promises to pay the higher of the actual wage paid to similar workers or the prevailing wage, to not harm the working conditions of U.S. workers, to notify workers of the filing, and to confirm there is no strike or lockout.
The employer then files Form I-129 with USCIS. The employer must pay certain fees, and cannot pass the required ones to the worker if doing so would push the wage below the required level.
How long you can stay
Three years initially, extendable to a total of six years. Extensions beyond six years are available if a labour certification or immigrant petition has been pending for at least 365 days, or if an approved I-140 is waiting for a visa number due to per country backlogs.
Dual intent
H-1B is a dual intent category. You can pursue a green card without damaging your H-1B status. This is one of the biggest practical advantages over F-1, J-1 and TN.
Family members
H-4 spouses and unmarried children under twenty one can accompany the worker. H-4 spouses can apply for employment authorisation only in specific situations, mainly where the H-1B worker has an approved I-140 or has an extension beyond six years under the AC21 provisions.
Changing jobs
H-1B is portable. Once a new employer files a non frivolous petition on your behalf and it is received by USCIS, you can generally begin work for the new employer without waiting for approval.
Common mistakes
Assuming the visa belongs to the worker. It is tied to the specific employer, job and location. A material change, such as a new work location outside the metropolitan area on the LCA, usually needs an amended petition.
Not maintaining a valid status between jobs. There is generally a grace period of up to sixty days or the end of the authorised period, whichever is shorter, and DHS has proposed removing that grace period, so the position may change.
Assuming a consular visa will follow automatically. Approval by USCIS and issuance by a consulate are separate steps, and expanded screening for H-1B and H-4 applicants was announced in December 2025.
Official sources
- H-1B Specialty Occupations, USCIS
- H-1B Electronic Registration Process
- Foreign Labor Certification, Department of Labor
TR Immigration is an independent immigration information platform. It is not a law firm. Nothing here is legal advice, an eligibility determination, or a prediction about your case. Rules and fees change often, so confirm anything you rely on against the official page it links to.