H-1B Visa

Who qualifies

The job must be a specialty occupation: it normally requires a bachelor's degree or higher in a specific specialty, or its equivalent, as a minimum for entry. Software engineers, data analysts, accountants, engineers, physicians and many healthcare and finance roles typically qualify. A role that accepts "any bachelor's degree" is harder to support. The worker must hold the degree or equivalent education and experience.

H-1B status is employer-specific. The worker can work only for the sponsoring employer, in the role and location described, unless another employer files its own petition. Spouses and children come in H-4 status; some H-4 spouses can get work authorization in limited cases.

The cap and the lottery

Congress set an annual cap of 65,000 new H-1Bs, plus 20,000 more for people with a US master's degree or higher. Demand far exceeds supply, so USCIS runs a selection from electronic registrations each March. Since the fiscal year 2025 season, selection is by unique beneficiary, so a person with several job offers is not entered once per offer. Since the fiscal year 2027 season (registered in March 2026), the selection is weighted by wage level: a registration at the highest prevailing wage level gets four entries and one at the lowest level gets one.

The usual timeline for cap cases:

1. March: employers register each candidate and pay a registration fee.
2. Late March: USCIS notifies selected registrants.
3. From April 1: selected employers file the full petition (Form I-129) within a 90-day window.
4. October 1: the earliest start date, the first day of the federal fiscal year.

Some employers are cap-exempt: universities, their affiliated nonprofit entities, and nonprofit or government research organizations can file at any time of year. Workers who already counted against the cap in the last six years generally are not counted again when changing employers.

Employer obligations

Before filing, the employer must get a certified Labor Condition Application (LCA) from the Department of Labor. In it, the employer attests that it will:

• Pay at least the higher of the actual wage paid to similar employees or the prevailing wage for the occupation and area.
• Provide working conditions that do not hurt similarly employed US workers.
• Post notice of the filing at the worksite or electronically.
• Keep a public access file with wage and LCA records.

The employer must pay the required wage even when the worker is idle because of a business decision ("benching" is prohibited), and cannot pass certain filing costs, such as the training fee and the attorney fees for the petition, on to the worker. Moving the worker to a new worksite outside the area may require a new LCA and an amended petition.

Initial approval is for up to three years, extendable to a six-year total, with extensions beyond six years available in some cases while a green card process is pending. H-1B workers still complete Form I-9 like every other hire, and employers enrolled in E-Verify run the case as usual.

Transfers and hiring someone already on an H-1B

A worker already in H-1B status can usually change employers without going through the lottery. The new employer files a new petition, and under the H-1B portability rules the worker can typically start once that petition is properly filed, without waiting for approval. Recruiters should confirm current status, the previous approval notice and recent pay stubs early in the process, and loop in immigration counsel before the offer, because a gap in employment can affect status.

Recent changes and cost

H-1B rules and fees have changed often. A September 2025 presidential proclamation added a $100,000 payment for certain new H-1B petitions, and USCIS issued guidance on which petitions it applies to; litigation and further guidance followed. Fees, wage rules and selection methods have also been revised by regulation. Treat any cost or timeline from more than a few months ago as out of date and check current USCIS and DOL guidance before budgeting a role for sponsorship.

What recruiters need to get right

• Ask the lawful question. "Will you now or in the future require sponsorship for employment visa status?" is a common, permissible screening question. Do not ask about citizenship or national origin.
• Avoid citizenship-only postings. Restricting jobs to US citizens is generally unlawful citizenship status discrimination under the Immigration and Nationality Act unless a law, regulation or government contract requires it. Saying the company does not sponsor visas is generally allowed.
• Plan timelines. In global hiring plans, remember that a cap-subject hire selected in March will not start until October at the earliest.

For how authorization is checked at hire, see work authorization. This page is informational, not immigration advice.