The H-1B visa lets a U.S. employer hire a foreign professional in a specialty occupation for a temporary period, and the H-1B visa rules govern who qualifies, how the employer must file, how much can be charged, how long the worker can stay, and what both sides must do to keep the status valid. Congress caps new H-1Bs at 65,000 a year, with another 20,000 reserved for workers holding a U.S. master’s degree or higher, so most first-time petitions go through an annual electronic registration and lottery. A Presidential Proclamation effective September 21, 2025 added a $100,000 payment requirement to most new petitions filed for workers who are outside the United States, layered on top of the standard fees.
Who Qualifies as a Specialty Occupation Worker
The H-1B is built around the job, not the worker. The position must be a “specialty occupation,” meaning it requires at least a U.S. bachelor’s degree, or its foreign equivalent, in a field directly related to the duties.1U.S. Citizenship and Immigration Services. H-1B Specialty Occupations Engineering, computer science, medicine, architecture, and accounting are typical examples. A role someone could perform with general experience or an unrelated degree usually will not qualify, even if the worker happens to hold a degree.
The employer also has to show a genuine employer-employee relationship. USCIS looks at who controls when, where, and how the work gets done.2U.S. Citizenship and Immigration Services. USCIS Issues Guidance Memorandum on Establishing the Employee-Employer Relationship in H-1B Petitions Staffing firms and consultancies placing workers at client sites face closer scrutiny on this point, because the petitioner has to show it, not the client, directs the worker.
Using Work Experience in Place of a Degree
A worker who lacks a four-year degree can still qualify by combining education and progressive experience. The regulatory formula is three years of specialized experience for each missing year of college, so a worker with no degree generally needs 12 years of progressively responsible experience in the field.3eCFR. 8 CFR 214.2 – Special Requirements for Admission, Extension, and Maintenance of Status A credentials evaluation from an accredited service usually documents the equivalency.
The Employer’s Wage Promise
Before filing the H-1B petition, the employer has to get a Labor Condition Application certified by the Department of Labor on Form ETA 9035. In the LCA, the employer promises to pay the H-1B worker at least the higher of two figures: the prevailing wage for the occupation in that geographic area, or the actual wage the employer pays similarly qualified workers already on staff.4eCFR. 20 CFR 655.730 – What Is the Process for Filing a Labor Condition Application The employer also attests that hiring the foreign worker will not adversely affect the working conditions of employees in similar positions.
The employer has to post a notice at the worksite telling current workers that it is seeking H-1B employees. The notice states the occupation, wages offered, employment period, and work location, and it must go up on or within 30 days before the LCA is filed.5eCFR. 20 CFR 655.734 – What Is the Fourth LCA Requirement, Regarding Notice
The Annual Cap and the Lottery
Congress caps new H-1Bs at 65,000 per fiscal year, plus 20,000 for holders of a U.S. master’s degree or higher.6Office of the Law Revision Counsel. 8 USC 1184 – Admission of Nonimmigrants Demand routinely exceeds supply, so USCIS runs an electronic registration and a lottery to decide who can file a full petition.
Employers register each prospective worker through the USCIS online portal during a brief window in March. For the FY 2027 season, registration ran from March 4 through March 19, 2026, at $215 per registration. Selection is beneficiary-centric, so each unique worker gets one chance regardless of how many employers register them. Starting with FY 2027, USCIS uses a weighted selection process that generally favors positions offering higher wages relative to the occupation’s prevailing wage scale.7U.S. Citizenship and Immigration Services. H-1B Electronic Registration Process
USCIS first selects from the full pool of unique beneficiaries, including those eligible for the advanced degree exemption, then draws additional beneficiaries from the remaining advanced-degree-eligible pool to fill the 20,000 reserved slots. Only employers whose registrations are selected may file the full petition.
Cap-Exempt Employers
Some employers skip the lottery entirely. The statute exempts institutions of higher education, nonprofits affiliated with those institutions, nonprofit research organizations, and governmental research organizations.6Office of the Law Revision Counsel. 8 USC 1184 – Admission of Nonimmigrants These employers can hire H-1B workers year-round. A worker who has already been counted against the cap in a prior year is also exempt when extending status, transferring to a new employer, or taking concurrent H-1B employment.
Filing the Petition and What It Costs
Once selected, or when filing as cap-exempt, the employer has at least 90 days to submit the full petition on Form I-129 with the certified LCA, evidence of the worker’s qualifications, a description of the job duties, and the mandatory fees.8U.S. Citizenship and Immigration Services. FY 2027 H-1B Initial Registration Selection Process Completed
Costs add up quickly. The petition requires the base I-129 filing fee, an Asylum Program Fee that ranges from $0 for nonprofits to $600 for standard employers, and additional fees that vary by employer size.9U.S. Citizenship and Immigration Services. G-1055 Fee Schedule Employers who want faster processing can pay $2,965 for premium processing, which guarantees USCIS action within 15 business days.10U.S. Citizenship and Immigration Services. USCIS to Increase Premium Processing Fees Federal rules generally require the employer to absorb petition-related fees; passing them to the worker creates exposure under Department of Labor regulations. Fee amounts change, so check the current USCIS schedule before filing.
The $100,000 Payment for New Petitions From Abroad
A Presidential Proclamation effective September 21, 2025 imposed a $100,000 payment requirement on most new H-1B petitions filed for workers who are outside the United States. The restriction runs for 12 months from that date unless extended, so it covers petitions filed through at least September 2026. Petitions without the payment are restricted from adjudication during that period.11The White House. Restriction on Entry of Certain Nonimmigrant Workers
The Secretary of Homeland Security has discretion to exempt individual workers, entire companies, or whole industries if the hiring is determined to be in the national interest and poses no threat to national security or welfare.11The White House. Restriction on Entry of Certain Nonimmigrant Workers The payment is additional to the standard filing fees, not a substitute for them. Workers already in the United States in valid H-1B status are not subject to the $100,000 fee for extensions or employer transfers.
How Long You Can Stay
An initial H-1B is approved for up to three years. The worker can then extend for another three, for a standard maximum of six years. After that, the worker generally has to leave the United States for at least one year before qualifying for a new H-1B.
Extensions Beyond the Six-Year Cap
Two provisions of the American Competitiveness in the Twenty-First Century Act keep workers in status past six years when they are in the green card pipeline. Under Section 106(a), a worker can get one-year extensions if a labor certification application or immigrant petition (Form I-140) has been pending for at least 365 days, and the extensions continue until the underlying case is decided.12U.S. Citizenship and Immigration Services. AC21 Implementation Memorandum
Under Section 104(c), a worker with an approved I-140 who cannot get a green card because of per-country visa backlogs can receive extensions in up to three-year increments.12U.S. Citizenship and Immigration Services. AC21 Implementation Memorandum This provision matters heavily for nationals of countries with long employment-based waits, such as India, where the backlog can stretch decades.
Changing Employers and the 60-Day Grace Period
H-1B workers are not tied to a single employer. Under AC21 portability, the worker can start with a new employer as soon as that employer files a new H-1B petition, without waiting for approval.13U.S. Department of Labor. Fact Sheet 62W – What Is Portability and to Whom Does It Apply The worker has to be in lawful H-1B status when the petition is filed, and the new petition needs a certified LCA for the new position.
If employment ends unexpectedly, the worker gets up to 60 consecutive days (or until the end of the authorized validity period, whichever is shorter) to find a new sponsor, change to another status, or prepare to leave.14eCFR. 8 CFR 214.1 – Requirements for Admission, Extension, and Maintenance of Status The worker cannot work during the grace period unless a new employer files a petition on their behalf. USCIS may shorten or eliminate the 60-day window at its discretion.
Material changes to the job while employment continues, such as a new work location that requires a different LCA or a real shift in duties, require the employer to file an amended H-1B petition before the change takes effect.15U.S. Citizenship and Immigration Services. USCIS Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, LLC Skipping this step can put the worker’s status at risk.
Pay Rules During Slow Periods
An employer has to pay the required H-1B wage for all nonproductive time caused by employer-related conditions, including gaps between projects, waiting for a license, or lack of available work. Putting a worker on unpaid leave because a client contract fell through violates federal rules. The only exception is nonproductive time the worker chooses voluntarily.16U.S. Department of Labor. Fact Sheet 62I – Must an H-1B Employer Pay for Nonproductive Time
The wage obligation begins no later than 30 days after the worker first enters the United States, or 60 days after the worker becomes eligible to work for those already in the country. It ends only after a genuine termination, which requires the employer to notify USCIS, ask that the petition be canceled, and offer to cover the worker’s transportation home.16U.S. Department of Labor. Fact Sheet 62I – Must an H-1B Employer Pay for Nonproductive Time
Recordkeeping and Site Visits
Sponsoring an H-1B creates ongoing duties. Every employer has to keep a public access file for each H-1B worker, available for inspection within one business day of a request. The file includes the LCA, the worker’s rate of pay, documentation of the prevailing wage and its source, a summary of the actual wage system, proof that the posting requirement was satisfied, and a summary of benefits offered to both U.S. and H-1B workers.17U.S. Department of Labor. Fact Sheet 62F – What Records Must an H-1B Employer Make Available to the Public The employer does not have to hand out copies but must let anyone requesting access photograph or transcribe the documents.
USCIS also conducts unannounced worksite visits through its Fraud Detection and National Security Directorate. Officers may confirm the worker is actually there, check that duties match the petition, review documents, and interview both the employer and the worker. Refusing to cooperate can lead to denial or revocation, and cases with fraud indicators may be referred to Immigration and Customs Enforcement.18U.S. Citizenship and Immigration Services. Administrative Site Visit and Verification Program
Bringing Family on H-4
An H-1B worker can bring a spouse and unmarried children under 21 on H-4 dependent status. H-4 dependents can attend school but cannot work unless the spouse qualifies for an Employment Authorization Document.
An H-4 spouse is eligible to apply for work authorization if the H-1B principal has an approved I-140, or if the principal has been granted H-1B status beyond six years under AC21.19eCFR. 8 CFR 274a.12 – Classes of Aliens Authorized to Accept Employment Processing times for H-4 EAD applications run roughly 3 to 9 months, and there is no premium processing option. As of late 2025, H-4 EAD renewal applicants are no longer eligible for the automatic 540-day extension of work authorization that previously bridged processing gaps, so file renewals well in advance. A child who turns 21 loses H-4 eligibility and must change to another status or leave.
Traveling Abroad and Coming Back
An approved petition does not by itself let you reenter the country. To come back you generally need a valid H-1B visa stamp in your passport from a U.S. consulate or embassy, and you should carry the original I-797 approval notice to the port of entry.
Automatic revalidation lets an H-1B holder with an expired visa stamp reenter from a trip to Canada or Mexico if the trip lasted fewer than 30 days and the worker did not apply for a new visa while abroad. Citizens of Cuba, Iran, Sudan, and Syria are not eligible for automatic revalidation. For any other international travel, sort out the visa stamp before you leave, or plan to apply at a consulate before returning.
Dual Intent and the Green Card Path
Unlike most nonimmigrant visas, the H-1B allows “dual intent.” Pursuing permanent residency does not disqualify you from getting or keeping H-1B status.20U.S. Department of State. 9 FAM 402.10 – Temporary Workers and Trainees Many other categories require you to show an intent to return home.
The typical employment-based green card path for an H-1B holder starts with a PERM labor certification filed by the employer with the Department of Labor, which tests whether qualified U.S. workers are available. If PERM is approved, the employer files an I-140 immigrant petition with USCIS, and the worker then waits for a current priority date on the monthly Visa Bulletin before filing Form I-485 to adjust status. The process routinely takes years, and for workers from high-demand countries the priority date wait alone can stretch a decade or more. The AC21 extensions above exist to keep those workers in status while they wait.