H-1B Visa Guide 2026: Lottery, Requirements, Cost & Process

What Is the H-1B Visa?

The H-1B is a U.S. non-immigrant work visa for professionals employed in specialty occupations that require at least a bachelor’s degree (or equivalent) in a specific field. It is the most widely used employer-sponsored work visa in the United States. The employer files the petition, pays the filing fees, and sponsors the worker for a specific role at a specific salary. Unlike the O-1 (extraordinary ability) or the E-2 (investor), the H-1B is designed for professionals at all career levels who hold the right degree for the right job.

The H-1B Cap and Lottery

The H-1B is subject to an annual numerical cap. Each federal fiscal year (beginning October 1), USCIS makes available:

65,000 visas under the regular cap (available to all qualifying applicants)
20,000 additional visas under the master’s cap (reserved for applicants who hold a U.S. master’s degree or higher)

Because demand consistently exceeds supply, USCIS conducts a randomized lottery (officially called a “registration selection”) each spring. Employers must first register their prospective H-1B workers during a designated registration period (typically in March). USCIS then randomly selects registrations up to the cap. Only selected registrants may proceed to file a full H-1B petition. In recent years, the selection rate has ranged from approximately 25% to 35% of total registrations.

Important Not all H-1B employers are subject to the cap. Universities, nonprofit research organizations, and government research organizations are cap-exempt. Employees petitioned by cap-exempt employers do not go through the lottery and can file at any time of year.

Key Takeaways Before You Read Further

The H-1B is the workhorse of U.S. employer-sponsored immigration, but it comes with structural constraints that other visa categories do not have:

The employer files, not the employee. The H-1B is entirely employer-driven. The company petitions for the worker, pays the fees, and controls the process. The worker cannot self-petition.
You must win a lottery (unless cap-exempt). For cap-subject employers, being selected in the annual lottery is a prerequisite. No selection means no petition, regardless of qualifications.
The job must qualify as a specialty occupation. USCIS evaluates whether the role genuinely requires at least a bachelor’s degree in a specific field. General business roles or positions that accept any degree may be challenged.
A prevailing wage must be paid. The employer must pay at least the prevailing wage for the occupation in the geographic area of employment, as determined by the Department of Labor (DOL).
H-1B is a dual-intent visa. Unlike the E-2 or F-1, the H-1B allows you to pursue a Green Card while maintaining your non-immigrant status. This is one of its most significant advantages.
Maximum stay is 6 years (with exceptions). The H-1B is initially granted for 3 years, extendable to a total of 6 years. Extensions beyond 6 years are possible if a PERM application or I-140 petition has been filed.

In short This guide covers every stage of the H-1B process: who qualifies, how the lottery works, what the employer must do, and what happens after the petition is filed.

Eligibility and Requirements

The Specialty Occupation Standard

The H-1B is reserved for positions that qualify as “specialty occupations.” USCIS defines a specialty occupation as one that requires:

The theoretical and practical application of a body of highly specialized knowledge, and
A minimum of a bachelor’s degree (or equivalent) in a specific field directly related to the position

To establish that a role is a specialty occupation, the employer must show at least one of the following:

A bachelor’s degree or higher in a specific specialty is the normal minimum requirement for the position.
The degree requirement is common in the industry for parallel positions among similar organizations.
The employer normally requires a degree for the position.
The nature of the specific duties is so specialized and complex that the knowledge required to perform them is usually associated with a bachelor’s or higher degree.

Common specialty occupations include software engineers, data scientists, financial analysts, architects, mechanical engineers, accountants, physicians, university lecturers, and marketing analysts. Roles that do not require a degree in a specific field, or that accept any bachelor’s degree regardless of discipline, face a higher denial risk.

Beneficiary Qualifications

The worker (beneficiary) must meet one of the following:

Hold a U.S. bachelor’s degree or higher in a field directly related to the specialty occupation
Hold a foreign degree that is the equivalent of a U.S. bachelor’s or higher (as evaluated by a credential evaluation service)
Hold an unrestricted state license, registration, or certification that authorizes the individual to practice the specialty occupation
Have education, training, or progressively responsible experience equivalent to a U.S. bachelor’s degree in the specialty. USCIS generally applies a 3-years-of-experience-for-1-year-of-education conversion, meaning 12 years of progressive experience may substitute for a 4-year degree, though this equivalence is heavily scrutinized

Employer Obligations

The H-1B places specific obligations on the sponsoring employer:

Labor Condition Application (LCA): Before filing the H-1B petition, the employer must file an LCA with the Department of Labor. The LCA certifies that the employer will pay the higher of the prevailing wage or the actual wage paid to similarly qualified workers, and that hiring the H-1B worker will not adversely affect the working conditions of U.S. workers in similar positions.
Prevailing wage: The employer must pay at least the prevailing wage for the occupation in the specific metropolitan area where the worker will be employed. Prevailing wage levels range from Level 1 (entry) to Level 4 (expert). USCIS and DOL closely review whether the wage level matches the job duties described in the petition.

For current DOL processing times and wage level guidance, see our guide on DOL Prevailing Wage Processing Times.

Public access file: The employer must maintain a public access file containing the LCA, prevailing wage documentation, and other records. This file must be available for public inspection.
No benching: The employer must pay the H-1B worker for all non-productive time caused by the employer (e.g., time between projects). The worker cannot be placed in unpaid leave due to lack of available work.

Important H-1B sponsorship is an employer obligation, not an employee benefit. The employer bears the filing costs, prevailing wage obligations, and compliance responsibilities. If the employer terminates the H-1B worker before the end of the authorized period, the employer must offer to pay the reasonable cost of the worker’s return transportation to their last country of residence.

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Benefits and Limitations

What the H-1B Visa Gives You

Dual intent. The H-1B is one of the few non-immigrant visas that explicitly permits dual intent. You may apply for a Green Card (through PERM, I-140, and I-485) while holding H-1B status without jeopardizing your non-immigrant classification. This makes the H-1B the most common bridge visa to permanent residence.

For a step-by-step overview of how H-1B holders move to permanent residence, see our guide on The Transition from H-1B to Green Card.

Extensions beyond 6 years. If your employer has filed a PERM labor certification or I-140 immigrant petition at least 365 days before your 6-year H-1B limit, you may extend your H-1B in 1-year increments beyond 6 years under the American Competitiveness in the Twenty-First Century Act (AC21). If you have an approved I-140, you may extend in 3-year increments.
Portability (job changes). Under AC21 portability, you may begin working for a new H-1B employer as soon as the new employer files an H-1B petition on your behalf, without waiting for approval. This applies to workers already in H-1B status.
H-4 dependent status for family. Your spouse and unmarried children under 21 may accompany you on H-4 dependent visas. H-4 dependents may attend school in the United States.
H-4 EAD for certain spouses. If you (the H-1B holder) have an approved I-140 immigrant petition, your H-4 spouse is eligible to apply for an Employment Authorization Document (EAD) and work in any job, for any employer.
No country restriction. Citizens of any country may be sponsored for H-1B status. There is no treaty requirement.

Will the proposed $100,000 fee kill the H-1B program?
Emily from Grape Law analyzes what the new fee proposal means for employers and employees, and whether the H-1B remains a viable path in 2026.

Watch: Trump’s $100,000 H-1B Fee | Is the Visa Program Over? →

Where the H-1B Falls Short

The lottery creates uncertainty. For cap-subject employers, selection in the annual lottery is not guaranteed. If the registration is not selected, the employer cannot file the petition that year. Multiple years of non-selection are common. This makes the H-1B an unreliable option for time-sensitive hiring.

If the lottery is a concern, the O-1 Visa has no cap and no lottery, making it a viable alternative for workers with strong professional records.

Employer dependency. The H-1B ties the worker to the sponsoring employer. While portability allows job changes, the new employer must file a new H-1B petition. Gaps between employers can create status issues. You cannot work for yourself or freelance on H-1B status.
6-year maximum (without Green Card processing). If neither a PERM nor an I-140 has been filed, the H-1B maxes out at 6 years. At that point, the worker must depart the United States (or change to another status) and may not return on H-1B until they have spent one year outside the U.S.
Prevailing wage costs. The employer must pay at least the prevailing wage, which in high-cost metropolitan areas can be significantly higher than what the employer might otherwise offer. Prevailing wage obligations are non-negotiable and apply from day one.
H-4 spouses cannot work (with limited exceptions). Unless the H-1B holder has an approved I-140, the H-4 spouse is not authorized to work. This is a meaningful limitation for dual-income families, particularly in the early years of H-1B status before the Green Card process begins.
Specialty occupation denials have increased. USCIS has raised the evidentiary bar for specialty occupation determinations in recent years. Petitions for roles that do not clearly require a degree in a specific field, or that are classified at entry-level wage levels, face higher denial and RFE rates.

The H-1B Application Process

The H-1B process involves multiple agencies (DOL, USCIS, and potentially the Department of State) and follows a strict timeline driven by the annual cap cycle. Here is the full process.

Stage 1: Employer-Employee Relationship and Job Identification

The sponsoring employer identifies the role and the worker. The position must qualify as a specialty occupation, and the worker must hold the required degree. The employer’s immigration attorney evaluates:

Whether the position meets the specialty occupation standard
Whether the worker’s degree and credentials match the role
Whether the employer can meet prevailing wage obligations
Whether the employer is cap-subject or cap-exempt
The optimal filing strategy and timeline

Stage 2: H-1B Registration and Lottery (Cap-Subject Only)

For cap-subject employers, the process begins with the annual electronic registration:

The employer registers the prospective worker during the designated registration period (typically early to mid-March)
Each registration includes basic information about the employer, the worker, and the proposed position
The registration fee is $215 per registration
USCIS conducts the random selection (lottery) and notifies selected registrants, usually by late March or early April
Only selected registrants may proceed to file a full H-1B petition

Cap-exempt employers skip this stage entirely and may file at any time.

Stage 3: Labor Condition Application (LCA)

Before filing the H-1B petition, the employer must obtain a certified LCA from the Department of Labor. The LCA process involves:

Determining the prevailing wage for the specific occupation in the specific geographic area
Filing Form ETA-9035 (LCA) electronically with DOL
Posting the LCA at the worksite for 10 business days (or providing electronic notice to workers)
DOL typically certifies the LCA within 7 business days

Stage 4: Petition Filing (Form I-129)

With a certified LCA in hand, the employer files Form I-129 (Petition for Nonimmigrant Worker) with USCIS. The petition package includes:

Form I-129 with H classification supplement
Certified LCA
Evidence that the position is a specialty occupation (job description, organizational chart, expert opinion letters if needed)
Evidence that the beneficiary is qualified (degree, transcripts, credential evaluation, license)
Employer support letter describing the role, duties, and salary
Corporate documents (tax returns, annual reports, organizational chart)
Filing fees

Stage 5: USCIS Adjudication and Next Steps

USCIS reviews the petition and issues one of three decisions: approval, RFE, or denial. Processing times and fees are detailed in the next section.

After approval:

If the worker is already in the U.S.: The petition may include a Change of Status request. If approved, H-1B status begins on October 1 (for cap-subject filings) or the requested start date.
If the worker is abroad: The worker takes the approval notice to a U.S. Embassy or Consulate for H-1B visa stamping, then enters the U.S. on the H-1B visa.

H-1B Submission, Processing Times and Costs

Filing Type	Estimated Timeline
Registration period	March (annually)
Lottery results	Late March / Early April
I-129 adjudication (standard)	3 to 6 months
I-129 adjudication (Premium Processing)	15 business days
Consular processing after approval	1 to 4 months

Form / Fee		Amount
H-1B electronic registration		$215 per registration
I-129 base filing fee		$1,015 (standard) / $510 (small employer)
ACWIA training fee		$1,500 (25+ employees) / $750 (under 25)
Fraud Prevention and Detection Fee		$500
Asylum Program Fee		$600 (25+ employees) / $300 (under 25)
Premium Processing, I-907 (optional)		$2,965
I-539 (per dependent, Change of Status)		$470
DS-160 (consular processing, per applicant)		$315
	Note on fees H-1B filing fees are among the highest in U.S. immigration law. For a standard employer with 25 or more employees, the total government fees (excluding Premium Processing) can exceed $3,600 per petition. The employer is legally required to pay the base filing fee, ACWIA fee, and Fraud Prevention fee. The employer may not pass these costs to the worker.

Fees and processing times reflect USCIS and U.S. Department of State information as of June 2026 and are subject to change. Verify current figures at uscis.gov before filing.

After Submission: Three Possible Outcomes

Approval

The petition has been granted. If the worker included a Change of Status request, H-1B status begins on the approved start date (October 1 for cap-subject filings). If the worker is abroad, they proceed to consular visa stamping. After approval:

Review the Approval Notice (Form I-797) carefully. Confirm the validity dates, employer name, and job classification.
The worker may only work for the petitioning employer, in the role described in the petition, at the salary stated in the LCA.
Begin planning for Green Card processing (PERM and I-140) well before the 6-year H-1B limit approaches.
If the worker changes jobs, the new employer must file a new H-1B petition before work begins (portability allows work to start upon filing).

Request for Evidence (RFE)

An RFE is not a denial. Common H-1B RFE topics include:

Specialty occupation: USCIS questioning whether the role truly requires a degree in a specific field
Beneficiary qualifications: requesting additional evidence that the worker’s degree matches the specialty
Wage level: questioning whether the prevailing wage level matches the actual duties described
Employer-employee relationship: for staffing companies or consultancies, USCIS may question whether the petitioner maintains control over the worker
Third-party worksite: if the worker will be placed at a client site, additional documentation of the arrangement is required

USCIS allows 30 to 87 days to respond. A well-documented response frequently results in approval.

Denial

A denial means the petition has been rejected. Most H-1B denials stem from: failure to establish the specialty occupation, a mismatch between the worker’s degree and the job, wage level disputes, or insufficient evidence of the employer-employee relationship. Your options:

Your attorney will analyze the denial notice to identify the specific grounds.
You may refile with stronger evidence and a revised petition.
You may file a Motion to Reopen or Motion to Reconsider with USCIS.
You may appeal to the USCIS Administrative Appeals Office (AAO).
Alternative visa categories (O-1, L-1, or E-2) may be worth exploring.

For a deeper analysis of denial patterns and recovery strategies, see our guide on H-1B Visa Denial: Common Reasons and Next Steps.

H-1B Visa Frequently Asked Questions

Lottery and Cap

What are my chances of being selected in the H-1B lottery?

In recent years, the selection rate has ranged from approximately 25% to 35% of total registrations. The exact rate depends on the number of registrations submitted each year, which has grown significantly. There is no way to improve your individual odds. Selection is entirely random.

What happens if I am not selected in the lottery?

If your registration is not selected, the employer cannot file an H-1B petition for that fiscal year. You may be re-registered in the next year’s lottery. In the meantime, alternative visa options (O-1, L-1, E-2, or maintaining current status such as F-1 OPT) should be explored with your attorney.

F-1 students waiting for H-1B selection should review our guide on STEM OPT Extension, which provides up to 3 years of work authorization while you re-enter the lottery.

Are any employers exempt from the H-1B cap?

Yes. Universities, nonprofit entities affiliated with or related to universities, nonprofit research organizations, and government research organizations are cap-exempt. Workers petitioned by cap-exempt employers do not participate in the lottery and may file at any time. However, if a cap-exempt worker later moves to a cap-subject employer, they become subject to the cap.

Eligibility

What qualifies as a specialty occupation?

A specialty occupation requires the theoretical and practical application of a body of highly specialized knowledge and a minimum of a bachelor’s degree in a specific field. The key word is “specific.” A position that accepts a bachelor’s degree in any discipline does not qualify. USCIS evaluates whether the role, by its nature, requires a degree in a defined specialty.

Can I apply for the H-1B without a bachelor’s degree?

Possibly. USCIS accepts a combination of education and progressive work experience as equivalent to a bachelor’s degree. The general conversion is 3 years of specialized experience for each year of missing education. However, this equivalency is closely reviewed, and petitions based on experience alone face higher denial rates. Having at least a three-year bachelor’s degree plus work experience is significantly stronger.

Process

Can I change employers while on H-1B status?

Yes. Under AC21 portability, you may begin working for a new employer as soon as the new employer files an H-1B petition on your behalf, without waiting for USCIS approval. This applies to workers already in valid H-1B status. The new employer must file a complete H-1B petition, including a new LCA.

If you also have a pending Green Card case, AC21 portability rules may protect your I-485 when you switch employers.

Can I work for multiple employers on H-1B?

Yes, but each employer must file a separate H-1B petition. You may work for multiple concurrent H-1B sponsors, each of which must independently satisfy LCA and prevailing wage obligations. Working for an employer that has not filed an H-1B petition on your behalf is a violation of your status.

What happens if I lose my job while on H-1B?

If your H-1B employment is terminated (by you or your employer), you enter a 60-day grace period. During this period, you may seek a new H-1B sponsor (who must file a new petition), change to another immigration status, or prepare to depart the United States. You may not work during the grace period unless a new employer files an H-1B petition invoking portability.

Failing to act within the 60-day grace period can have serious consequences. Our guide on Visa Overstay: Consequences and Options explains what to avoid and what remedies exist.

Family

Can my spouse work on an H-4 visa?

Only if you (the H-1B holder) have an approved I-140 immigrant petition. In that case, your H-4 spouse may apply for an Employment Authorization Document (EAD) and work for any employer. Without an approved I-140, H-4 dependents are not authorized to work.

Can my children attend school on H-4 status?

Yes. H-4 dependent children may attend school (public or private) for the duration of your H-1B status.

Green Card

Can the H-1B lead to a Green Card?

Yes. The H-1B is the most common bridge visa to employer-sponsored permanent residence. The typical path is: H-1B status, then PERM labor certification, then I-140 immigrant petition, then I-485 Adjustment of Status or consular processing. The H-1B’s dual-intent classification allows you to pursue this process without jeopardizing your non-immigrant status.

What happens when I reach the 6-year H-1B maximum?

If your employer has filed a PERM application or I-140 petition at least 365 days before your 6-year limit, you may extend H-1B status in 1-year increments under AC21 Section 106(a). If you have an approved I-140, you may extend in 3-year increments under AC21 Section 104(c). If neither condition is met, you must depart the U.S. and cannot return on H-1B until you have spent one year outside the country.

Duration

How long is the H-1B visa valid?

The initial H-1B approval is for up to 3 years. It may be extended for an additional 3 years, for a maximum of 6 years total. Extensions beyond 6 years are available under AC21 if Green Card processing is underway. There is no hard cap on extensions under AC21, meaning H-1B status can continue indefinitely as long as the Green Card process remains pending.

Every case is different. In a 15-minute call, a Grape Law attorney will clarify whether the H-1B, O-1, or another category fits your profile and what your realistic timeline looks like.
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The H-1B remains the most widely used path to employer-sponsored work authorization in the United States, but the lottery, the prevailing wage structure, and the tightening specialty occupation standard mean that a well-prepared petition is no longer optional. Whether you are an employer sponsoring your first H-1B worker or an employee navigating a transfer, extension, or Green Card transition, the decisions made at the filing stage determine whether the case moves forward or stalls. To discuss your H-1B strategy and build a clear plan for your situation, reach out to the Grape Law team at info@grapelaw.com.