H-1B Visa Complete Guide 2026

Last reviewed: July 4, 2026 | By US Legal Brain Editorial Team

H-1B Visa Overview

The H-1B is a non-immigrant work visa that allows US employers to sponsor foreign workers in "specialty occupations" requiring at least a bachelor's degree (or equivalent). It's the most common work visa for skilled professionals in technology, engineering, finance, healthcare, and education.

H-1B Cap and Lottery

When registrations exceed the cap (which happens every year), USCIS conducts a random lottery. For FY2027, the registration period opens in March 2026.

H-1B Filing Process

1. Employer registers: Submit registration ($215/$2,555) during the March registration period
2. Lottery selection: USCIS conducts random selection if registrations exceed cap
3. Labor Condition Application (LCA): Employer files LCA with DOL (7 days processing)
4. File Form I-129: Submit H-1B petition with USCIS ($460-$1,055 filing fee)
5. USCIS processing: Regular processing (2-4 months) or premium processing ($2,805, 15 days)
6. Visa stamping: If outside the US, apply for visa at a US consulate
7. Entry to US: Enter up to 10 days before employment start date

H-1B Fees Breakdown

H-1B Transfer (Change of Employer)

Under AC21 portability, you can change employers by filing a new H-1B petition. Key points:

• New employer files Form I-129 (no new lottery if already counted against cap)
• You can start working for the new employer as soon as USCIS receives the petition
• No need to wait for approval — "receipt notice" is sufficient
• If the transfer is denied, you must stop working and leave or find another employer
• Your H-1B period doesn't reset — the 6-year limit continues

H-1B Extensions Beyond 6 Years

• 365-day rule: If a PERM labor certification or I-140 petition has been pending for 365+ days, you can extend H-1B in 1-year increments
• Approved I-140: If I-140 is approved but visa numbers are unavailable (priority date not current), you can extend in 3-year increments
• No max limit: Extensions can continue indefinitely as long as the green card process is active

Common RFE (Request for Evidence) Issues

• Specialty occupation: USCIS may argue the position doesn't require a bachelor's degree
• Employer-employee relationship: For consulting/IT staffing companies
• Beneficiary qualifications: Degree doesn't match the specialty occupation
• Work location: Third-party work sites require detailed itineraries
• Prevailing wage: LCA wage must match the actual work location

Frequently Asked Questions

What is the H-1B cap for FY2027?

65,000 regular + 20,000 advanced degree (US master's+). Cap-exempt employers (universities, non-profit research) have no limit.

What is the registration fee?

$215 for employers with fewer than 25 employees; $2,555 for 25+. Additional filing fees total $1,925-$7,360.

Can I change employers on H-1B?

Yes. Your new employer files an I-129 petition. You can start working as soon as USCIS receives it (portability). No new lottery needed.

How long can I stay on H-1B?

6 years initially (3+3). Extensions beyond 6 years are available with an approved I-140 or pending PERM/I-140 for 365+ days.

Official Resources

• USCIS - H-1B Specialty Occupations
• DOL - H-1B Program
• DOL - Foreign Labor Certification Data Center

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