Last reviewed: July 4, 2026 | By US Legal Brain Editorial Team
The H-1B is a non-immigrant work visa that lets US employers hire foreign workers in "specialty occupations" — jobs that require at least a bachelor's degree (or equivalent) in a specific field. It's the most common path for international professionals to work in the US, especially in tech, engineering, finance, and healthcare.
Each year, USCIS caps new H-1B visas at 65,000 regular slots plus an additional 20,000 master's cap exemption for applicants with US advanced degrees. When applications exceed the cap — which has happened every year recently — USCIS runs a random lottery to select which registrations can proceed. For FY2025, USCIS received about 470,000 registrations for 85,000 spots, meaning roughly 1 in 5.5 made it through.
The visa is tied to a specific employer. If you want to change jobs, your new employer files a new H-1B petition. You don't go through the lottery again — that part is done.
Degrees from outside the US are acceptable, but you'll need a credentials evaluation to prove equivalency. Organizations like WES (World Education Services) handle this.
The employer files Form ETA-9035 with the Department of Labor. The LCA certifies that the employer will pay the prevailing wage and provide working conditions comparable to US workers. DOL processing typically takes 7 business days. There's no fee — it's free.
File LCA via DOL FLAG system →
USCIS opens an online registration window, usually in early March. The employer creates a USCIS online account and submits one registration per beneficiary. The fee is $215 per registration (increased from $10 in FY2025).
If registrations exceed the cap, USCIS runs a random selection. The lottery has two rounds:
USCIS selects enough to fill the cap plus a buffer (historically about 114,000 selections for 85,000 slots) because not all selected registrations lead to filed petitions.
Selected registrations get a 90-day filing window. The employer submits Form I-129, the approved LCA, supporting documents, and fees to USCIS. The petition must include evidence that the position qualifies as a specialty occupation and that the beneficiary meets the requirements.
Regular processing takes 2-4 months. If you need faster results, Premium Processing ($2,805) guarantees a response within 15 calendar days. The response could be an approval, a Request for Evidence (RFE), or a denial.
If you're outside the US, you'll need to schedule an interview at a US consulate in your home country. The consulate issues the actual visa stamp. If you're already in the US on F-1 OPT or another status, your status changes automatically when the I-129 is approved — no stamping needed until you travel abroad.
| Date | Milestone |
|---|---|
| March 2026 | USCIS opens registration period (typically 2-3 weeks) |
| Late March 2026 | Registration closes |
| Late March / April 2026 | Lottery selection |
| April - June 2026 | Selected employers file I-129 (90-day window) |
| June - September 2026 | USCIS processing |
| October 1, 2026 | H-1B status takes effect (FY2027 start) |
The employer pays all H-1B fees. Here's what it typically costs:
| Fee Item | Amount | Who Pays |
|---|---|---|
| USCIS Registration | $215 | Employer |
| I-129 Filing Fee | $460 (or new fee per USCIS 2024 update) | Employer |
| ACWIA Fee | $750 (under 25 employees) / $1,500 (25+ employees) | Employer |
| Fraud Prevention Fee | $500 | Employer |
| Premium Processing (optional) | $2,805 | Employer or Employee |
| Public Law 114-113 Fee | $4,000 (for 50+ employees, 50%+ H-1B/L-1) | Employer |
| Attorney Fees (optional) | $1,500 - $3,500 | Employer |
For a small company: roughly $2,000-$2,500 without attorney. For a larger company: $5,000-$7,000+.
Some employers are exempt from the annual cap. If you work for (or are hired by) any of these, you don't go through the lottery:
Cap-exempt petitions can be filed at any time of year. The downside: if you later want to move to a cap-subject employer, you'll need to go through the lottery.
Under the AC21 law (American Competitiveness in the Twenty-First Century Act), you can start working for a new employer as soon as they file your H-1B transfer petition — you don't have to wait for approval. This is called "portability."
Here's what to watch out for:
The initial H-1B is valid for 3 years, and can be extended for another 3 years, for a total of 6 years.
Beyond 6 years, you can get extensions if:
This means H-1B holders from countries with long green card backlogs — particularly India and China — can stay on H-1B for many years beyond the 6-year limit while waiting for their priority date to become current.
H-4 dependents (spouse and unmarried children under 21) can apply for an Employment Authorization Document (EAD) if the H-1B holder has an approved I-140 immigrant petition. The H-4 EAD allows the spouse to work in any job — it's not restricted to a specific employer or field.
The H-4 EAD program has faced legal challenges over the years, but it remains active as of 2026. Processing times for H-4 EAD applications can be several months, so it's worth applying as early as possible.
Getting rejected in the lottery is frustrating but not the end of the road. Alternatives include:
Yes. Your new employer files a new H-1B petition, and you can start working based on the pending application under H-1B portability rules. You don't go through the lottery again.
Initial 3 years, extendable to 6 years. Extensions beyond 6 years are possible if a PERM labor certification or I-140 immigrant petition has been pending for at least 365 days.
H-4 spouses can apply for an EAD if the H-1B holder has an approved I-140. The program remains active in 2026 despite ongoing legal challenges.
The USCIS registration fee is $215 per beneficiary. The employer also pays the LCA processing (free), I-129 filing fee, and potentially the $500 fraud fee and $1,500/$750 ACWIA fee.
You can try again the following year. Alternatively, consider cap-exempt employers, or other visa types like O-1, L-1, or TN.
You can own a company, but you cannot work for it without a valid H-1B sponsorship. Passive investment is fine. Working for your own company requires that company to file an H-1B for you, and USCIS will scrutinize the employer-employee relationship closely.
If you're changing status within the US, traveling abroad before approval abandons the change of status. You'd need to get visa stamping abroad and re-enter. If you already have H-1B status and a valid visa stamp, travel is fine.
This article is for informational purposes only and does not constitute legal advice. H-1B policies, fees, and timelines may change. Always consult a licensed immigration attorney for your specific situation.
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