What Is the H-1B Visa?
The H-1B is a nonimmigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations — jobs that require at least a bachelor's degree or equivalent in a specific field. Common H-1B occupations include software engineers, data scientists, financial analysts, architects, accountants, and medical professionals.
The H-1B visa is employer-sponsored, meaning a U.S. company must petition USCIS on your behalf. You cannot self-petition for an H-1B. The visa is initially granted for three years and can be extended to a maximum of six years. Further extensions beyond six years are possible if you have an approved I-140 immigrant petition or your labor certification has been pending for more than 365 days.
The Annual Cap and Lottery System
Congress has set an annual cap of 65,000 H-1B visas per fiscal year, with an additional 20,000 visas reserved for applicants who hold a U.S. master's degree or higher. Because demand consistently far exceeds supply — USCIS received over 470,000 registrations for FY2025 — the agency uses a random lottery to select which petitions will be processed.
The H-1B registration period typically opens in early March for the following fiscal year (which begins October 1). Employers must register each prospective H-1B worker during this window. If selected in the lottery, the employer then has a window — typically April through June — to file the full H-1B petition. Selection in the lottery does not guarantee approval; USCIS still adjudicates each petition on its merits.
Eligibility Requirements
To qualify for an H-1B visa, the position must qualify as a "specialty occupation" — one that requires theoretical and practical application of a body of highly specialized knowledge and attainment of a bachelor's or higher degree in a specific specialty. The applicant must also hold the required degree or its equivalent. Equivalent experience can sometimes substitute for a formal degree, but this is evaluated on a case-by-case basis and often requires a credential evaluation from a recognized organization.
The employer must also pay the H-1B worker the higher of the "actual wage" paid to similarly employed workers at the company or the "prevailing wage" for the occupation in the geographic area, as determined by the Department of Labor. This wage requirement is enforced through the Labor Condition Application (LCA), which the employer must file and receive certification for before submitting the H-1B petition.
Filing Fees
H-1B filing fees are among the most complex in the immigration system, with multiple mandatory fees depending on the employer's size and whether premium processing is requested. The base Form I-129 filing fee is $460. Employers with 26 or more full-time equivalent employees must pay an ACWIA training fee of $1,500 (smaller employers pay $750). All employers must pay a $500 fraud prevention and detection fee. An additional $4,000 fee applies to employers with 50 or more employees if more than 50% of their workforce is in H-1B or L-1 status. Premium processing, which guarantees a decision within 15 business days, costs an additional $2,965.
What to Do If You Are Not Selected
If your registration is not selected in the H-1B lottery, you have several options. You may be eligible for an H-1B1 visa if you are a national of Chile or Singapore, which has a separate allocation. You may also explore O-1 visas for individuals with extraordinary ability, TN visas for Canadian and Mexican professionals under the USMCA, or L-1 visas for intracompany transferees. Some employers sponsor employees for the EB-1C multinational manager green card, which bypasses the H-1B system entirely.
Legal Disclaimer
This article is for general informational purposes only and does not constitute legal advice. Immigration law is complex and fact-specific. Always consult a licensed immigration attorney for advice about your specific situation. Verify all fees and requirements at uscis.gov.