H-1B

The H-1B visa is a non-immigrant visa allowing U.S. employers to temporarily employ foreign workers in specialty occupations requiring theoretical or technical expertise.

Key Information

Annual Cap

Regular cap of 65,000 visas plus 20,000 for advanced degree holders from U.S. institutions. Cap-exempt employers include universities and research institutions.

Duration

Initial period of up to 3 years, extendable to a maximum of 6 years. Extensions beyond 6 years possible with pending green card applications.

Lottery System

Due to high demand, USCIS conducts an electronic registration and lottery for cap-subject petitions each fiscal year.

Prevailing Wage

Employers must pay at least the prevailing wage for the occupation in the geographic area of employment.

Recent Policy Changes

New $100,000 fee for petitions filed for individuals outside the U.S. (Sep 2025). Weighted selection process replacing random lottery effective Feb 2026 for FY2027, favoring higher-wage positions with more lottery entries.

Related Forms

Form I-129 - Petition for Nonimmigrant Worker
View Form
LCA - Labor Condition Application (filed with DOL)
View Form

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Important Notice

The information provided by Immigration Assistant is for general informational purposes only and does not constitute legal advice. For specific legal questions or advice regarding your immigration status, please consult a qualified immigration attorney. Immigration laws and policies are subject to change, and individual circumstances may vary.