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. A specialty occupation requires the theoretical and practical application of a body of highly specialized knowledge and a minimum of a bachelor’s degree or its equivalent in a specific field.
Eligibility Requirements
The Position Must:
- Require a minimum of a bachelor’s degree in a specific specialty as a condition of employment
- Be a specialty occupation — the degree requirement must be common in the industry or the job must be so complex that only a degreed professional can perform it
- Pay at least the prevailing wage for the occupation in the geographic area of employment
The Applicant Must:
- Hold a U.S. bachelor’s degree or higher in the specific specialty (or a foreign equivalent)
- If lacking a degree, demonstrate equivalent experience: generally three years of progressive work experience equals one year of college education
- Hold any required licenses or certifications for the occupation in the state of employment
The H-1B Cap and Lottery
Congress has set the annual H-1B cap at 65,000 visas, with an additional 20,000 visas available to applicants who hold a master’s degree or higher from a U.S. institution. Certain employers are exempt from the cap, including institutions of higher education, nonprofit research organizations, and government research organizations.
Because the number of applications routinely exceeds the cap, USCIS conducts a random selection process (lottery) each spring. For fiscal year 2027, the registration period opens in March 2026.
Application Process
- Determine the prevailing wage — The employer requests a prevailing wage determination from the Department of Labor
- File a Labor Condition Application (LCA) — The employer certifies that hiring a foreign worker will not adversely affect U.S. workers
- Register for the lottery — During the annual registration period, the employer submits a registration for each prospective H-1B worker
- File Form I-129 — If selected, the employer files the full H-1B petition with supporting documentation
- Visa stamping or change of status — The worker attends a consular interview or requests a change of status if already in the U.S.
Duration and Extensions
The H-1B is initially granted for up to three years and may be extended to a maximum of six years. Extensions beyond six years are available when an employer has filed a PERM labor certification or I-140 petition at least 365 days before the six-year limit.
H-1B Portability
Under AC21, an H-1B worker may begin employment with a new employer as soon as the new employer files a non-frivolous H-1B petition, without waiting for approval. This portability provision applies to workers in valid H-1B status.
Common Reasons for Denial
- Specialty occupation not established — USCIS determines the position does not require a degree in a specific field
- Beneficiary qualifications — The applicant’s degree does not directly relate to the position
- Employer-employee relationship — USCIS questions whether the petitioner exercises sufficient control over the work
- Prevailing wage issues — The offered wage is below the prevailing wage
H-1B to Green Card
The H-1B is a dual intent visa, meaning the holder may pursue permanent residency while maintaining H-1B status. The most common path involves PERM labor certification, an I-140 petition in the EB-2 or EB-3 category, and an adjustment of status application.
Request a free H-1B case evaluation to discuss your eligibility and strategy.