About This Visa
The H-1B visa is a nonimmigrant work visa that enables U.S. employers to employ foreign workers in specialty occupations. These roles typically require a bachelor's degree or equivalent and are often in fields such as technology, finance, engineering, and architecture.
The annual cap is 65,000 visas, plus 20,000 for those with a U.S. master's degree or higher. Certain employers—higher education institutions, some nonprofits, and government research organizations—are cap-exempt.
H-1B status lasts up to 6 years in 3-year increments. It is a dual-intent visa, meaning you can pursue a green card while in H-1B status. Premium processing is available for an additional $2,500 fee.
Total H-1B visas available annually (65,000 regular cap + 20,000 master's cap)
Who Qualifies for an H-1B?
Valid job offer from a U.S. employer for a role requiring specialized knowledge
Bachelor's degree or equivalent experience in the relevant field
Position must qualify as a 'specialty occupation' requiring at minimum a bachelor's degree
The H-1B Process
Labor Condition Application
Employer obtains a certified Labor Condition Application (LCA) from the Department of Labor, confirming prevailing wage and working conditions.
H-1B Lottery Registration
For cap-subject petitions, employer registers during the two-week window each March. If selected, employer may file the I-129 petition.
File I-129 Petition
Employer files Form I-129, Petition for a Nonimmigrant Worker, with USCIS along with filing fees and supporting evidence.
USCIS Adjudication
USCIS reviews the petition and either approves, issues an RFE, or denies. Premium processing guarantees a response within 15 business days.
Frequently Asked Questions
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