What is an H-1B visa? It is the best known U.S. work visa for skilled professionals, and also the one most often in the news. Search interest stays high because it is a route for many international graduates and tech workers, and because the rules have changed several times in the past year.
As of October 31, 2026, this guide explains what the H-1B is, who qualifies, how the lottery works, and what it allows you to do.
- H-1B is a temporary work classification for specialty occupations.
- The employer files Form I-129; workers cannot petition for themselves in the usual way.
- The regular cap is 65,000, with 20,000 more for U.S. master's or higher degree holders.
- Since FY 2027, cap selection is weighted by OEWS wage level.
- A certified labor condition application is required before filing.
- Status is generally granted in periods of up to 3 years, for a total of 6 years.
What does the H-1B allow?
Temporary work in a professional role, for a specific employer. USCIS says the classification "applies to people who wish to perform services in a specialty occupation," or certain Department of Defense work, or services as a fashion model of distinguished merit or ability (USCIS, H-1B Specialty Occupations).
It is employer-driven. Your employer files Form I-129, and your permission to work is tied to that petition and the terms in it.
What is a specialty occupation?
A job with a degree requirement that is real and tied to the field. USCIS says "the occupation requires" both "theoretical and practical application of a body of highly specialized knowledge" and "attainment of a bachelor's or higher degree in a directly related" specific specialty, or its equivalent, as a minimum for entry.
The position must also meet one of the listed criteria. One is that such a degree "is normally the minimum entry requirement for the particular occupation." Another is that it "is normally required to perform job duties in parallel positions among similar organizations in the employer's industry" (USCIS, H-1B Specialty Occupations). Our guide to what counts as a specialty occupation goes through the full test, since this is one of the most common H-1B issues.
What is the role of the Department of Labor?
Before filing, the employer needs a certified labor condition application. USCIS says the petitioner "must include evidence that a Form ETA-9035/9035E, Labor Condition Application (LCA) has been certified by the Department of Labor" (USCIS, H-1B Specialty Occupations). In it, the employer promises to pay the required wage, among other things. Our guide to the LCA explains the promises, and our guide to prevailing wage levels explains how the wage floor is set.
How does the H-1B cap work?
Congress limits new H-1B numbers each year. USCIS says the current regular cap is "65,000," and "an additional 20,000 petitions filed on behalf of beneficiaries who have earned a master's degree or higher from a U.S. institution of higher education are exempt from the cap" (USCIS, H-1B Cap Season). Up to 6,800 of the 65,000 are set aside for the H-1B1 program for Chile and Singapore.
Some jobs sit outside the cap. USCIS says "petitions filed by U.S. institutions of higher education are cap exempt," and our guide to cap-exempt employers lists the others.
How does the lottery work now?
Through online registration, then a weighted selection if needed. Employers "must first electronically register and pay the required H-1B registration fee for each prospective beneficiary," which USCIS says "is $215 for the FY 2027 H-1B cap." USCIS adds that "you can only file an H-1B cap-subject petition if you receive a selection notice" (USCIS, H-1B Electronic Registration Process).
The big change came for FY 2027. "USCIS will conduct a weighted selection among properly submitted registrations for unique beneficiaries based generally on the highest OEWS wage level that the beneficiary's proffered wage will equal or exceed." A level IV wage is entered "into the selection pool 4 times" (USCIS, H-1B Cap Season). In short, a higher wage level now means a better chance.
The last registration period ran from March 4 to March 19, 2026. USCIS has said it reached both the 65,000 cap and the master's cap for FY 2027, so new cap-subject filings for that year are closed.
How long does H-1B status last?
Usually up to six years in total. USCIS says "you may generally be admitted for a period of up to 3 years," and the period "may generally be extended for an additional period of up to 3 years, for a total period of admission of 6 years." Beyond that, green card progress can open extensions, as our guide to H-1B extensions beyond six years explains.
Owner-founders have a shorter first step. If you hold a controlling interest, "the approval of your initial petition and your first extension petition will each be limited to a validity period of up to 18 months."
What can you do on an H-1B, and what can't you do?
| You can | You cannot, without more |
|---|---|
| Work for the employer that filed the petition, in the role described | Work for another employer without that employer's own petition |
| Change employers once a new petition is properly filed, if eligible | Run a separate job or business on the side without proper authorization |
| Pursue a green card | Work under materially changed terms without an amended petition, where one is required |
| Bring a spouse and children under 21 on H-4 | Assume H-4 includes work rights |
The regulation says the amended petition "must be properly filed before the material change(s) takes place," and "any change in the place of employment to a geographical area that requires a corresponding labor condition application" is treated as material (8 CFR 214.2(h)(2)(i)(E), eCFR).
What happens if you lose your job?
You have a limited grace period. USCIS says "if you are laid off, fired, quit, or otherwise cease employment with your previous employer, you may have up to 60 consecutive days or until the end of your authorized validity period, whichever is shorter, to find new employment, change status, or depart the country" (USCIS, H-1B Specialty Occupations). The regulation adds that "DHS may eliminate or shorten this 60-day period as a matter of discretion" (8 CFR 214.1(l)(2), eCFR).
What about the $100,000 payment?
It remains a moving issue. USCIS explains that a court order vacated the agency guidance implementing it, and DHS "will comply with the court's order while DHS considers next steps," adding that "if this order is later lifted, DHS still plans to collect the payment" (USCIS, H-1B FAQ). Separately, DHS has proposed a new $103,265 fee for all H-1B cap-subject petitions, but that is only a proposed rule (91 FR 54817). Check the latest position before relying on either.
Can you pursue a green card on H-1B?
Yes, and many H-1B workers do. The status sits alongside the green card process rather than replacing it. Your employer can start PERM, or you may qualify for a self-petition. The earlier you start, the better your position when the six-year limit gets close.
What this means for you
- Start by checking whether your job is a real specialty occupation.
- Ask your employer about the wage level, because it affects your lottery odds.
- Remember that H-1B is tied to the employer that filed for you.
- Save your approval notices and travel history from the start.
- Think about your green card plan early, since the six-year clock is always running.
Where to start
If you want a path that does not depend on the lottery or a single employer, our free evaluation at /evaluate/ checks whether EB-1A or the NIW fits your profile, and Frank, our AI assistant at /frank, helps you build the evidence. Petitions are reviewed and filed by our partner law firm, Lai & Turner.
Sources
All checked October 31, 2026.
- USCIS, H-1B Specialty Occupations. Requirements; LCA; period of stay; grace period.
- USCIS, H-1B Cap Season. Cap numbers; weighted selection.
- USCIS, H-1B Electronic Registration Process. Registration; fee; FY 2027 dates.
- 8 CFR 214.2(h) (eCFR, current text). Amended petitions.
- 8 CFR 214.1(l) (eCFR, current text). 60-day period.
- USCIS, H-1B FAQ. Status of the $100,000 payment.
- 91 FR 54817 (Aug. 25, 2026). Proposed cap-subject fee.
Frequently asked questions
What is an H-1B visa in simple terms?
It is a temporary work classification that lets a U.S. employer hire a foreign worker for a job requiring a bachelor's degree or higher in a specific field. The employer must file the petition, get a certified labor condition application, and pay at least the required wage. Status is generally limited to six years, with some exceptions tied to green card progress.
Is H-1B an immigrant visa?
No. H-1B is a nonimmigrant, temporary classification. But it allows dual intent in practice, meaning an H-1B worker can pursue a green card without automatically losing status. Our guide to dual intent visas explains how that works. A green card is a separate process, usually starting with PERM or a self-petition such as EB-1A or the national interest waiver.
Who qualifies for an H-1B?
The job must be a specialty occupation, which needs theoretical and practical application of highly specialized knowledge and a bachelor's or higher degree in a directly related specific specialty, or its equivalent. You must have the required degree or equivalent, and any license needed in the state. Your employer must pay at least the required wage and offer the job.
Can H-1B holders change jobs?
Yes. The new employer must file its own H-1B petition. Under the portability rules, an eligible worker can generally start the new job once the new employer properly files a non-frivolous petition. If you are laid off, you may have up to 60 consecutive days, or until the end of your validity period, to find a new job, change status or leave.
Can my spouse work on H-4?
Only in certain cases. Your spouse and unmarried children under 21 may seek H-4 status, but H-4 by itself does not allow work. USCIS says certain H-4 spouses can file Form I-765 if the H-1B holder has already started the employment-based green card process, generally through an approved I-140 or certain extensions. Our guide to the H-4 EAD has the details.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
