H-1B Visa Process 2026

The H-1B is a nonimmigrant work visa for specialty occupation workers — jobs that typically require a bachelor's degree or higher in a specific field. It is the primary pathway for foreign nationals to work in professional roles in the US, particularly in technology, engineering, finance, healthcare, and research.

Key facts about H-1B:

• Duration: Initial 3-year period, extendable to 6 years total. Extensions beyond 6 years are possible if a green card process is underway.
• Employer-tied: The H-1B is tied to a specific employer (petitioner). You cannot work for anyone else unless they file a separate H-1B petition for you.
• Dual intent: H-1B allows you to simultaneously hold a green card intent — you can pursue permanent residency without jeopardizing your H-1B status.
• Dependents: Your spouse and unmarried children under 21 can join you on H-4 dependent visas. H-4 EAD (work permit) is available for H-4 holders whose H-1B spouse has an approved I-140.

Congress limits H-1B visas to 85,000 per fiscal year:

• 65,000 regular cap slots (any qualifying bachelor's or higher)
• 20,000 master's cap exemption (US master's degree or higher only)

Because hundreds of thousands of registrations are submitted each year far exceeding these caps, USCIS uses a computer-generated random lottery to select who may file a petition. Registration selection is entirely random — a stronger candidate is not more likely to be selected than a weaker one.

How the lottery works

1. Employer registers each potential H-1B worker during the registration window (typically March 1–20 each year)
2. USCIS runs the lottery — first selecting from the master's cap pool, then from the regular cap pool
3. Selected registrants are notified through the myUSCIS account
4. Only selected registrants may file a full H-1B petition (I-129)

After lottery selection, the employer files Form I-129 (Petition for Nonimmigrant Worker) with the H Classification Supplement. The petition must be filed by the employer — not the employee.

What the employer must demonstrate

• The position qualifies as a specialty occupation (requires theoretical and practical application of a body of highly specialized knowledge, typically requiring a bachelor's degree or higher in a specific field)
• The employee meets the minimum educational or experience requirements
• The employer will pay at least the prevailing wage for the occupation and geographic area (from DOL wage surveys)
• A Labor Condition Application (LCA) has been certified by the Department of Labor (filed before the I-129 petition)

LCA requirement

Before filing I-129, the employer must file a Labor Condition Application (LCA / Form ETA-9035) with the Department of Labor. The LCA is free and typically certified within 7 business days. It attests that the employer will pay the prevailing wage, the working conditions won't adversely affect other workers, and there is no strike or lockout at the worksite.

H-1B fees are complex — they vary by employer size, type, and whether the H-1B worker displaces US workers. Most fees must be paid by the employer; some may be shared with the employee by agreement.

Adding Form I-907 (Request for Premium Processing) guarantees USCIS will issue a decision — approval, denial, RFE, or notice of intent to deny — within 15 business days of receiving the premium processing request.

Premium processing fee: $1,780 (effective March 1, 2026). If USCIS misses the 15-business-day deadline, the fee is refunded and processing continues.

When to use premium processing

• The employee has an urgent start date or is currently out of status
• The employee is transferring from another employer and needs quick authorization
• The employer wants certainty before October 1 for cap-subject cases
• An RFE was received and a faster response is needed

Note: Premium processing can be added at initial filing or at any time while the petition is pending. It does not guarantee approval — only a timely decision.

Certain employers are exempt from the H-1B annual cap, meaning they can file H-1B petitions at any time of year without participating in the lottery:

• Institutions of higher education (universities and colleges)
• Nonprofit organizations affiliated with higher education
• Nonprofit research organizations
• Government research organizations

Additionally, workers who have previously been counted against the cap (had an approved cap-subject H-1B) retain their cap count and can transfer to any employer — cap or cap-exempt — without re-entering the lottery.

Strategy note: Working at a cap-exempt employer (e.g., a university hospital or research lab) while waiting for a cap-subject lottery win is a common approach. If selected in the lottery, you can transfer to the cap-subject employer.

One of the most important features of H-1B is portability — you can change employers without waiting for the transfer to be approved.

How H-1B portability works

1. Your new employer files an H-1B transfer petition (Form I-129) and pays all required fees
2. You can begin working for the new employer as soon as USCIS receives (not approves) the petition — provided you were in valid H-1B status before the filing
3. USCIS adjudicates the transfer petition; meanwhile, you are in authorized status

Fees for H-1B transfer (new employer pays)

H-1B is a temporary status, but it is widely used as a stepping stone to permanent residency. The most common pathways:

Employment-Based Green Card (most common)

1. PERM Labor Certification (for EB-2/EB-3 sponsored by employer) — filed with DOL. No federal fee, but significant attorney and recruiting costs. Takes 6–18 months.
2. I-140 Immigrant Petition — filed by employer with USCIS. $665 online / $715 paper. 8–15 months standard, 15 business days with premium ($1,780–$2,965).
3. Wait for priority date — check the Visa Bulletin monthly. For India-born workers, this can take decades.
4. I-485 Adjustment of Status — $1,440, filed when priority date is current.

Key H-1B to green card advantage: extensions beyond 6 years

Normally H-1B is capped at 6 years. However, if your I-140 is approved (or your PERM has been filed for 365+ days), you can get 1-year or 3-year H-1B extensions beyond the 6-year cap — indefinitely — while waiting for your green card priority date to become current.

EB-2 NIW — Self-petition option

If you have an advanced degree and your work is in the national interest, you may self-petition for a green card without employer sponsorship or PERM through the EB-2 National Interest Waiver (NIW). This is independent of your H-1B and does not require employer cooperation. Cost: $665 I-140 + optional premium processing ($2,075 for NIW).