Who qualifies for an H-1B
An H-1B position must be a specialty occupation: one that normally requires a U.S. bachelor’s or higher degree in a directly related specific specialty, or its equivalent.[1] USCIS lists four ways a job can meet that test:
- such a degree is normally the minimum entry requirement for the occupation;
- the degree is normally required for parallel positions among similar organizations in the industry;
- the employer (or third party where the worker is placed) normally requires the degree for the job;
- the duties are so specialized or complex that the knowledge is normally associated with such a degree.
The employer must also file a labor condition application with the Department of Labor and pay at least the higher of the actual wage and the prevailing wage, explained on our H1B salary page.[1]
The H-1B cap and lottery
Congress set the regular cap at 65,000 a year, of which up to 6,800 are reserved for the H-1B1 program for Chile and Singapore, plus 20,000 for workers with a U.S. master’s or higher degree.[2][3] Universities, their affiliated nonprofits and nonprofit or government research organizations are cap-exempt.[2]
Since the FY2027 season, USCIS enters each registration into the selection pool once at wage Level I, twice at Level II, three times at Level III and four times at Level IV.[4][2] USCIS announced that the FY2027 cap was reached on July 17, 2026.[5] Odds and history are on the H1B lottery page.
H-1B timeline for a cap-subject worker
| Step | When | What happens |
|---|---|---|
| Registration | March 4–19, 2026 | Employer registers each worker online and pays the $215 registration fee |
| Selection | Completed March 31, 2026 | Weighted random selection by wage level |
| Petition filing | From April 1, 2026, for at least 90 days | Employer files Form I-129 with fees for selected workers |
| Cap reached | July 17, 2026 | USCIS stops accepting new cap petitions for the year |
| Start date | October 1, 2026 (start of FY2027) | Approved cap workers can begin H-1B employment |
Dates come from USCIS’s registration and cap-season announcements.[2][5]
How long an H-1B lasts
An H-1B worker may generally be admitted for up to 3 years, extendable by up to 3 more, for a total of 6 years.[1] Many workers stay longer through extensions tied to a pending or approved green card case. The green card queue for H-1B workers is usually EB-2 or EB-3, and for India it can take more than a decade; see the EB-2 India priority date.
What an H-1B costs the employer
A first H-1B petition from a large for-profit employer costs at least $3,380 in government fees before premium processing ($2,965 extra), under the October 2026 USCIS fee schedule.[6] The $100,000 proclamation payment was extended to September 21, 2027, but its implementing guidance was vacated by a federal court; the H1B fee calculator explains the status and adds up each fee.[7] Spouses and children come on H-4 visas.
Frequently asked questions
How many H1 B visas are issued each year?
The cap is 65,000 new cap-subject H-1Bs a year plus 20,000 for U.S. master’s graduates. Cap-exempt employers, extensions and changes of employer are not counted, so total H-1B approvals are much higher.
Can I apply for an H-1B myself?
No. The employer registers you in the lottery and files the petition. A worker cannot self-petition for H-1B status.
What happens after 6 years on H-1B?
The worker must generally leave for one year before a new 6-year period, unless an extension beyond 6 years is available because of a pending labor certification or an approved immigrant petition.
Is the H-1B lottery random?
Not purely. From the FY2027 season, registrations at higher wage levels get more entries in the draw: one at Level I up to four at Level IV.
Sources
- H-1B Specialty Occupations
- H-1B Cap Season
- 8 U.S.C. 1184 (INA 214): admission of nonimmigrants (H-1B cap, ACWIA and fraud fees)
- Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions, final rule, 90 FR 60864
- USCIS Reaches Fiscal Year 2027 H-1B Cap
- Form G-1055, Fee Schedule (edition 10/26/26)
- Proclamation 11069, Restriction on Entry of Certain Nonimmigrant Workers (extension), 91 FR 60497