The H-1B specialty occupation visa.

The H-1B lets U.S. employers hire professionals for roles that require a bachelor’s degree or higher in a specific field. It is the most common work visa for skilled professionals, and most new petitions go through an annual lottery.

Visa type
Temporary work visa
Initial stay
Up to 3 years
Maximum stay
6 years, with some extensions
Lottery
Registration each March

About the H-1B.

The H-1B is a temporary work visa for jobs in a “specialty occupation”: roles where a bachelor’s degree or higher in a specific field is the normal requirement. Your employer files the petition on your behalf, and the visa is tied to that employer.

The number of new H-1B visas is capped each year at 65,000, plus 20,000 more for people with a U.S. master’s degree or higher. When registrations exceed the cap, USCIS runs a selection. Some employers, such as universities and nonprofit research organizations, are exempt from the cap and can file at any time of year.

The H-1B is a “dual intent” visa: you can hold it while pursuing a green card, which is one reason many professionals choose it as their path to long-term residence.

Colleagues gathered around a laptop in an open-plan office

Commonly used by

  • Software engineers
  • Data scientists
  • Financial analysts
  • Physicians and researchers
  • Architects and engineers

Who may qualify for the H-1B.

Both the job and the worker have to meet the requirements. These are the core criteria USCIS looks at.

  • A job offer from a U.S. employer

    The employer files the petition and must pay at least the prevailing wage for the role and location.

  • A specialty occupation

    The role must normally require a bachelor’s degree or higher in a specific field, such as computer science, engineering, or finance.

  • A matching degree or equivalent

    You need a U.S. bachelor’s degree or higher in a related field, a foreign equivalent, or work experience that evaluates as equivalent (often three years of experience for each year of study).

  • A license, if the role requires one

    Some occupations, such as medicine, require a state license to practice before you can start work.

This is general information, not legal advice. Only a licensed attorney can assess whether you qualify. The free check shows whether the H-1B may be worth exploring for you.

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H-1B costs and processing times.

Government fees

H-1B government fees
FeeAmount
Lottery registration Paid by the employer $215
Form I-129 filing fee Lower fee for small employers and nonprofits $460 to $780
Asylum Program fee Depends on employer size and type $0 to $600
ACWIA training fee Depends on employer size $750 to $1,500
Fraud prevention and detection fee New petitions and changes of employer $500
Premium processing (optional) Speeds up the USCIS decision $2,805
Proclamation payment Certain new petitions for workers outside the U.S., filed after September 21, 2025 $100,000

Processing times

H-1B processing times
StageTypical time
Registration and selection Results by March 31 March
Petition filing window 90 days from April 1
Standard processing 2 to 6 months
Premium processing 15 business days
Earliest start date October 1

Government fees come from the USCIS fee schedule. Most are paid by the employer by law. Attorney fees are set by each independent attorney and are separate. Processing times vary by service center and change often. Figures last reviewed October 2026.

How the H-1B application works.

Two professionals shaking hands across a desk in a bright office
  1. 01

    Your employer registers you for the lottery

    March

    Your employer submits an electronic registration with basic details about you and the job.

  2. 02

    USCIS runs the selection

    By March 31

    If you’re selected, your employer is notified and can file a full petition. If not, cap-exempt employers and other visa paths are still worth exploring.

  3. 03

    The employer files a Labor Condition Application

    About 7 business days

    The employer confirms the wage and working conditions with the Department of Labor before filing the petition.

  4. 04

    The employer files Form I-129

    From April 1

    The petition includes the job description, your degree and work evidence, and the certified LCA.

  5. 05

    USCIS decides the petition

    2 to 6 months

    USCIS approves the petition, denies it, or issues a Request for Evidence (RFE) asking for more documents.

  6. 06

    Visa stamp or change of status

    Before October 1

    If you’re outside the U.S., you attend a consular interview for the visa stamp. If you’re already here in another status, it can change on the start date.

H-1B questions.

Can I apply for an H-1B myself?

No. A U.S. employer has to register you for the lottery and file the petition. You can prepare by keeping your degree, transcripts, and work history ready.

What happens if I’m not selected in the lottery?

You can be registered again the following year. In the meantime, cap-exempt employers (such as universities and nonprofit research organizations) can file at any time, and other visa paths like the O-1 may apply to your situation.

Can I change employers on an H-1B?

Yes. A new employer files a new petition for you. In many cases you can start working for the new employer once that petition is filed.

Can I apply for a green card while on an H-1B?

Yes. The H-1B allows dual intent, so you can pursue permanent residence while you hold it. A pending green card case can also allow H-1B extensions beyond six years.

Who pays the H-1B fees?

By law, the employer pays most H-1B petition fees, including the ACWIA and fraud prevention fees. Premium processing can be paid by either party when it’s for the worker’s benefit.

See whether this visa may apply to you.

The eligibility check is free and takes about 8 minutes. You'll see the visa paths worth exploring for your situation, and you can get introduced to attorneys who handle similar matters.