- The H-1B is a non-immigrant visa for foreign professionals in specialty occupations, not a visa given to US citizens
- Since September 21, 2025, most new H-1B petitions for workers outside the US must include a one-time 100,000 dollar payment, which a federal court upheld in December 2025
- The annual cap stays at 85,000, the electronic registration fee is 215 dollars per beneficiary, and selection is now beneficiary-centric.
What Is an H-1B Visa?
The H-1B is an employer-sponsored non-immigrant visa that lets US companies hire foreign workers in specialty occupations, such as IT, engineering, finance and medicine. It requires at least a bachelor's degree in a related field. It is not an immigrant visa and is not given to US citizens; a US employer must petition on your behalf.
The H-1B category was created by the Immigration Act of 1990, which President George H. W. Bush signed on November 20, 1990. That law split the older H-1 visa into the H-1A visa for nurses and the H-1B visa for specialty-occupation workers, and it set numerical limits for the first time. A specialty occupation is one that requires highly specialised knowledge and at least a bachelor's degree in the specific field. Indian nationals consistently receive the largest share of approved H-1B petitions each year.
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The biggest 2026 change is the September 21, 2025 presidential proclamation requiring a one-time 100,000 dollar payment with most new H-1B petitions for workers outside the US. It does not apply to current H-1B holders, renewals or amendments. A federal court upheld the fee in December 2025, and prevailing wage levels are being raised.
The proclamation, titled Restriction on Entry of Certain Nonimmigrant Workers, took effect at 12:01 a.m. Eastern on September 21, 2025. The Department of State clarified that the 100,000 dollar payment applies to new petitions filed for people who are outside the United States, and not to those already holding valid H-1B status or filing extensions and job changes. The proclamation also directs the Department of Labor to raise prevailing wage levels so that H-1B workers are not paid below market rates.
Who Is Eligible for an H-1B Visa?
To qualify, you need a US job offer in a specialty occupation and at least a bachelor's degree, or its equivalent, in a directly related field. The employer must show the role genuinely requires that degree and must file a Labor Condition Application agreeing to pay the required prevailing wage.
The old claim that you need twelve years of experience is not true. The core eligibility conditions are:
- You hold at least a US bachelor's degree or its foreign equivalent in a field directly related to the job.
- The position qualifies as a specialty occupation that normally requires such a degree.
- A US employer offers you the role and agrees to sponsor your petition.
- The employer files a certified Labor Condition Application and pays at least the prevailing wage for the role and location.
How Does the H-1B Lottery and Cap Work?
Congress caps H-1B at 85,000 per year: 65,000 regular plus 20,000 reserved for US master's graduates. Because demand far exceeds supply, USCIS runs an electronic lottery. For FY2026 it received about 470,000 registrations, a selection rate near 18 to 20 percent. Each registration costs 215 dollars and selection is now beneficiary-centric.
Under the beneficiary-centric rule, each unique person is entered into the lottery only once, no matter how many employers register them, which curbs duplicate filings. Registration is done online for a short window each spring. For FY2027, the initial registration period runs from March 4 to March 19, 2026. Cap-exempt employers, such as universities and non-profit research organisations, can file H-1B petitions outside the lottery.
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You cannot apply alone; a US employer must sponsor you. The employer registers you in the March electronic lottery and pays the 215 dollar fee. If selected, it files Form I-129 with USCIS. Once approved, you apply for the visa at a US consulate and attend an interview before travelling.
- The employer creates a USCIS online account and electronically registers each beneficiary, paying the 215 dollar fee.
- USCIS runs the lottery and notifies employers of selected registrations.
- For selected beneficiaries, the employer files Form I-129 with supporting documents within the assigned filing window.
- After USCIS approves the petition, applicants outside the US book a visa appointment, attend the consular interview and complete stamping.
What Are the H-1B Visa Fees in 2026?
H-1B costs are mostly paid by the employer. Core government fees include the 215 dollar registration fee, the Form I-129 base filing fee, ACWIA training and fraud-prevention fees, and optional premium processing. Since September 2025, most new petitions for workers abroad also carry the one-time 100,000 dollar payment introduced by proclamation.
| H-1B Fee (2026) | Approximate Amount | Usually Paid By |
|---|---|---|
| Electronic registration | USD 215 per beneficiary | Employer |
| Form I-129 base filing | USD 780 (USD 390 small employer) | Employer |
| ACWIA training fee | USD 750 or USD 1,500 | Employer |
| Premium processing (optional) | USD 2,805 | Employer or worker |
| New petition payment (proclamation) | USD 100,000 one-time | Employer |
How Long Is the H-1B Visa Valid?
The H-1B is first granted for up to three years. It can be extended for another three years, giving a maximum stay of six years. Beyond six years, extensions are possible only in limited cases, such as when a green card petition is pending under per-country immigrant visa limits.
Because the H-1B is a dual-intent visa, holders can pursue permanent residence, the green card, while on H-1B status. Many workers use their time on H-1B to have their employer sponsor an employment-based green card, which is what allows extensions past the sixth year when immigrant visa numbers are backlogged, as they often are for Indian applicants.
Can Your Spouse Join You on an H-1B Visa?
Yes. Your spouse and unmarried children under 21 can join you on H-4 dependent visas for the same period as your H-1B. Some H-4 spouses, mainly those whose H-1B partner has begun the green card process, can also apply for an Employment Authorization Document to work legally in the US.
H-4 dependants can live in the US, study and open bank accounts. Work authorisation for H-4 spouses is limited to specific situations, most commonly when the principal H-1B worker has an approved Form I-140 immigrant petition. Dependants apply for H-4 visas at a US consulate using the principal worker's approval notice as supporting evidence.
How Can You Check Your H-1B Visa Status?
You can track your petition online using the USCIS Case Status tool at egov.uscis.gov by entering the receipt number printed on your I-797 notice. Creating a USCIS online account lets you see updates, get alerts, update your address and submit case inquiries if your case moves outside normal processing times.
The receipt number begins with three letters followed by ten digits and appears on your Form I-797 receipt notice. For petitions filed with premium processing, USCIS commits to a decision within 15 business days. Always rely on official USCIS channels for status information rather than third-party agents or unverified websites.