The H-1B visa allows U.S. employers to hire foreign workers for jobs that require specialized knowledge, such as positions in technology, engineering, science, finance, healthcare, and other professional fields. The employer must sponsor the worker, and the position must meet the requirements for a specialty occupation.
Government Agencies Involved:
Several U.S. government agencies are involved in the H-1B process:
USCIS reviews and decides H-1B petitions and related status matters.
DOL/ETA handles the Labor Condition Application (LCA).
DOL/WHD enforces H-1B wage and working-condition requirements.
Department of State (DOS) issues H-1B visas at U.S. consulates and embassies abroad.
CBP makes the final admission decision when an H-1B worker enters the United States.
Basic H-1B Eligibility:
To qualify for H-1B classification, the job and the worker must meet certain requirements:
Specialty occupation: The position must require specialized knowledge and normally require at least a bachelor's degree or its equivalent in a directly related specialty.
Qualified worker: The beneficiary must meet the education, degree, license, or equivalent-experience requirements for the position.
U.S. employer: A qualifying U.S. employer must sponsor the H-1B worker.
Required wage: The employer generally must pay the higher of the actual wage paid to similarly employed workers or the applicable prevailing wage.
LCA: Before filing the H-1B petition, the employer must generally obtain a certified Labor Condition Application from the Department of Labor.
H-1B Cap and Registration:
Each fiscal year, there are generally 65,000 regular H-1B visas, plus 20,000 additional numbers for beneficiaries who qualify for the U.S. master's cap. Certain employers, including qualifying universities, nonprofit research organizations, and government research organizations, may be exempt from the annual H-1B cap. For cap-subject cases, employers generally must first register electronically with USCIS. Since FY 2025, the registration process has been beneficiary-centric, meaning employers cannot simply increase a person's chances of selection by submitting multiple registrations for the same beneficiary.
FY 2027 H-1B Weighted Selection:
Beginning with the FY 2027 selection process, USCIS uses a wage-level-based weighted selection system for registrations that are subject to the annual cap.
Wage Level IV: 4 selection entries
Wage Level III: 3 selection entries
Wage Level II: 2 selection entries
Wage Level I: 1 selection entry
All four wage levels remain eligible. Higher wage levels receive more entries in the selection process.
H-1B Validity and Extensions:
An H-1B worker can generally be granted up to three years of status at a time. In many cases, the H-1B can then be extended for another three years, allowing a total of six years. There are exceptions that may allow an H-1B worker to remain beyond the normal six-year limit, particularly when certain employment-based green card processes are underway.
H-1B Grace Period:
An H-1B worker who stops working for the sponsoring employer may generally receive a grace period of up to 60 days, or until the end of the authorized validity period if that comes sooner. This period can provide time to find another qualifying employer, change status, or make other immigration arrangements. The grace period is discretionary and does not automatically extend H-1B status beyond the authorized period.
H-1B Employment, Green Card and Dependents:
H-1B workers may generally change employers without waiting for the first employer's H-1B approval, provided the new employer files the required H-1B petition and the worker meets the applicable portability requirements. An eligible worker can generally begin working for the new employer once the qualifying petition has been properly filed. H-1B status is also compatible with the U.S. permanent residence process, so an H-1B worker can pursue a green card while maintaining H-1B status; starting the green card process does not, by itself, prevent the worker from continuing in H-1B status. The spouse and unmarried children under 21 of an H-1B worker may generally qualify for H-4 status, and certain H-4 spouses may also be eligible for employment authorization depending on the H-1B worker's stage in the employment-based green card process.
Important H-1B Changes in Effect:
1. H-1B Modernization Rules -
USCIS's H-1B modernization rule became effective on January 17, 2025. The rule made several changes to the H-1B program, including:
Clarifying the definition of a specialty occupation.
Clarifying requirements for bona fide H-1B employment.
Providing specific rules for beneficiaries who have an ownership interest in the petitioning company.
Clarifying H-1B employment involving third-party worksites.
Giving USCIS greater authority to conduct site visits.
Expanding certain protections for F-1 students during the H-1B cap-gap period.
2. Beneficiary-Owned Businesses -
The updated rules allow certain entrepreneurs and business owners to qualify for H-1B status when the required conditions are met. However, additional restrictions can apply when the H-1B beneficiary has a controlling ownership interest in the petitioning company. In those circumstances, the initial H-1B approval and first extension are generally limited to 18 months.
3. Expanded Cap-Gap Protection -
Eligible F-1 students with timely filed H-1B cap petitions may receive an extension of F-1 status and employment authorization through April 1 of the relevant fiscal year, provided the applicable requirements are met. This gives eligible students additional protection while waiting for the H-1B change of status to take effect.
4. Expanded Visa Screening -
Beginning December 15, 2025, the Department of State expanded online-presence review to H-1B visa applicants and H-4 dependents. Applicants are instructed to make applicable social media profiles available for review as part of the visa screening process.
5. Visa Interview Requirements -
The Department of State also narrowed the categories eligible for interview waivers beginning October 1, 2025. As a result, H-1B applicants should generally expect an in-person visa interview unless they fall within a specific exception.
6. $100,000 H-1B Payment Requirement -
A presidential proclamation issued in September 2025 introduced a $100,000 payment requirement in connection with certain H-1B workers, along with restrictions affecting certain H-1B admissions. The measure was extended in September 2026 through September 21, 2027, subject to the terms and exceptions in the proclamation.
Importantly, this should not be described as a universal $100,000 H-1B visa fee. Whether the requirement applies depends on the circumstances of the particular H-1B case, including where the beneficiary is located and whether admission to the United States is involved.
Key Takeaway
The H-1B program continues to be an important pathway for U.S. employers to hire skilled foreign workers. At the same time, the rules have become more detailed, particularly around registration, wage levels, employer changes, visa screening, and certain H-1B admissions.
Because H-1B requirements can depend on the specific employer, position, beneficiary, and immigration history, the rules should always be reviewed based on the individual case.