H-1B

The H-1B is a non-immigrant work visa that allows U.S. employers to hire foreign workers in specialty occupations. These occupations typically require at least a bachelor's degree in a specific field. The visa is initially valid for 3 years and can be extended up to 6 years total.

Congress has set an annual cap of 85,000 new H-1B visas: 65,000 for the regular cap and 20,000 additional for applicants with a U.S. master's degree or higher. Some employers (universities, nonprofits, government research orgs) are cap-exempt.

If you are currently on OPT or another valid work authorization, you can continue working. The H-1B registration alone does not provide work authorization. If selected, cap-gap provisions may extend your OPT until October 1.

Yes, you can transfer your H-1B to a new employer. The new employer must file a new I-129 petition. You can begin working for the new employer as soon as the transfer petition is received by USCIS (receipt date). This is not subject to the cap if you were already counted.

If you are an F-1 student with OPT that expires before October 1, and you have been selected in the H-1B lottery, you automatically receive a cap-gap extension. This extends your F-1 status and OPT work authorization until October 1.

H-4 spouses can apply for an Employment Authorization Document (EAD) if the H-1B holder has an approved I-140 or has been granted H-1B extension beyond 6 years under AC21. H-4 EAD processing takes 3-6 months.

If you are outside the U.S., you need an H-1B visa stamp in your passport to enter. If you are inside the U.S. with a pending change of status, leaving the country typically abandons your change of status request. Consult an attorney before traveling.

You can own a business on H-1B, but you can only work for your sponsoring employer. Self-employment on H-1B is generally not permitted because there must be a valid employer-employee relationship. However, you can passively invest in or own a business without working for it.

If your H-1B employment is terminated, you have a 60-day grace period (or until the end of your authorized validity period, whichever is shorter) to find a new employer to file an H-1B transfer, change to another status, or depart the U.S.

No, the H-1B cap is not country-specific. However, the employment-based green card process has per-country limits, which significantly affects workers from India and China who face much longer wait times for permanent residence.

The registration period typically opens in early March and lasts about 2-3 weeks. For FY2027, registration is expected to open on March 6, 2026 and close on March 23, 2026.

Since FY2025, USCIS uses a beneficiary-centric lottery system. Each unique beneficiary gets one entry regardless of how many employers register them. USCIS randomly selects enough registrations to meet the 85,000 cap. Selected applicants are notified through their USCIS online accounts.

Starting FY2025, the lottery selects by unique beneficiary rather than by registration. This means having multiple employers register you does NOT increase your chances. Each person gets one chance in the lottery, eliminating the advantage of multiple registrations.

If the cap is not met from the first lottery, USCIS conducts second (and sometimes third) rounds of selection. These typically occur in July-August and October. Unselected registrations remain in the pool for subsequent rounds within the same fiscal year.

Premium processing guarantees USCIS will adjudicate your petition within 15 calendar days for an additional fee of $2,965. If USCIS does not meet this deadline, they refund the premium processing fee. Note: a decision includes approval, denial, RFE, or NOID.

Total costs include: Registration fee ($215), USCIS filing fee ($780, or $730 filed online), Fraud prevention fee ($500), ACWIA fee ($750 or $1,500 depending on employer size), premium processing ($2,965 optional), and attorney fees ($2,000-$5,000+). Total ranges from approximately $3,175 to $12,000+.

A specialty occupation requires theoretical and practical application of a body of highly specialized knowledge and at minimum a bachelor's degree or equivalent in a specific field. Common examples include IT, engineering, accounting, architecture, medicine, law, and science positions.

Key documents include: valid passport, educational transcripts and diplomas, credential evaluation (for foreign degrees), resume/CV, offer letter with job details, LCA certification, employer financial documents, and any prior immigration documents (I-94, visa stamps, prior approvals).

Yes, your employer can file an H-1B petition for consular processing. If approved, you would attend a visa interview at a U.S. consulate in your home country. You cannot enter the U.S. on H-1B status until October 1 of the fiscal year.

The employer is legally required to pay the base filing fee, ACWIA fee, and fraud prevention fee. The employer may not require the worker to pay these fees. However, premium processing fees can be paid by either party. Attorney fees are negotiable.

An RFE (Request for Evidence) is not a denial. It means USCIS needs additional documentation. You typically have 60-87 days to respond. Common RFE topics include specialty occupation proof, beneficiary qualifications, and employer-employee relationship. Respond thoroughly with all requested evidence.

H-1B can be extended beyond 6 years if: (1) An I-140 has been approved and an immigrant visa number is not available (AC21 Section 104(c)), or (2) A PERM labor certification or I-140 has been pending for 365+ days (AC21 Section 106(a)). Extensions are granted in 3-year or 1-year increments.

PERM is the process by which the Department of Labor certifies that there are no qualified U.S. workers for the position. The employer must conduct recruitment (job postings, ads) and document that no minimally qualified U.S. worker applied. PERM is the first step in most employment-based green card processes.

AC21 allows H-1B workers with an approved I-140 and pending I-485 (filed 180+ days) to change employers without losing their place in the green card queue. The new job must be in the same or similar occupational classification.