The H-1B visa allows US employers to hire foreign workers in specialty occupations (typically requiring a bachelor’s degree or higher). Due to high demand, 85,000 visas are distributed annually by lottery with a registration fee of $215.
- Job offer from a US employer in a specialty occupation
- US employer willing to file the H-1B petition
- Bachelor’s degree (or equivalent) in the relevant field
- Employer Identification Number (EIN) for the sponsoring company
The H-1B annual lottery (cap-subject H-1B)
Cap-subject H-1Bs have a 65,000 regular cap + 20,000 for US master’s degree holders. Demand far exceeds supply — in recent years 480,000–780,000 registrations for 85,000 visas. The lottery is random among all eligible registrations.
Employer registers during March registration period
Every year in March (typically March 1–17), your employer registers your H-1B via USCIS’s online H-1B registration system. Fee: $215 per registration. If your registration is selected in the lottery, you proceed to full H-1B petition filing.
Filing the H-1B petition (if selected)
If selected, your employer files Form I-129 (H-1B petition) with USCIS by June 30. Required documentation: your credentials and degree certificates, job description, Labor Condition Application (LCA) from the Department of Labor (free, filed by employer), and supporting employer documents.
H-1B cap-exempt employers (no lottery)
Cap-exempt H-1Bs are available year-round (no lottery) for jobs at: higher education institutions, nonprofit research organizations, and government research organizations. If you work at a university or qualifying nonprofit, you can apply anytime.
H-1B to Green Card pathway
H-1B is frequently the first step toward a Green Card. While on H-1B, your employer can file PERM labor certification (the first step in EB-2/EB-3 green card process). H-1B status can be extended beyond the standard 6-year limit while the green card process is pending.
Frequently Asked Questions
Alternative visas for specialty workers: O-1A (extraordinary ability — no lottery), TN visa (Canada and Mexico nationals under USMCA), E-3 visa (Australian nationals only, 10,500 per year), L-1 visa (intracompany transferee), or working for a cap-exempt employer.
Cap-subject H-1Bs begin on October 1 — the start of the US fiscal year. Premium processing ($2,805 extra) guarantees a decision within 15 business days but does not change the October 1 start date.