H-1B Visa: Requirements, the Cap, and How the Lottery Works

The H-1B is a temporary U.S. work visa for "specialty occupation" jobs that normally require at least a bachelor's degree in a specific field. To qualify, a U.S. employer must sponsor the worker, file a Labor Condition Application with the Department of Labor, and petition U.S. Citizenship and Immigration Services (USCIS). Most new H-1B petitions are limited by an annual numerical cap, and employers must first win an electronic registration lottery before they can file.

This article is general legal information, not legal advice. Laws vary by state and situation, and reading it does not create an attorney-client relationship. For advice about your case, talk to a licensed attorney.

Key Takeaways

• The H-1B is an employer-sponsored, temporary (nonimmigrant) visa for specialty occupation workers, not something an individual can apply for alone.
• A specialty occupation generally requires at least a U.S. bachelor's degree (or its equivalent) in a specific field, and the worker must hold that degree or equivalent.
• Congress caps new cap-subject H-1B visas each year, so most petitions must first clear a USCIS electronic registration lottery held in the spring.
• Winning the lottery only earns the right to file a full petition; USCIS still has to approve it, and it can issue a Request for Evidence (RFE) or deny it.
• Some employers are cap-exempt (such as universities and affiliated nonprofits), so their workers do not need to win the lottery.
• Exact dates, fees, and forms change every year and must be verified at USCIS.gov and the Department of Labor before anyone files anything.

What Is an H-1B Visa?

The H-1B is a nonimmigrant (temporary) work visa. "Nonimmigrant" does not mean short — many people hold H-1B status for years — but it is not, by itself, permanent residence. It allows a foreign national to work in the United States for a specific sponsoring employer in a specific position.

Two features define the H-1B and trip up a lot of people:

• It is employer-driven. You cannot file your own H-1B petition. A U.S. employer must sponsor you for a particular job. If you lose that job, your H-1B status is tied to that employer.
• Most new petitions are capped and lottery-gated. Because demand far exceeds the annual supply of cap-subject visas, most workers can only file if their employer's registration is randomly selected in the lottery.

Common H-1B roles include software engineers, data scientists, architects, accountants, financial analysts, engineers, and many other professional positions. The H-1B is described in more detail by USCIS and in our immigration lawyers near me guide, which covers how the broader immigration system fits together.

H-1B Visa Requirements

To qualify, both the job and the worker have to meet the standard. In general:

The job must be a "specialty occupation"

A specialty occupation is a role that requires the theoretical and practical application of a body of specialized knowledge, and that normally requires at least a bachelor's degree (or higher) in a specific field as a minimum for entry. A general degree in "any field" usually does not establish a specialty occupation; the degree typically needs to be in a field directly related to the duties. USCIS evaluates the duties of the actual position, not just the job title.

The worker must hold the required degree or its equivalent

The worker must have a U.S. bachelor's degree (or higher) in the relevant field, a foreign degree found to be equivalent, or a combination of education and experience that a credential evaluation treats as equivalent. Certain licensed professions may also require a state license to practice.

The employer must meet wage and labor obligations

Before filing with USCIS, the employer files a Labor Condition Application (LCA) with the Department of Labor. In the LCA, the employer promises to pay at least the required wage (the higher of the prevailing wage for the role and area or the actual wage paid to similar workers), not to harm the working conditions of similarly employed U.S. workers, and to post notice of the filing at the worksite. The Department of Labor generally certifies a complete LCA within about seven business days, but you should verify current LCA requirements at the Department of Labor.

Because eligibility turns on the specific duties, the specific degree, and the specific worksite, an immigration attorney should assess all three before an employer commits to the process.

How the H-1B Cap Works

Congress sets an annual numerical limit (the "cap") on new cap-subject H-1B visas each fiscal year. The widely cited figures are a regular cap and a separate additional allotment for workers who hold a U.S. master's degree or higher (the "advanced degree exemption"). Because these numbers and how they are administered can change, confirm the current cap figures at USCIS.gov rather than relying on a number quoted in an article.

A few points worth understanding:

• The cap applies to new cap-subject petitions, not to most extensions, amendments, or transfers for someone already counted against the cap.
• The advanced degree exemption gives workers with a qualifying U.S. master's degree or higher an additional chance to be selected, which is why a U.S. graduate degree can matter for selection odds.
• Cap-subject H-1B employment usually begins October 1, the start of the federal fiscal year, even though selection and filing happen months earlier.

Who is cap-exempt

Some employers and positions are not subject to the cap at all. Cap-exempt employers generally include institutions of higher education, certain nonprofit organizations affiliated with them, and nonprofit or governmental research organizations. A worker employed at a cap-exempt entity does not need to win the lottery. There are also situations where a worker can be placed at a cap-exempt worksite. Whether a specific employer or arrangement is cap-exempt is a legal question worth confirming with counsel.

How the H-1B Lottery Works, Step by Step

For cap-subject positions, USCIS runs an electronic registration process and a random selection (the "lottery") each spring before petitions can be filed. The dates change every year, so treat the timeline below as the general shape of the process and verify current dates at USCIS.gov.

1. Employer creates an online account and registers each worker. During a defined registration window (typically in March), the employer submits a short electronic registration for each prospective worker and pays the registration fee. Verify the current fee and window at USCIS.gov.
2. Registration window closes. No registrations are accepted after the window ends.
3. USCIS conducts the random selection. If registrations exceed the cap, USCIS randomly selects enough registrations to meet the regular cap and the advanced degree allotment.
4. Selection notifications go out. Employers see whether each registration was "selected." Only selected registrations may proceed to file a full petition.
5. The filing window opens. Selected registrations get a defined period (commonly starting in early April) to file the complete H-1B petition package with USCIS.
6. The employer files the full petition. This includes the petition form, the certified LCA, an employer support letter, evidence the role is a specialty occupation, and evidence of the worker's qualifying degree or equivalent. Verify the current forms and fees at USCIS.gov.
7. USCIS adjudicates. USCIS may approve the petition, issue a Request for Evidence (RFE) asking for more documentation, or deny it.

If not enough selected registrants file, USCIS may run additional selection rounds later in the year to reach the cap. USCIS has also taken steps in recent years to address duplicate registrations and to make selection more beneficiary-centric, so check current rules before each season.

Important: selection in the lottery is not approval. It only gives the employer permission to file. Approval depends on whether the full petition meets the legal requirements.

H-1B Process Overview: From Lottery to Approval

The table below summarizes the major stages. Exact forms, fees, and timing change yearly and must be verified at the source.

Stage	Who acts	What happens	Verify at
Specialty occupation analysis	Employer + attorney	Confirm the job and the worker qualify	Immigration attorney
Labor Condition Application (LCA)	Employer	Promise required wage and conditions; DOL certifies	Department of Labor
Registration	Employer	Submit electronic registration in the spring window	USCIS.gov
Lottery selection	USCIS	Random selection if registrations exceed the cap	USCIS.gov
File full petition	Employer	Submit complete petition during filing window	USCIS.gov
Adjudication	USCIS	Approval, RFE, or denial	USCIS.gov
Start of status	Worker	Cap-subject employment usually begins October 1	USCIS.gov

Premium processing (faster adjudication for an extra fee) is available in many situations; confirm the current fee and the processing guarantee at USCIS.gov.

How Long H-1B Status Lasts

H-1B status is generally granted initially for up to three years, with the possibility of an extension for a total of up to six years. Beyond six years, extensions may be possible if the worker is far enough along in the employment-based green card process and meets specific milestones. The rules here are technical and depend on the green card stage, so an immigration attorney should advise on whether an extension beyond six years is available.

H-1B status is also a recognized stepping stone toward permanent residence. Many H-1B workers are later sponsored by their employer for an employment-based green card. To see how that fits into the larger picture, see our overview of every green card pathway. The H-1B itself does not automatically lead to a green card; a separate process is required.

Changing Employers on an H-1B

H-1B status is tied to the sponsoring employer. If you change jobs, the new employer must file a new H-1B petition for you, often called an H-1B transfer. Under the "portability" rule, a worker can generally begin working for the new employer once the new petition is properly filed, rather than waiting for it to be approved, as long as the prior H-1B was in valid status and certain conditions are met. The requirements are specific, and a mistake can affect your status, so consult an immigration attorney before changing jobs while on an H-1B.

Important Deadlines (Verify Them)

Deadlines vary by year and by case, and they are easy to miss. Always confirm current dates at USCIS.gov. Key timing points include:

• The annual registration window (commonly in March) for cap-subject registrations.
• The full-petition filing window for selected registrations (commonly starting in early April).
• The October 1 start date for cap-subject H-1B employment.
• Any RFE response deadline stated on the RFE itself, which must be met or the petition can be denied.
• Extension and transfer timing relative to your current authorized stay.

These dates can shift from year to year, and additional selection rounds can change the practical timeline. Do not rely on a date you saw in an article — verify it against the current USCIS announcement.

Common Mistakes to Avoid

• Assuming the lottery is approval. Selection only permits filing; USCIS still must approve the full petition.
• Treating any bachelor's degree as enough. The degree usually needs to be in a field related to the specific job duties.
• Underestimating the LCA wage obligation. The employer must commit to paying at least the required wage; underpaying creates legal exposure.
• Ignoring an RFE deadline. A late or weak response to a Request for Evidence is a common reason for denial.
• Traveling or switching jobs without advice. Status, portability, and travel rules interact in ways that can quietly undermine your case.
• Using unlicensed "consultants." Only a licensed attorney or a Department of Justice–accredited representative may charge fees for immigration legal advice. Be alert to "notario" fraud.

H-1B Costs and Fees

H-1B costs are split among several items: the electronic registration fee, government filing fees for the petition, additional statutory fees that can apply depending on the employer's size and circumstances, and optional premium processing. Attorney fees are separate. Government fees are typically the employer's responsibility for many components, and certain costs may not lawfully be passed to the worker. Fee amounts and allocation rules change, so verify current fees at USCIS.gov and discuss who pays what with the employer and counsel before filing.

State and Local Differences

Immigration status is governed by federal law, so the core H-1B requirements are the same nationwide. But state law still affects an H-1B worker's daily life: professional licensing rules differ by state and can be required for the job to qualify, prevailing wage levels vary by geographic area, and driver's license rules differ by state. If your specialty occupation requires a license (for example, certain healthcare, engineering, or legal roles), confirm the licensing rules in the state where you will work.

When to Contact an Immigration Lawyer

Because the H-1B involves an employer, the Department of Labor, USCIS, hard deadlines, and significant fees, legal help is valuable at several points. Strongly consider talking to an immigration attorney if:

• An employer wants to sponsor you and you need to confirm the job and your credentials qualify.
• You received an RFE and need to respond by the deadline.
• You want to change employers and are unsure how portability applies.
• You are approaching the six-year limit and want to understand extension options.
• You are weighing how an H-1B fits into a longer-term plan for permanent residence.

You can compare attorneys who handle work visas through our directory of immigration lawyers or the broader immigration practice area hub. If you are not sure which path fits your situation, our immigration match tool can help point you toward the right kind of attorney.

Helpful Resources

• U.S. Citizenship and Immigration Services (USCIS) — official H-1B requirements, registration dates, forms, fees, and the USCIS Policy Manual, at USCIS.gov.
• U.S. Department of Labor — Labor Condition Application and prevailing wage information.
• U.S. Department of State — visa issuance and consular processing for workers applying from abroad, at travel.state.gov.
• Your state's professional licensing board — for occupations that require a license.
• Your state bar association — to verify an attorney's license before hiring.

Frequently Asked Questions

What is an H-1B visa and who qualifies?

The H-1B is a temporary work visa for specialty occupation workers, meaning roles that generally require at least a bachelor's degree (or equivalent) in a specific field. Typical roles include software engineers, architects, accountants, and other professionals. The worker must hold the required degree or its equivalent, and a U.S. employer must sponsor the position, file a Labor Condition Application with the Department of Labor, and petition USCIS.

Can I apply for an H-1B on my own?

No. The H-1B is employer-sponsored. A U.S. employer must file the petition for a specific job. You cannot self-petition, and your H-1B status is tied to the sponsoring employer and position.

How does the H-1B lottery work?

For cap-subject positions, USCIS holds an electronic registration period in the spring. Employers register prospective workers and pay a fee. If registrations exceed the annual cap, USCIS randomly selects enough to meet the cap. Only selected registrations may file a full petition. Selection allows filing; it is not an approval. Verify the current dates and fees at USCIS.gov.

Does winning the lottery mean I get the visa?

No. Winning only gives the employer permission to file a complete H-1B petition. USCIS still reviews that petition and can approve it, ask for more evidence through a Request for Evidence, or deny it.

How many times can I be entered in the lottery?

There is no general rule that you can be in the pool only once across years. Many workers are registered in successive years if they are not selected. However, USCIS rules limit duplicate registrations within the same season by the same or related employers, and the agency has moved to a beneficiary-centric selection approach. Confirm the current rules at USCIS.gov before each season.

What is the difference between a cap-subject and a cap-exempt H-1B?

Cap-subject petitions count against the annual numerical limit and generally require winning the registration lottery. Cap-exempt employers, such as institutions of higher education, certain affiliated nonprofits, and nonprofit or governmental research organizations, are not subject to the cap, so their workers do not need to be selected in the lottery.

How long can I stay in the United States on an H-1B?

H-1B status is generally granted for up to three years initially and can be extended to a total of up to six years. Extensions beyond six years may be possible if you are sufficiently advanced in the employment-based green card process and meet specific requirements. An immigration attorney can confirm whether you qualify.

Can an H-1B lead to a green card?

The H-1B does not automatically convert to a green card, but it is a common stepping stone. Many H-1B workers are later sponsored by their employer for an employment-based green card through a separate process. You can read more in our guide to getting a green card.

What happens to my H-1B if I lose my job?

Because H-1B status is tied to your employer, losing the job affects your status. There is generally a limited grace period to find new sponsorship, change status, or depart. Because the timing is strict and the consequences are serious, talk to an immigration attorney as soon as your job is at risk.

The H-1B process is unforgiving on deadlines, technical on eligibility, and shaped by rules that change yearly. If an employer wants to sponsor you, or you have received an RFE or a job offer that depends on H-1B status, talk to a licensed immigration attorney who can confirm current requirements and help you and your employer file correctly and on time.