This guide is general legal information, not legal advice, and does not create an attorney–client relationship. Rules change and vary by state — verify current requirements with official sources or a licensed attorney.
The H-1B program runs on a calendar. Registration for the annual cap opens for about two weeks in early March, selections are announced by the end of that month, petitions are filed in the following months, and approved workers can start on October 1, when the federal fiscal year begins. Miss the window and, for most employers, the next realistic start date is a year away.
This guide walks through that cycle as it stands in 2026: what qualifies as a specialty occupation, how the new wage-weighted selection changes the odds, what the Labor Condition Application requires of employers, and what fees and limits apply once a worker is in H-1B status.
Key takeaways
- The H-1B requires a specialty occupation — a job that normally requires at least a bachelor's degree in a directly related field — and an employer to sponsor it.
- The annual cap is 65,000 visas plus 20,000 for holders of U.S. advanced degrees; demand far exceeds supply, so most cap-subject cases go through electronic registration and selection.
- For the FY 2027 cap season, registration ran March 4–19, 2026, with a $215 fee per beneficiary, and selection was weighted by offered wage level rather than purely random.
- Employers must obtain a certified Labor Condition Application from the Department of Labor, promising to pay at least the prevailing or actual wage.
- H-1B status is generally limited to six years, but time can extend beyond that when an employment-based green card process is far enough along.
What counts as a specialty occupation
An H-1B job must require the theoretical and practical application of a body of highly specialized knowledge, and at least a bachelor's degree (or equivalent) in a directly related specific specialty as the normal minimum for entry. Software engineering, accounting, actuarial science, medicine, architecture, and many engineering disciplines fit comfortably; generalist roles that accept any bachelor's degree do not.
The worker must actually hold the required degree, a foreign equivalent, or an equivalency built from education plus progressive experience (commonly evaluated at three years of experience for one year of missing university study). USCIS's modernization rule, effective in January 2025, confirmed that a range of degree fields can qualify so long as each is directly related to the job's duties.
The cap, registration, and the new weighted odds
Congress caps new H-1B approvals at 65,000 per fiscal year, with an additional 20,000 reserved for people holding a U.S. master's degree or higher. Registrations have exceeded available numbers every recent year, so USCIS runs an electronic pre-selection process each March.
The biggest recent change: for the FY 2027 season (registration in March 2026), the Department of Homeland Security replaced the purely random lottery with a wage-weighted selection. Registrations are entered based on the offered wage's Occupational Employment and Wage Statistics (OEWS) level — a Level IV offer receives four entries, Level III three, Level II two, and Level I one. Higher-paid offers now enjoy materially better odds, which affects how employers structure offers and which roles are worth registering.
- Early March. Employer creates a USCIS organizational account and submits an electronic registration for each beneficiary with the $215 fee (for 2026, the window ran March 4–19).
- Late March. USCIS runs the weighted selection and notifies account holders; in 2026, notifications were due by March 31.
- April–June. Employers file Form I-129 petitions for selected beneficiaries within the filing window stated on the selection notice (at least 90 days).
- Summer. USCIS adjudicates; premium processing is available for an additional fee if a fast answer is needed.
- October 1. Earliest start date in cap-subject H-1B status for the new fiscal year.
Universities, nonprofit entities affiliated with universities, and nonprofit or governmental research organizations are cap-exempt: they can file year-round with no registration or selection, and their workers can start any time of year.
The LCA: what employers promise the Labor Department
Before filing the petition, the employer must obtain a certified Labor Condition Application (Form ETA-9035) through the Department of Labor's FLAG system. The LCA commits the employer to pay at least the higher of the prevailing wage for the occupation and location or the actual wage paid to similar workers, to offer working conditions that do not harm other employees, and to notify the workforce of the filing.
These promises have teeth. Employers must keep a public access file supporting the LCA, and wage violations can lead to back-pay awards and program debarment. H-1B compliance sits alongside broader hiring obligations such as Form I-9 employment verification, so many employers coordinate the two.
Filing the petition: Form I-129, fees, and the $100,000 question
The petition itself is Form I-129, filed with the certified LCA, proof of the worker's degree, and evidence that the role is a specialty occupation. Government fees vary with employer size and circumstances; they include the base filing fee, the ACWIA training fee, the fraud-prevention fee, and, for some larger H-1B-dependent employers, an additional statutory fee. Premium processing is optional and guarantees action within 15 business days.
Litigation watch: A September 2025 presidential proclamation sought to impose a one-time $100,000 payment on certain new H-1B petitions for beneficiaries outside the United States. A federal district court vacated the fee in June 2026, and in July 2026 the First Circuit declined to pause that ruling, so the fee was not being enforced as of early August 2026 — but appeals continue. Before budgeting or filing, check USCIS's current H-1B guidance for the latest status.
Changing jobs, extensions, and the six-year clock
H-1B status belongs to the worker but is tied to the sponsoring employer's petition. A new employer can file its own petition, and under statutory portability rules the worker may begin the new job once that petition is properly filed — no need to wait for approval. Workers who are laid off generally have a grace period of up to 60 days (or until the current admission expires, if sooner) to find a new sponsor, change status, or depart.
Initial approval is granted for up to three years, extendable to a six-year maximum. Two exceptions matter for long-term planning: one-year extensions are available when a PERM labor certification or I-140 petition has been pending long enough, and three-year extensions are available with an approved I-140 when visa backlogs block the final step. That is why many employers start the employment-based green card process well before year six, and why high-achieving professionals compare EB-1 and EB-2 NIW options that can move faster.
Alternatives worth comparing
The H-1B is not the only door. Canadian and Mexican citizens in listed professions can often use the TN classification, which has no cap and no lottery. Australians have the E-3; Chileans and Singaporeans have the H-1B1; intracompany transferees may fit the L-1; and investors from treaty countries may consider the E-2. Timing pressure from the cap calendar is often the deciding factor: when a candidate cannot wait for October, employers frequently ask an H-1B visa attorney to map which alternative fits the person and the role.
Frequently asked questions
Can I enter the H-1B selection on my own, without an employer?
No. Registration is submitted by a sponsoring employer (or its representative), and the petition requires a genuine employer-employee relationship and a bona fide job offer. Founders can sometimes be sponsored by their own companies, but USCIS scrutinizes control and the specialty-occupation requirement closely in those cases.
What are my chances of being selected?
Odds change yearly with registration volume, and since the FY 2027 season they also depend on the offered OEWS wage level — a Level IV offer gets four times the entries of a Level I offer. USCIS publishes registration and selection data each year, which is the best basis for estimating current odds.
Does my spouse get work authorization?
An H-1B worker's spouse holds H-4 status, which does not automatically include work authorization. H-4 spouses may apply for an employment authorization document only in limited circumstances — principally when the H-1B worker has an approved I-140 immigrant petition or qualifies for extensions beyond six years under AC21.
Is the H-1B a path to a green card?
Indirectly, yes. H-1B is a dual-intent status, so pursuing permanent residence does not jeopardize it. Most H-1B workers who stay long-term are sponsored through the employment-based process (PERM, I-140, then adjustment of status), which is typically started years before the six-year limit arrives.
What happens if my petition is denied?
The employer can respond to a request for evidence before denial, and after denial can seek a motion to reopen or reconsider, appeal in some circumstances, or refile with stronger evidence. The worker's status and grace-period options depend on their current situation, so timing matters more than in most filings.
Planning the next cycle
Treat the H-1B as an annual campaign rather than a single form. In the fall, identify candidates and check degree fit; in winter, set wage levels with the weighted selection in mind and prepare registrations; in spring, be ready to file quickly for selectees and to pivot cap-exempt or alternative-visa candidates who miss selection. Verify every fee and date against the official USCIS cap-season page, since 2025–2026 showed how fast the rules can move — and keep the broader immigration-law picture in view so short-term visa wins connect to long-term retention.
