Who qualifies for an H-1B visa?

The job must be a specialty occupation. It needs theoretical and practical application of a body of highly specialized knowledge, and a bachelor's or higher degree, or its equivalent, in a directly related field. Examples include engineering, medicine, accounting, law, and architecture.

You must meet one of these conditions. If the state requires a license, you generally need it before USCIS approves the petition.

  • A U.S. bachelor's or higher degree that the job requires
  • An equivalent foreign degree
  • An unrestricted state license to practice the occupation
  • Education, training, or experience equal to the degree, plus recognition of expertise in the specialty

What does the employer need to file?

In the Labor Condition Application (LCA), the employer attests to wages and working conditions. It must pay at least the higher of its actual wage or the prevailing wage.

  • An LCA (Form ETA-9035/9035E) that the Department of Labor certifies
  • Form I-129, Petition for a Nonimmigrant Worker, with its H-1B supplements
  • Evidence of your degree, or of equivalent education and experience
  • For cap cases, the selection notice and evidence of the registered wage level

How do the H-1B cap and the weighted lottery work?

The regular cap is 65,000 new H-1B visas each fiscal year. Another 20,000 go to holders of a U.S. master's or higher degree.

For a cap case, the employer first registers you online and pays $215. A final rule effective February 27, 2026, weights the selection by OEWS wage level. A level IV wage enters the pool four times, level III three times, level II twice, and level I once. USCIS first used this for FY 2027, and it counts each person once.

If USCIS selects you, the employer can file from April 1, within the 90-day window on the notice. The start date must be October 1 or later.

Institutions of higher education, their related or affiliated nonprofits, nonprofit research organizations, and government research organizations are cap-exempt.

H-1B timing and fees as of October 2026

As of October 28, 2026, USCIS lists no FY 2028 registration dates. In the last two seasons, USCIS announced the dates in late January or early February, and registration opened in March.

The employer pays these fees for Form I-129 (H-1B), per Form G-1055, edition 10/16/26. Processing times vary, so check the USCIS processing times tool.

  • Registration (cap cases): $215 per beneficiary
  • Form I-129 filing fee: $780 on paper or $730 online; $460 for a small employer (25 or fewer full-time equivalent employees) or a nonprofit
  • Asylum Program Fee: $600; $300 for a small employer; $0 for a nonprofit
  • Fraud Prevention and Detection Fee: $500 for an initial petition or a change of employer
  • ACWIA fee: $1,500, or $750 for 25 or fewer full-time employees; some education and research employers are exempt
  • Public Law 114-113 fee: $4,000 if the employer has 50 or more U.S. employees and more than half hold H-1B or L-1 status
  • Premium processing (Form I-907, optional): $2,965 for USCIS action within 15 business days

How long can you stay, and what about your family?

You can generally stay up to 3 years at first and up to 6 years in total. AC21 rules can allow more time in some green card cases. If you own more than 50% of the petitioner, the first approval and the first extension are each limited to 18 months.

Your spouse and unmarried children under 21 can come in H-4 status. An H-4 spouse can get work authorization only if you have an approved Form I-140 or an AC21 extension. Since October 30, 2025, an H-4 EAD renewal does not extend the old card automatically.

If you are an F-1 student, cap-gap can extend your F-1 status and OPT work authorization. Your employer must timely file a cap petition that requests a change of status. The extension lasts until April 1 of that fiscal year, or the petition start date if earlier. The F-1 fixed admission rule, in effect since September 15, 2026, does not change this.

If your H-1B job ends, you may have up to 60 days to find a new job, change status, or leave. This period cannot go past your authorized stay.

What is the status of the $100,000 H-1B payment?

Proclamation 10973 required a $100,000 payment with certain H-1B petitions filed from September 21, 2025. USCIS applied it to workers abroad without a valid H-1B visa. It did not apply to an approved change of status or extension inside the United States.

On June 8, 2026, a federal court in Massachusetts vacated the agency actions that imposed the payment (State of California v. Mullin). On July 24, 2026, the First Circuit denied the government's motion for a stay. USCIS says DHS will comply while it considers next steps, and still plans to collect if a court lifts the order.

Proclamation 11069 extends the restriction until September 21, 2027. On September 30, 2026, a federal court in California also vacated the agency policies and barred their use under both proclamations until notice-and-comment rulemaking.

DHS also proposed a separate $103,265 fee for cap-subject petitions. It is not final. These rules are in litigation and can change, so get a case-specific review before the employer files.

Other risks and 2026 changes

  • Mismatch: if the petition does not match the registration, USCIS may reject or deny it.
  • False attestation: a registration needs a bona fide job offer. A false attestation can lead to denial or revocation.
  • Proposal only: DHS proposed to end the 60-day grace period after a job ends.
  • Venezuela: Proclamation 10998 keeps the entry suspension for immigrants and for B, F, M, and J visas. Other visas can get shorter validity.

How Buroz Law helps

Rene Buroz is an immigration attorney in Aventura, FL. The firm works with employers and professionals in English and Spanish.

  • Review of the job, the degree, and the wage level before registration
  • Preparation of the registration, the LCA, Form I-129, and responses to requests for evidence
  • Fee planning, including the current status of the $100,000 payment
  • H-4 filings and consular interview preparation

Step by step

  1. Confirm eligibility

    Check that the job is a specialty occupation and that you qualify for it.

  2. Register in March (cap cases)

    The employer registers you online and pays $215. USCIS sends any selection notice to the employer's online account.

  3. Get the LCA and file Form I-129

    The employer gets a certified LCA and then files the petition, fees, and evidence on time.

  4. Change status or get the visa

    In the United States, USCIS can approve a change of status. Abroad, you apply for the visa at a U.S. consulate.

  5. Start work

    Cap-subject employment starts on October 1 or later.

Frequent questions

When does H-1B registration for FY 2028 open?

USCIS lists no FY 2028 dates as of October 28, 2026. In the last two seasons, registration opened in March.

Does a higher salary improve my H-1B lottery odds?

Yes. A level IV wage enters the pool four times, and a level I wage enters once. USCIS still counts each person once.

Do employers still pay the $100,000 H-1B payment?

Two federal courts vacated the agency policies that collect it, and USCIS says DHS will comply. This can change, so get a current, case-specific review before the employer files.

Can my H-4 spouse work?

Only if the H-1B worker has an approved Form I-140 or an AC21 extension. The spouse then files Form I-765.

Related

Official sources