H-1B Visa Explained: Who Qualifies, How the Lottery Works, and What to Watch Out For

The H-1B is the most commonly used work visa in the United States for skilled foreign nationals. It allows US employers to hire workers in what are called "specialty occupations" — jobs that typically require at least a bachelor's degree in a relevant field. Because demand for H-1B visas far exceeds supply, most applicants must go through an annual lottery before their employer can even file a petition.

Here's a clear explanation of how the whole system works.

Who Can Get an H-1B

Two things must both be true for an H-1B to be possible:

• The job must qualify as a specialty occupation — typically roles in IT, software engineering, finance, accounting, medicine, architecture, scientific research, or similar fields that normally require a degree.
• The applicant must have a relevant bachelor's degree (or a foreign equivalent), or work experience equivalent to a degree in some cases.

The employer must be willing to sponsor the petition and pay prevailing wages. An employee cannot self-petition for an H-1B — a US employer must file on their behalf.

The H-1B Lottery: How It Works

USCIS can only issue 85,000 new H-1B visas per fiscal year (which starts October 1). Because more employers want to file than the cap allows, USCIS runs a lottery.

The process each year:

• Employers submit a registration for each prospective H-1B worker. This usually happens in March.
• USCIS randomly selects registrations from the pool. If selected, the employer has approximately 90 days to file the full petition.
• Of the 85,000 slots, 65,000 are for the regular cap and 20,000 are reserved for applicants with a US master's degree or higher (the "master's cap").
• If not selected, the registration is not carried over. You must register again the next year.

H-1B Cap Exemptions

Not everyone needs to go through the lottery. Certain employers are cap-exempt, meaning they can file H-1B petitions at any time without waiting for the annual lottery:

• Universities and colleges (institutions of higher education)
• Nonprofits affiliated with or related to universities
• Government research organizations

If you work for one of these employers, or if you're working directly in support of their mission, you may be able to file year-round with no lottery.

Duration and Renewal

An H-1B is issued for an initial period of up to 3 years. It can then be extended for another 3 years, for a maximum of 6 years total in H-1B status.

There are exceptions that allow you to stay beyond 6 years. If you are in an advanced stage of the green card process (specifically, if an I-140 immigrant petition has been approved and a visa number is not yet available), you may be able to get 1-year or 3-year extensions beyond the 6-year cap.

Key Limitations to Understand

The H-1B has several restrictions that are important to know before you rely on it:

• Employer-tied status. Your H-1B is tied to the specific employer who sponsored it. If you lose your job or resign, your authorized status ends. There is a 60-day grace period to find a new sponsor, change status, or depart.
• Changing employers. If you move to a new employer, they must file an H-1B transfer petition before you start working for them. You can begin working for the new employer once that petition is filed (not waiting for approval), but the petition must be submitted first.
• Dependent spouse. Your spouse (and children under 21) can come to the US on H-4 visas. H-4 holders can work only if they have an approved H-4 EAD, which is available in limited circumstances — mainly when the H-1B holder has reached a specific stage in the green card process.

Common Documents You'll Receive

Once your H-1B is approved, you'll deal with several documents:

• Form I-797 Approval Notice. This is the USCIS approval for your petition. It shows the validity period — the start and end dates of your authorized employment. Keep this document.
• H-1B visa stamp. This is the sticker in your passport issued by a US consulate abroad. You need a valid visa stamp to enter the US (unless you're in the US already). The visa stamp expiration date is separate from your I-797 validity dates.
• Form I-94. Your arrival/departure record, which shows how long you're authorized to stay in the US on this visit. You can check your current I-94 at i94.cbp.dhs.gov.