What is the H-1B visa?

The H-1B is for professionals in specialty occupations that require a bachelor's degree or higher (or its equivalent) in a field directly related to the position. It allows an initial stay of up to three years, extendable to a maximum of six (with some exceptions), and permits spouses and children under 21 to accompany the worker as dependents.

Talk to an attorney

Book a Clarity Call

Key benefits

  • Dual intent — you can pursue a green card while holding H-1B status.
  • Portability — H-1B holders can change employers through an H-1B transfer.
  • Related categories exist for certain nationalities: E-3 (Australia), H-1B1 (Chile & Singapore).

The annual cap and lottery

The annual H-1B cap is 85,000 visas (65,000 general plus 20,000 reserved for U.S. advanced-degree holders), and registrations routinely exceed that number, triggering a lottery. Starting with the FY2027 cap season, a new DHS rule (effective February 27, 2026) replaces the purely random lottery with a wage-level weighted selection: each registration is assigned to an OEWS wage level (I through IV) for the offered wage, occupation, and area of employment, and higher wage levels receive more entries in the selection pool — Level IV registrations get four entries, Level I get one. Each unique beneficiary is still selected only once no matter how many employers register them, so it remains a weighted lottery, not a ranked or guaranteed system.

Common challenges

  • Specialty-occupation RFEs — documenting the degree-to-role connection and industry standards.
  • Third-party worksite placements — right-to-control and end-client documentation.
  • Wage-level challenges — position complexity and industry comparison documentation.
  • Startup and small-company petitions — demonstrating business viability and a legitimate employer-employee relationship, including for founders with an equity stake.

Process and timeline

Registration typically opens in March for an October 1 start date, with USCIS notifying selected registrants by the end of that month and a 90-day window to file the full petition. Let our firm know by early January so we can get your assessment and review started in a timely manner ahead of that window. If you're not selected, we build out the realistic backup — cap-exempt concurrent employment, O-1, L-1, further education, or a Canadian bridge while a green card matures.

Fees
Service
Flat Attorney Fee (USD)
Notes
Service
H-1B specialty occupation (USCIS filing)
Flat Attorney Fee (USD)
From $4,000
Notes
Employer-pay; corporate rates handled separately

Work with an attorney who handles your case

Many L-1 visa holders ultimately seek permanent residency in the United States, particularly for L-1A executives and managers via the EB-1C category. Please engage an attorney to discuss your unique pathway.

Book Your 30-Minute Clarity Call