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H-1B VISA - COMPREHENSIVE GUIDE 2026
Your Complete Guide to the U.S. Employment-Based Nonimmigrant Visa
The H-1B visa is a nonimmigrant work visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. With significant changes in 2025-2026, including fee increases and new selection criteria, understanding the current requirements and process is essential for both employers and applicants.
Legal Right to Work in the U.S.
Access to High-Quality Job Opportunities
Pathway to Permanent Residency (Green Card)
Ability to Bring Dependents
Flexible Employment Options
What is the H-1B Visa?
The H-1B is a nonimmigrant visa category designed for employers seeking to hire foreign workers in specialty occupations. Unlike the L visa and E visa categories, H-1B sponsorship has minimal requirements on the U.S. employer, making it a flexible option for companies needing specialized talent.
Key Advantages:
✓ Minimal employer requirements compared to other visa categories
✓ No requirement for the applicant to hold a managerial position
✓ Applies to specialty occupations requiring specialized knowledge
✓ Includes exceptions for fashion models of distinguished merit
✓ Unlimited visas available for universities, nonprofits, and DOD research entities
Who is Eligible for H-1B?
Bachelor's Degree or Higher:
A U.S. bachelor’s degree OR a foreign degree equivalent to a U.S. bachelor’s degree
Work Experience
Several years of professional work experience (in lieu of degree)
Combination
A combination of work experience and educational background
Fashion Model Exception
Models of distinguished merit and ability (rare category)
Master's Degree Advantage
Applicants holding a U.S. Master’s degree or higher benefit from a separate visa quota pool (the “master’s cap”), increasing approval chances
Foreign Degree Evaluation
If your degree is from a foreign institution, you must obtain a credential evaluation service (foreign credential evaluation) to demonstrate equivalency to a U.S. bachelor’s degree. This evaluation must be recognized by U.S. immigration authorities
Employer Requirements
Job Offer Requirements
Before sponsoring an H-1B worker, employers must ensure:
Specialty Occupation: The position must require specialized knowledge and application of a body of highly specialized knowledge
Specific Job Offer: A concrete, documented job offer must exist
Prevailing Wage: Salary must equal or exceed the higher of:
The actual wage paid to comparable employees with similar experience/qualifications, OR
The prevailing wage for that occupation in the geographic area
No Adverse Effect: Employment of the H-1B worker must not adversely affect wages/working conditions of similarly situated U.S. workers
No Active Strike: There must be no ongoing strike or lockout at the workplace
Labor Condition Attestation (LCA)
Before filing an H-1B petition, the employer must submit a Labor Condition Attestation (Form ETA-9035) to the U.S. Department of Labor, including:
Proposed salary information
Confirmation that no strike/lockout exists
Proof of union notification OR posting notices to affected workers for at least 10 days
Certification that qualified U.S. workers were sought
Company Considerations
Companies relying heavily on H-1B workers may face complicated processing and heightened scrutiny from the Department of Labor
Application Process
The H-1B process follows a structured timeline with specific registration and petition phases:
Step 1: Registration (March)
The U.S. employer registers with USCIS in March before the fiscal year (October)
Registration period opens one week after the announcement
Employers submit preliminary information about potential foreign employees (beneficiaries)
Registration window typically lasts approximately two weeks
Step 2: Lottery Selection (if needed)
If applications exceed available visas, USCIS conducts a lottery
Winners are notified they can proceed to petition filing
As of 2026, USCIS implements weighted selection favoring higher-skilled and higher-paid aliens
Step 3: Petition Filing (April onwards)
Approved registrants may file H-1B petitions beginning April 1
Petitions include extensive documentation:
Form I-129 application
Educational credentials
Passport documents
Proof of job offer
Evidence of foreign degree equivalency (if applicable)
Prevailing wage documentation
Step 4: Processing
Standard Processing (15+ months):
No additional fees
Expect feedback after approximately 15 days, but full processing may take several months
Premium Processing ($2,500 fee):
Expedited 15-day decision on petition
Recommended for time-sensitive hires
Step 5: Visa Application
Once the petition is approved, apply for the actual visa at a U.S. embassy or consulate (often in your home country)
Important Note
The H-1B visa cannot be applied for at any time—it’s tied to specific registration/filing periods, unlike categories E, L, O, and J.
H-1B Quota System
Annual Caps (Fiscal Year 2026)
Regular Cap: 65,000 H-1B visas per fiscal year (October-September)
Master’s Cap: 20,000 additional visas for applicants with U.S. master’s degrees or higher
Total Regular Availability: Well over 85,000 due to various exemptions
Exemptions from Cap
The following positions have NO quota restrictions:
Employees of universities and their affiliated nonprofits
Employees of nonprofit research institutions
Employees of certain government-affiliated research entities (DOD cooperative projects)
Fashion models of distinguished merit
Selection Process (2026 Changes)
Effective February 27, 2026, for FY 2027 registrations, USCIS will implement a weighted selection process that favors:
Higher-skilled positions
Higher-paid positions
While maintaining opportunities for employers at all wage levels
Better aligns with Congressional intent
Visa Validity & Duration
Initial Period
Initial Approval: 3 years in most cases
Renewable: Can be extended for additional 3-year periods
Maximum Stay
Total H-1B Duration: Cannot exceed 6 years maximum
Exception: This 6-year limit may not apply if an I-140 petition for green card is pending
Example Timeline:
Years 1-3: Initial H-1B status
Years 3-6: First renewal (if approved)
Beyond 6 years: Possible with pending green card application
Green Card Pathway
Key Advantage
Unlike many work visas (such as H-2B), H-1B workers can apply for green cards without disadvantage.
Immigration Intent
H-1B applicants are NOT required to prove:
Lack of immigration intent
Maintenance of foreign residence
Any ties to their home country
This makes H-1B an excellent stepping stone to permanent residency.
I-140 Petition
H-1B workers can file green card petitions (EB-based categories) while maintaining valid H-1B status:
Benefits of Pending I-140:
The 6-year H-1B limit may not apply if an I-140 is pending
Allows extended employment beyond initial 6 years
Provides path to permanent residency
Employment authorization continues during processing
Family Members & Dependents
H-4 Visa Eligibility
Spouses and unmarried children under age 21 may accompany an H-1B principal applicant on an H-4 dependent visa.
H-4 Restrictions
H-4 visa holders are GENERALLY NOT permitted to work.
Major Exception: H-4 Work Authorization
If an I-140 employment-based green card petition has been approved for the H-1B principal, the H-4 spouse becomes eligible to:
Apply for employment authorization document (EAD)
Work in any job of their choice
Change employers freely
No longer bound by H-4 restrictions
Benefits of H-4 Status
Family unity during employment tenure
Access to Social Security Number (with EAD)
Educational opportunities for children
Spousal work authorization (once I-140 approved)
Frequently Asked Questions
Can I work in any U.S. state with an H-1B visa?
Your H-1B is tied to the specific employer and job location listed in your petition. Changing employers, job duties, or locations requires amendment or new petition filing.
How long does H-1B processing take?
Standard: 15+ months (registration to visa)
Premium Processing: Approximately 2-3 months (with $2,500 fee)
What happens if the H-1B cap is reached?
If annual quotas are exceeded, USCIS conducts a lottery. Unsuccessful registrants must wait for the next fiscal year or explore alternative visa options.
Can I change employers while on H-1B?
Yes, but the new employer must file an H-1B amendment or new petition. You cannot work for the new employer until approval. Some portability exists for amended petitions.
Does H-1B lead to green card?
H-1B is not an automatic green card pathway, but it’s an excellent visa category for those pursuing employment-based green cards. Many H-1B workers transition to EB-3 or EB-2 categories.
What salary should I expect as an H-1B worker?
Salary must meet or exceed prevailing wage for the occupation and geographic area, or actual wage paid to comparable employees—whichever is higher. Entry-level positions in major metros typically range $60,000-$100,000+.
Our H-1B attorneys advise on questions regarding the H-1B visa
We are happy to clarify for you whether you meet the requirements for an H visa or explain other alternatives for a U.S. work visa that exist for your specific case. Please contact us at any time if you would like to make an appointment for a consultation with one of our experts – either by email (info@rasamglobal.com) or by telephone (+1)949 357 8069.