H-1B normally requires a U.S. employer to file the petition. Cap rules can apply to many new cases, while some employers or positions may be cap-exempt.
Who this route suits
Professionals with qualifying specialty occupation job offers.
Specialty occupation requirement
The position must qualify as a specialty occupation requiring at least a U.S. bachelor's degree or equivalent in a specific specialty.
Annual cap and lottery
Most new H-1B petitions are subject to an annual cap. When applications exceed the cap, a random lottery is held. Cap-exempt employers include universities, non-profits affiliated with universities, and government research organizations.
Duration
Initial H-1B is issued for up to 3 years, extendable to 6 years total. Extensions beyond 6 years may be possible in certain permanent residence situations.
Important to know
Explain employer petition, specialty occupation, and cap treatment separately.
Frequently asked questions
- When does the H-1B lottery happen?
- USCIS conducts the H-1B lottery annually, typically in March for petitions with an October 1 start date.
- Can I change jobs on an H-1B?
- Yes, with a new petition from the new employer. In some cases, portability rules allow you to start the new job once the petition is filed.
Check before you apply. General information only. Requirements, fees, and occupation lists change. The relevant authority makes the final decision on every application. Confirm current requirements with U.S. Citizenship and Immigration Services (USCIS).
Related routes
Working in a regulated profession in United States?
A visa does not give permission to practise a regulated profession. Registration is a separate process.