What is the US H-1B Visa?
The H-1B visa allows US employers to hire foreign professionals in speciality occupations — roles requiring at least a bachelor's degree in a specific field. The visa is initially granted for 3 years, extendable to 6. Each year, 85,000 new H-1B visas are available (65,000 regular cap plus 20,000 for holders of US master's degrees or higher). Because demand far exceeds supply, a lottery determines who can proceed. The employer files and pays for the entire petition. Since September 2025, a $100,000 supplemental fee applies to most new petitions for beneficiaries outside the US. This policy is under active legal challenge and set to expire in September 2026 unless renewed.
Do you qualify?
You must meet two requirements for the H-1B visa: a qualifying job offer in a speciality occupation, and the right qualifications for that role. Both are required — missing either means the petition will be denied. However, meeting both does not guarantee the visa. Cap-subject petitions must first be selected in the annual lottery.
Note: This information is for guidance only and does not constitute immigration advice. Requirements change — verify current figures at the official government source before applying.
The role must be a speciality occupation — one that requires at least a bachelor's degree (or equivalent) in a specific field directly related to the job. The employer must be willing to sponsor the H-1B petition and pay at least the prevailing wage for that occupation and location. If the employer offers a role and confirms they will sponsor the H-1B, they have already determined the role qualifies, and the wage is compliant.
You must hold at least a US bachelor's degree or its foreign equivalent in a field directly related to the job. A combination of education and professional experience can sometimes satisfy this requirement — typically, 3 years of relevant professional experience substitutes for 1 year of college (the "3 - for -1 rule"). A US master's degree or higher gives access to the additional 20,000-visa master's cap pool, which provides a second chance in the lottery.
2026 salary requirements
The H-1B has no fixed national salary threshold. Instead, each role has a prevailing wage set by the US Department of Labour (DOL) based on the specific occupation and geographic location. The employer must pay at least the prevailing wage or the actual wage paid to similar employees at the company — whichever is higher.
How prevailing wages work: The DOL uses a four-level system based on experience and complexity:
Wages vary significantly by occupation and city. A Level II software engineer in San Francisco may have a prevailing wage of $130,000, while the same level in Dallas may be $95,000. The employer determines the correct wage level when filing the Labour Condition Application (LCA) with the DOL.
Impact on the lottery (from March 2026): The lottery is now wage-weighted. Registrations at higher prevailing wage levels receive more entries — Level IV receives four entries, Level I receives one. Higher wages improve selection odds but do not guarantee selection. US Citizenship and Immigration Services (USCIS) estimates suggest Level IV registrations may approach approximately 60% selection probability, while Level I may fall closer to 15%. These are projections, not guaranteed outcomes.
What you need to apply
The employer files the H-1B petition on your behalf — you do not apply directly to USCIS. The items below are what you'll need to provide to the employer's immigration team. A few items sit with the employer.
If you do not have any of the documents below, you can read the FAQs section below for further guidance.
What to expect, step by step
The H-1B runs on a fixed annual cycle, not a rolling application like most work visas. The employer registers in March, files if selected, and employment begins on 1 October. Total time from registration to starting work is approximately 28–30 weeks. If not selected in the lottery, the process cannot proceed until the following year.
Most common delay: Requests for Evidence (RFEs). USCIS has increased scrutiny of H-1B petitions, particularly around the speciality occupation standard (whether the role genuinely requires a specific degree) and wage level justification. A well-prepared petition with detailed job descriptions and clear degree-to-role alignment reduces RFE risk significantly.
The employer identifies the role, determines the prevailing wage level, and prepares the electronic registration. The employer confirms the Standard Occupational Classification (SOC) code, the worksite location, and the offered salary. Internal legal review and credential evaluation should be completed during this period.
The employer submits an electronic registration for each candidate through USCIS ($215 per registration). The registration window is typically open for about 2 weeks in early March. USCIS conducts the lottery by the end of March. Since March 2026, the lottery is wage-weighted — higher prevailing wage levels receive more entries.
If the registration is selected, the employer has until June 30 to file the full H-1B petition (Form I-129) with USCIS, along with all supporting documents and fees. The Labour Condition Application (LCA) must be filed and certified before the petition is submitted. Premium processing ($2,965) gives a decision within 15 calendar days. Standard processing can take 3–6 months.
USCIS reviews the petition. A Request for Evidence (RFE) may be issued if the agency needs additional documentation — responding to an RFE typically adds 2–4 weeks. If approved, USCIS issues Form I-797 (Approval Notice).
The H-1B status starts on October 1 of the relevant fiscal year. If the candidate is already in the US on another status (F-1, L-1), a change of status takes effect on this date. If the candidate is outside the US, they attend a consular interview and receive the H-1B visa stamp before travelling.
Frequently asked questions
Yes. H-1B portability allows you to start working for a new employer as soon as the new employer files a new H-1B petition on your behalf — you do not need to wait for approval. The new employer must be willing to sponsor and file a new petition. The new role must also be a specialty occupation paying the prevailing wage. If the new petition is ultimately denied, you must stop working for the new employer.
Your spouse and unmarried children under 21 receive H-4 dependent status. H-4 holders can live and study in the US but work authorisation is limited. H-4 spouses may apply for an Employment Authorisation Document (EAD) only if the H-1B holder has an approved immigrant petition (I-140) or is in a period of H-1B extension beyond the standard 6-year limit. H-4 work authorisation has been subject to repeated policy changes and legal challenges — verify the current rules before relying on it.
Each year, 85,000 new cap-subject H-1B visas are available: 65,000 under the regular cap and 20,000 under the master's cap (for holders of US master's degrees or higher). Demand far exceeds supply — in 2026, approximately 210,000 registrations were submitted for 85,000 slots. Since March 2026, the lottery has been wage-weighted: registrations at higher prevailing wage levels receive more entries (Level IV gets four entries, Level I gets one). USCIS estimates Level IV registrations may have approximately 60% selection probability, Level I approximately 15%. Holders of US master's degrees get two chances — first in the master's cap pool, then in the regular cap if not selected.
A Presidential Proclamation signed on 19 September 2025 imposed a $100,000 supplemental fee on most new H-1B petitions for beneficiaries outside the US. The fee does not apply to extensions, amendments, or change-of-status petitions for individuals already in the US (including F-1 students changing to H-1B). It is paid by the employer through pay.gov before filing the petition. The proclamation is set to expire on 21 September 2026 unless renewed, and is under active legal challenge in multiple courts. This is one of the most significant cost barriers to the H-1B for international applicants and may change at any time.
All H-1B petition costs are legally the employer's responsibility. A typical cap-subject petition costs the employer $4,000–$8,000 in government fees alone (registration, base filing fee, anti-fraud fee, training fee, asylum fee), plus $2,965 if premium processing is requested. Attorney fees typically add $3,000–$7,000. The $100,000 supplemental fee, if applicable, is on top of all of this. The employer cannot pass any petition-related fees to the candidate. The candidate's own costs are limited to the visa stamp fee at the US consulate ($205 DS-160 fee) and any credential evaluation fees (~$100–$300).
The H-1B does not directly grant permanent residence, but it is the most common bridge to an employer-sponsored green card. The employer can sponsor you for a green card while you are on H-1B status. The process involves a labour certification (PERM), an immigrant petition (I-140), and then adjustment of status or consular processing. Timelines vary dramatically by country of birth due to per-country visa caps. Most nationalities can complete the process within 2–4 years. Indian-born applicants currently face backlogs of 10+ years for EB-2/EB-3 categories, and Chinese-born applicants face 5–8 year waits. The H-1B's 6-year limit can be extended in 1- or 3-year increments while the green card process is pending.
If not selected, the petition cannot proceed for that fiscal year. Options include: trying again in the next year's lottery, exploring cap-exempt H-1B employment (universities, research institutions, and certain nonprofit organisations are exempt from the 85,000 cap and do not require lottery selection), pursuing alternative visa categories (O-1A for individuals with extraordinary ability, L-1 for intracompany transfers, or TN for Canadian and Mexican citizens under USMCA), or continuing on current status if already in the US (such as F-1 OPT/STEM OPT).
Yes. Institutions of higher education, nonprofit research organisations affiliated with or related to institutions of higher education, and certain government research organisations are exempt from the 85,000 annual cap. Working for a cap-exempt employer means no lottery — the petition can be filed at any time. However, if you later move to a cap-subject employer (a private company), you will need to go through the lottery at that point unless you already held cap-subject H-1B status.
There is no English language test for the H-1B visa. However, most specialty occupations in the US are conducted in English, and the interview at the US consulate is in English. Functional English is a practical necessity even though it is not a legal requirement.
Find visa-sponsored jobs in United States
Every job listed on Workbeyond is from an employer that sponsors international workers in the United States. Use the filters to narrow by profession, city, and seniority level to find roles that match your criteria.