H-1B Visa Guide 2026

Specialty occupation work visa: requirements, process, wage levels, and cap strategy

What Is the H-1B Visa?

The H-1B is a nonimmigrant work visa for specialty occupations requiring at least a bachelor's degree (or equivalent). It's the primary pathway for foreign professionals in tech, healthcare, finance, engineering, and other specialized fields to work legally in the United States.

Key constraints: 65,000 regular cap + 20,000 advanced degree exemption per year. The visa is employer-sponsored — you need a US employer to file on your behalf.

H-1B Requirements

1. Specialty Occupation

The position must require:

• A bachelor's degree or higher in a specific field (or equivalent experience)
• The degree is normally the minimum for entry into the occupation
• The job is so complex that only someone with the degree could perform it

Common qualifying fields: Computer Science, Engineering, Medicine, Mathematics, Physical Sciences, Business (with specific coursework).

2. Employer Sponsorship

Your US employer must:

• Offer a genuine employer-employee relationship
• File LCA (Labor Condition Application) with DOL attesting to wage and working conditions
• File I-797 petition with USCIS

3. Minimum Qualifications

You must have:

• At least a bachelor's degree (US or foreign equivalent)
• The degree must be in a directly related field
• Foreign degrees may need evaluation by a credentials evaluation service

H-1B Cap Registration Process (FY2027)

Starting FY2025, USCIS uses a wage-level selection system. Higher wage levels get priority — Level IV first, down to Level I. This means even if registered, low-wage positions may not be selected.

Prevailing Wage Levels

Cap-Exempt Employers

If you work for a cap-exempt employer, you can file H-1B year-round without the lottery:

• Institutions of higher education
• Nonprofit research organizations
• Government research organizations
• Nonprofit entities related to or affiliated with higher education

H-1B Duration & Extensions

• Initial stay: up to 3 years
• Extension: up to 3 years (maximum 6 years total)
• Beyond 6 years: requires approved I-140 (employment-based green card)

Change of Employer

A new H-1B from a different employer does NOT count against the cap (unless it's a new cap subject petition). You can port your priority date from an approved I-140 to future green card applications.

Tools & Next Steps

Frequently Asked Questions

Can I have multiple H-1B registrations?

No. As of 2021, each beneficiary can only have one registration per fiscal year. Multiple registrations from the same person result in all being denied.

What if my H-1B is not selected?

Options: (1) Cap-exempt employer transfer, (2) O-1 extraordinary ability visa, (3) L-1 intracompany transfer, (4) F-1 OPT work authorization, (5) Wait for next year's lottery.

Does STEM OPT affect H-1B cap?

No. Students on STEM OPT extensions who are not selected in the lottery can continue working until their STEM OPT expires. They remain eligible for future H-1B lotteries.