H-1B Visa

The most common US work visa for skilled foreign workers in specialty occupations — sponsored by employers and subject to an annual cap and lottery.

The H-1B is a nonimmigrant visa that allows US employers to temporarily employ foreign nationals in 'specialty occupations' — roles that require at least a bachelor's degree (or equivalent) in a specific field. It's by far the most common work visa for skilled professionals in the US, heavily used in technology, finance, engineering, medicine, accounting, and consulting. The visa is employer-sponsored: a company petitions USCIS on the worker's behalf and must demonstrate that the role qualifies and that the worker meets the requirements. The employee cannot self-petition.

The H-1B is subject to a statutory cap of 65,000 visas per fiscal year, plus an additional 20,000 for applicants with a US master's degree or higher. Demand has vastly exceeded supply for most of the past two decades — USCIS now holds a lottery each spring, and selection is random. Workers at universities, nonprofit research institutions, and certain government research organizations are exempt from the cap. The visa is initially granted for three years and can be extended to six years, with further extensions possible if a green card petition is pending.

The H-1B has significant implications for worker mobility. H-1B status is employer-tied: if you lose your job, you have a 60-day grace period to find a new employer willing to sponsor a transfer, adjust to another status, or depart the US. This creates substantial leverage for employers over H-1B workers, who may be reluctant to report workplace violations, push back on working conditions, or change jobs even if treated unfairly. Policy reforms to increase portability and reduce the cap backlog are a recurring legislative discussion but as of 2024 have not passed.

H-1B Process Timeline

The H-1B cycle runs on the federal fiscal year. In early March, USCIS opens a roughly two-week registration window during which employers register their prospective H-1B workers for a $215 fee. If total registrations exceed the 65,000 cap (plus 20,000 for US master's degree holders), USCIS runs a lottery — in recent years, regular-cap odds have been roughly 20–35%. Selected registrants are notified in late March or April and have 90 days to file full petitions. If approved, workers can begin H-1B employment on October 1, the start of the federal fiscal year. For graduates on OPT who need H-1B sponsorship, the practical implication is that you typically need a job offer in hand by January or February to have any chance of starting H-1B employment in October of the same year — which means the graduation-to-offer window is narrow.

Key H-1B Facts for Employees

  • You can change employers while on H-1B — the new employer files a transfer petition; you can start the new job when the petition is filed, not when approved.
  • The 60-day grace period begins on the date of termination, not the date you learn of it.
  • H-1B employers must pay the 'prevailing wage' for your role and location — verify this on the Department of Labor's disclosure database.
  • Your spouse and children under 21 can obtain H-4 dependent visas; H-4 EAD (work authorization) is available if you have an approved I-140 (green card petition), though this benefit has been challenged in courts.
  • Begin green card planning early — PERM labor certification, I-140 approval, and priority date waiting times can take 5–20+ years depending on your country of birth.

Example

A software engineer from India on OPT receives H-1B sponsorship from their employer. They register in March, get selected in the lottery (roughly 1-in-3 odds), and begin H-1B status on October 1 — while simultaneously asking their employer to file a PERM labor certification to start the green card clock, which for Indian nationals could run 10–20+ years.