H-1B Visa: The Basic Concepts Summarized

Last Updated:	September 2026
Written by:	*Mark I. Davies, Esq., MBA (Wharton School), Fellow University of Pennsylvania Carey Law School. Ga. Bar License #: 283816, AILA Member, SRA ID: #384468.*
Reviewed by:	*Sukanya Raman, Esq., Managing Attorney Davies & Associates, India*

H1-B and Dual Intent

The H1-B visa is probably the most popular visa used by workers seeking employment authorization in the United States. One reason for the popularity of the H1-B visa is that it allows dual intent. Dual intent means that you can hold an H1-B visa and simultaneously apply for legal permanent residency (a "green card").

H1-B is for A Limited List of Specialists and Professionals

The H1-B visa is available to a limited list of professionals and specialists. USCIS guidance on approved professions and specialities is available by clicking here. A professional typically will seek an H-1B to begin work in the United States, and often, but not always, later file an application to obtain permanent resident status.

How Long is an H1-B Visa Valid for?

An H-1B petition may be valid initially for up to three years. USCIS commonly grant an extension of the initial H1-B visa for a second period of three years. Limited additional H1-B visa extensions are available beyond the second year period in special circumstances.

Do You Qualify for an H1-B Visa?

Immigration lawyers and USCIS generally apply a three step analysis to see if a client might qualify for an H1-B visa:.

The attorney will determine if the position the foreign national will fill is a professional or specialist job;
The attorney will review the applicants education and background to ensure that they qualify for the position;
The wages offered by the potential employer must satisfy the Department of Labor (DOL) labor condition application (LCA) criteria; and
It must be determined whether the H1-B applicant is inadmissable to the United States.

Verified Visa Filing Fees

USCIS filing fees for an H-1B petition depend on your employer's size, how many workers you're filing for, and the type of petition. Verified against the current USCIS fee schedule as of September 2026, the estimator below breaks the fees down line by line.

Step 1

Employer & petition details

Employer type

Higher-education and certain nonprofit petitioners are exempt from two of the surcharges below.

For-profit employer Higher-ed & qualifying nonprofit

Full-time U.S. employees

Sets the "small employer" (25 or fewer) vs. "large employer" (26+) fee tier.

Large employer tier

Number of H-1B workers in this filing

petitions

Petition type

Applies to all workers in this filing. New H-1B registrants pay the lottery registration fee; extensions skip the training and fraud-prevention surcharges.

New H-1B via cap lottery Change of employer Extension, same employer

Additional factors 50+ U.S. employees, over half in H-1B/L-1 status Triggers the Public Law 114-113 fee on every petition ($4,000 each). Add premium processing 15 business-day adjudication, $2,965 per petition (Form I-907).

Step 2

Fee ledger

Estimated totalfor 1 worker $0

Average per worker $0

Application Forms

The H-1B petition itself is filed using Form I-129, Petition for a Nonimmigrant Worker. See our Form I-129 guide for a full breakdown of the form's sections, supporting evidence, and current processing times.

UK-based applicants can find country-specific guidance in our companion guide: see our H-1B Visa Guide for British Citizens for details on qualifying, the London embassy interview process, and the current cap and litigation landscape.

Questions?

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