Mark I. Davies, Esq., J.D., University of Pennsylvania Law School, licensed by the SRA (SRA ID: 384468) in the UK, and a member of The Law Society of England & Wales, MBA, Wharton School of Business. Top 10 Investment Visa Lawyer. Licensed in the USA. Georgia State Bar member. AILA member.
Temporary Work Visas: H1-B Visas
H-1B Visa OverviewH-1B Application ProcessH-1B Visa StatusL-1 VisaE-2 VisaO-1 Visa
H-1B Visa – U.S. Work Visa for Specialty Occupations
The H-1B visa is one of the most widely used U.S. temporary work visas for highly skilled professionals. It allows U.S. employers to hire foreign workers in specialty occupations that require specialized knowledge and at least a bachelor's degree or equivalent experience.
This visa is commonly used by companies in industries such as technology, engineering, healthcare, finance, and research when they need expertise that may not be readily available in the U.S. labor market.
For international professionals and businesses expanding into the United States, the H-1B visa can provide an important pathway to working in the U.S. and, in many cases, can lead to permanent residency.
New to H-1B Visas? Start Here
Before the cap, application process, and current legal developments covered below, get the fundamentals first: dual intent, the H-4 spouse and dependent rules, and how the H-1B compares to other US work-visa categories.
Read the Basic Overview of H1-B Visas →What Is an H-1B Visa?
The H-1B visa is a non-immigrant employment visa that allows U.S. employers to temporarily hire foreign professionals in specialized occupations.
To qualify, the job must normally require:
- Specialized knowledge
- At least a bachelor's degree in a related field
- A professional skill set tied directly to the role
Examples of common H-1B occupations include:
- Software engineers
- IT specialists
- Financial analysts
- Engineers
- Architects
- Doctors and healthcare professionals
- Scientists and researchers
Employers must sponsor the worker and submit a petition to U.S. Citizenship and Immigration Services (USCIS).
Key Benefits of the H-1B Visa
The H-1B visa offers several advantages for both employers and employees.
For Employers
- Access to global talent
- Ability to fill highly specialized roles
- Maintain competitiveness in global industries
For Professionals
- Opportunity to work legally in the United States
- Ability to bring dependents under the H-4 visa
- Potential pathway to a U.S. green card
Many international professionals first enter the U.S. through an H-1B visa and later transition to permanent residency through employer sponsorship.
H-1B Visa Requirements
To qualify for an H-1B visa, both the employer and the employee must meet specific requirements.
1. Specialty Occupation
The job offered must qualify as a specialty occupation, meaning it requires theoretical and practical application of specialized knowledge.
2. Educational Requirements
The applicant must typically have:
- A bachelor's degree or higher in a related field, or
- Equivalent work experience
3. Employer Sponsorship
The H-1B visa must be sponsored by a U.S. employer. Self-petitioning is generally not allowed.
4. Labor Condition Application (LCA)
Before filing the H-1B petition, the employer must submit an LCA to the U.S. Department of Labor confirming:
- The worker will receive the prevailing wage
- The employment will not negatively impact U.S. workers
- There is no labor dispute affecting the position
5. Employer Petition
After LCA approval, the employer files Form I-129 with USCIS requesting H-1B status for the worker.
The H-1B Cap and Lottery System
Most H-1B visas are subject to an annual numerical limit known as the H-1B cap.
Currently, the cap allows approximately:
- 65,000 visas under the regular cap
- 20,000 additional visas for applicants with a U.S. master's degree or higher
Because demand usually exceeds supply, USCIS uses a lottery system to select petitions for processing.
Employers must first register electronically during the annual H-1B registration period, typically held in March each year.
H-1B Visa Duration
The H-1B visa is usually granted for:
- Initial period: up to 3 years
- Maximum stay: 6 years total
Extensions may be available in certain circumstances, particularly when a worker is pursuing permanent residency.
H-1B Visa Fees
H-1B visa applications involve several government fees, which are typically paid by the sponsoring employer. As of 2026, these include:
- Registration fee: $215, paid by the employer during the electronic lottery registration.
- Base I-129 filing fee: $780 for most employers, or $460 for small employers (25 or fewer full-time employees) and nonprofits.
- Fraud Prevention and Detection fee: $500, required for new employers or job changes (not for extensions with the same employer).
- ACWIA training fee: $750 for small employers, or $1,500 for employers with 26 or more employees.
- Asylum Program fee: $600 for employers with 26 or more employees, $300 for smaller employers, and $0 for nonprofit organizations.
- Public Law 114-113 fee: $4,000, but only for employers with 50 or more total employees where more than half hold H-1B or L-1 status.
- Optional premium processing fee: $2,965, as of March 1, 2026.
Fee figures above per immi-usa.com, H-1B Visa Cost to Employers in 2026. Fees change; always confirm current amounts before filing.
The $100,000 H-1B Fee: Current Status
On September 19, 2025, President Trump signed Presidential Proclamation 10973, introducing a one-time $100,000 payment requirement for new H-1B petitions, effective from 12:01 a.m. Eastern Time on September 21, 2025. The fee targeted petitions for workers who were outside the United States without a valid H-1B visa, or who were in the United States but whose petition requested consular, port-of-entry, or preflight processing. It did not apply to petitions filed before the effective date, extensions of stay, changes of status filed from within the U.S., amended petitions, or beneficiaries who already held a valid H-1B visa. USCIS described the accompanying national interest exception as "extraordinarily rare." (Source: American Immigration Council)
The fee has since been blocked in court and is not currently in effect. On June 8, 2026, the U.S. District Court for the District of Massachusetts (Judge Leo T. Sorokin), ruling in State of California, et al. v. MarkWayne Mullin, et al., No. 1:25-cv-13829-LTS, vacated the policy implementing Proclamation 10973 in its entirety, holding that the $100,000 requirement functioned as a tax that Congress had not authorized the President to impose. (Read the district court\u2019s order) On June 12, 2026, Judge Sorokin temporarily and administratively stayed his own ruling while the government sought emergency relief, briefly reinstating the fee. On July 24, 2026, the U.S. Court of Appeals for the First Circuit denied the government\u2019s request to pause the district court\u2019s decision, finding the government had not shown it was likely to succeed on appeal \u2014 lifting the stay and blocking the fee again. (Read the First Circuit\u2019s order) (Sources: Klasko Immigration Law, Clark Hill, Littler)
As of this writing, no $100,000 fee is due when filing an H-1B petition, but the government\u2019s appeal is ongoing, could reach the Supreme Court, and parallel challenges remain pending in other courts. The underlying Proclamation is itself a temporary 12-month measure due to expire on September 20, 2026 unless extended. Given how quickly this situation has moved \u2014 and could move again \u2014 please confirm the current status with our office before filing, particularly for any employee who may need to travel internationally.
Because fees and requirements can change, it is important to obtain professional guidance before filing. For a detailed breakdown of Form I-129, the petition an employer files to sponsor an H-1B worker, see our complete Form I-129 guide.
H-1B Visa Application Process
The H-1B process generally involves the following steps:
Step 1: Employer Sponsorship
A U.S. company offers a qualifying specialty occupation job.
Step 2: Labor Condition Application
The employer files an LCA with the Department of Labor.
Step 3: H-1B Registration
If the position is subject to the cap, the employer submits electronic registration during the annual H-1B lottery.
Step 4: Petition Filing
If selected, the employer files Form I-129 with USCIS.
Step 5: Visa Issuance or Status Change
Once approved, the worker may:
- Apply for an H-1B visa at a U.S. consulate, or
- Change status within the United States
H-4 Visa for Family Members
Spouses and unmarried children under 21 can accompany the H-1B worker through the H-4 dependent visa.
Benefits may include:
- Ability to live in the United States
- Access to education
- Work authorization for certain spouses when a green card process is underway
Alternatives to the H-1B Visa
Due to the annual cap and lottery system, many applicants also consider alternative work visas such as:
H-1B1 for Singaporean and Chilean nationals. Nationals of Singapore and Chile have a treaty-based alternative, the H-1B1, which needs no lottery and no initial USCIS petition. Singaporeans who are resident in the United Kingdom can often process it through the US Embassy London; our London office covers the residency test in its H-1B1 visa guide for Singaporeans in London.
- L-1 Visa – for intracompany transfers
- O-1 Visa – for individuals with extraordinary ability
- TN Visa – for Canadian and Mexican professionals
- E-2 Visa – for treaty investors
Choosing the right visa depends on your qualifications, employer structure, and long-term immigration goals.
H-1B Visa Legal Assistance
The H-1B process can be complex and competitive. Errors in the application process may lead to delays or denials.
Our immigration professionals assist with:
- H-1B eligibility assessments
- Employer sponsorship strategy
- Petition preparation and filing
- Compliance and wage requirements
- Long-term immigration planning
Whether you are an employer seeking specialized talent or a professional looking to work in the United States, expert guidance can help ensure the strongest possible application.
About the Authors
Mark I. Davies, Esq.
Chairman of Davies & Associates; focused on E visa strategy and complex consular filings.
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