H1-B Overview
H-1B Professional Visa is an employer-petitioned nonimmigrant visa, allowing for temporary employment of foreign workers in specialty occupations. Common H-1B qualifying positions include professional roles in IT, engineering, finance, academia, and healthcare.
Requirements of H-1B Visa
- Labor Condition Application (LCA): Before filing a petition with USCIS, employers must submit an LCA to the Department of Labor (DOL) attesting that the foreign employee will be paid at least the prevailing wage for the occupation at the work location.
- Specialty Occupation: The offered position offered must be a specialty occupation that requires a minimum a U.S. bachelor’s or higher degree in a directly related specific specialty.
- Applicant: The foreign national must hold the requisite U.S. degree (or foreign degree equivalent) required by the specialty occupation from an accredited college or university.
Key Features of H1-B Visa
Immigration Status
Temporary, non-immigrant status. H-1B visa holder may have “dual intent” to work in the U.S. in H-1B status for a temporary period, and at the same time, apply for a green card to remain longer in the U.S. on a permanent basis.
Period of validity
H-1B visa holders are authorized to stay and work in the U.S. for a maximum of six years with certain limited exceptions if an employment-based greencard application.
Work Authorization for Applicant Spouse
An H-1B visa holder’s spouse may apply for an employment authorization document (EAD) under certain limited circumstances when the H-1B holder has an approved I-140.
H-1B CAP Registration
H-1B CAP refers to the annual numerical limit of 85,000 visas (20,000 of which are reserved for individuals with a U.S. master’s degree or higher) that USCIS may approve each fiscal year. Until 2026, USCIS utilized a lottery system to randomly select registrations who may submit H-1B petitions. Historically, the chance of being selected in the random registration process has been approximately 25-40%.
Recent Changes to the H-1B CAP Registration Process under the Trump Administration
Effective Feb 2026, the Trump Administration implemented a weighted H-1B CAP registration selection process, replacing the random lottery with a wage-based system. This new, weighted H-1B CAP registration process prioritizes higher-paid, higher-skilled positions by assigning multiple lottery entries to beneficiaries based on the four (4) Department of Labor (DOL) wage levels.
