H-1B Visa Requirements for Working in the U.S.

What an H-1B is

The H-1B is a temporary (nonimmigrant) classification for workers in a specialty occupation. The employer, not the worker, files the petition. The earlier version of this guide said the employer must show that it could not hire a U.S. citizen. That is not an H-1B requirement. The employer instead files an LCA that states the wage it will pay and the working conditions.

A specialty occupation is one that requires the theoretical and practical application of a body of highly specialized knowledge and at least a bachelor’s degree or higher in the specific specialty, or its equivalent, as a minimum for entry into the occupation (8 CFR 214.2(h)(4)(ii)).

Requirements for the worker

The worker must meet at least one of these education tests (8 CFR 214.2(h)(4)(iii)(C)):

• a U.S. bachelor’s degree or higher in the specialty required for the job;
• a foreign degree that is the equivalent of that U.S. degree;
• an unrestricted state license, registration or certification that allows the worker to practice the specialty occupation; or
• education, training and progressively responsible experience that equal the U.S. degree and show recognition in the specialty.

Experience in place of a degree

A worker without the required degree may use experience. The regulation counts three years of specialized training or work experience for each year of college study the worker lacks. For a four-year bachelor’s degree, that equals twelve years (8 CFR 214.2(h)(4)(iii)(D)(5)). USCIS decides each case on its facts, and the experience must be in the specialty.

Steps for a cap-subject case

Congress set the regular cap at 65,000 new H-1B workers each fiscal year, plus 20,000 for workers with a U.S. master’s degree or higher (8 U.S.C. 1184(g)(1)(A) and (g)(5)(C)).

1. The employer registers the worker electronically during the registration period. For fiscal year 2027 the period ran from noon Eastern on 4 March 2026 to 19 March 2026. The fee is $215 for each registration (Form G-1055, edition 10/16/26).
2. USCIS selects registrations. A final rule published on 29 December 2025 and effective on 27 February 2026 weights the selection by the wage level the employer offers. A registration at Occupational Employment and Wage Statistics level IV is entered four times, level III three times, level II twice and level I once. The rule does not change fees and applies from fiscal year 2027. USCIS announced on 31 March 2026 that its FY 2027 selection process was complete.
3. The employer files an LCA with the Department of Labor. The Department of Labor usually decides within seven working days (20 CFR 655.730(b)). The earlier version of this guide said about one to two weeks.
4. The employer files Form I-129 with USCIS and the certified LCA within the filing window. For FY 2027 petitions could be filed starting 1 April 2026, with a window of at least 90 days.
5. After approval, a worker who is outside the U.S. applies for the H-1B visa at a U.S. embassy or consulate.

Cap-exempt employers

Some employers can file without registering and without a cap number: institutions of higher education and related or affiliated nonprofit entities, nonprofit research organizations and government research organizations (8 U.S.C. 1184(g)(5)). A worker who has already been counted against the cap in the past six years is not counted again (8 U.S.C. 1184(g)(7)). The details for related or affiliated nonprofits are specific, so a private company should not assume it is exempt because it works with a nonprofit.

Wages, duration and the worker’s rights

• The employer must pay at least the higher of the actual wage paid to similar workers and the prevailing wage for the job and place of work (20 CFR 655.731(a)). The earlier version of this guide said the pay is the same as others in similar positions, which is only part of the rule.
• The first petition can run up to three years, and USCIS can extend H-1B status up to six years in total.
• If the employer dismisses the worker before the end of the authorized period, the employer is liable for the reasonable cost of return transportation abroad (8 CFR 214.2(h)(4)(iii)(E)). The earlier guide said the employer must give compensation. The rule names return transportation only.

Spouse and children (H-4)

A spouse and unmarried children under 21 may receive H-4 status. An H-4 spouse can apply for a work permit only in limited cases: when the H-1B worker is the beneficiary of an approved Form I-140 or has an H-1B extension under sections 106(a) or (b) of the American Competitiveness in the Twenty-First Century Act (8 CFR 214.2(h)(9)(iv) and 274a.12(c)(26)). A final rule published on 14 October 2026 ends the automatic extension of work permits for people who renew them. It affects H-4 renewals but does not change who is eligible.

Fees and payments in 2026

Several costs for H-1B petitions are in flux in 2026. Employers and workers should check each one before filing.

• Registration fee: $215 for each registration. Form I-129 filing fees vary by employer type and include additional fees (see the USCIS Form I-129 page).
• $100,000 payment: a presidential proclamation of 19 September 2025, effective 21 September 2025, requires an additional payment for certain new H-1B petitions, as USCIS describes it for workers who are outside the U.S. and do not hold a valid H-1B visa. A proclamation signed on 18 September 2026 extends it until 21 September 2027 (Federal Register 2026-19554).
• Court orders on the payment: on 8 June 2026 a federal court in Massachusetts vacated the agency guidance that implements it (State of California v. Noem, No. 1:25-cv-13829), and the First Circuit denied a stay on 24 July 2026. USCIS says on its H-1B page that DHS will comply with the court’s order while it considers next steps. On 30 September 2026 a federal court in California granted in part a preliminary injunction in Global Nurse Force v. Trump, No. 4:25-cv-08454, and the government appealed to the Ninth Circuit (No. 26-6667) on 9 October 2026. Whether the payment applies to a given petition depends on those orders and on USCIS instructions on the day of filing.
• 9-11 Response and Biometric Entry-Exit fee: a final rule published on 10 August 2026 and effective 9 September 2026 sets a fee of $4,000 for H-1B petitions of covered employers and $4,500 for L-1 petitions. A covered employer has 50 or more employees in the U.S., with more than half in H-1B or L-1 status. The fee is scheduled to end on 30 September 2027 (Federal Register 2026-16231).
• Proposed fee: a proposed DHS rule published on 25 August 2026 would add a $103,265 fee for cap-subject H-1B petitions (Federal Register 2026-17324). It is a proposal, not a rule.

Documents

The exact documents depend on the case. These are the usual ones:

• From the employer: the certified LCA, Form I-129 with the job description and offer terms, and evidence that the job is a specialty occupation.
• From the worker: a valid passport, the degree and academic records (with an evaluation if the degree is foreign) or proof of qualifying experience, the registration selection notice and the I-129 receipt notice, and the visa application fee receipt for a consular case.