How does the H-1B lottery work and who is exempt from it?
Each March, USCIS accepts H-1B registrations for its annual lottery. The system randomly selects 85,000 petitions to meet the cap—65,000 for general applicants and 20,000 for those with a U.S. master's degree or higher. Employers like universities or nonprofit research groups are cap-exempt and can sponsor professionals at any time outside this lottery.
What education and job experience do I need to qualify for an H-1B visa?
To qualify, you generally need a bachelor’s degree or its foreign equivalent in a specific field. The job itself must be a specialty occupation, which means it requires theoretical and practical application of specialized knowledge. Your employer must demonstrate that the role’s duties are so complex they demand a person with a degree.
What does my employer have to do for my H-1B, and who must pay for it?
Your employer sponsors your H-1B petition and must prove the job qualifies as a specialty occupation. The employer must also pay all required government application fees and legal costs associated with the petition. By law, these costs are the employer’s responsibility and cannot be passed on to you, the prospective employee.
What is the typical H-1B timeline from lottery registration to my first day?
The process starts with lottery registration in early March. If selected, your employer can submit the full petition on April 1. Standard government review takes several months, though premium processing shortens this to 15 calendar days for an extra fee. If your petition receives approval, your H-1B status and ability to work begin October 1.
How can I change employers when I already have an H-1B visa?
The H-1B portability rule allows you to move to a new employer. Your new company must submit a fresh H-1B petition on your behalf. As soon as USCIS accepts the petition and sends a receipt notice, you can start the new job. You do not need to wait for the final approval notice.
What is the new $100,000 H-1B fee and does it apply to me?
A recent presidential proclamation introduced a significant new fee for certain H-1B petitions. This fee only affects petitions for professionals who are outside the United States and do not already possess a valid H-1B visa. If you are in the U.S. and your employer submits an extension, you are exempt.