The H-1B visa is a nonimmigrant work visa that allows U.S. employers to temporarily hire foreign professionals in specialty occupations— roles that typically require at least a bachelor's degree in a specific field. It is the most widely used employer-sponsored work visa in the United States, with 85,000 new visas issued each fiscal year through a competitive selection process.
The FY 2027 H-1B season brings the most dramatic rule changes in the program's history: a wage-weighted selection system replaces the random lottery, a $100,000 fee now applies to certain petitions, and the Department of Labor has launched its most aggressive enforcement initiative in over a decade. Whether you're an employer sponsoring your first H-1B worker or a professional navigating the process yourself, this guide walks you through every step— from eligibility and registration to approval and beyond.
Key dates: The FY 2027 H-1B registration window opens March 4, 2026 and closes March 19, 2026. Don't miss it— LegalOS can help.
• Visa type: Nonimmigrant, employer-sponsored
• Annual cap: 85,000 (65,000 regular + 20,000 U.S. Master's exemption)
• Initial duration: Up to 3 years
• Maximum duration: 6 years (extensions possible beyond 6 with pending green card)
• Minimum education: Bachelor's degree (or equivalent) in a specific specialty
• Dual intent: Yes—H-1B holders may pursue a green card
• Selection method (FY 2027): Wage-weighted (no longer random)
• Spouse/dependent visa: H-4 (limited work authorization available)
• Employer change: Permitted—portability allows work upon filing
• Registration fee: $215 per beneficiary
• Total employer cost range: ~$2,225 – $106,560+ (depends on company size and beneficiary location)
Three major changes reshape the H-1B landscape for registrations opening in March 2026. Understanding these changes isn't optional— they affect every employer's strategy.
Starting with FY 2027, USCIS no longer selects H-1B registrations by random lottery. A final rule effective February 27, 2026 establishes a wage-level-weighted process that gives higher-paid positions a greater chance of selection.
Here's how it works: each registration is assigned a weight based on the prevailing wage level for the offered position's SOC code and geographic area. A Level IV (fully competent) position receives roughly four times the selection probability of a Level I (entry-level) position. The system retains the beneficiary-centric approach— each unique individual gets one chance regardless of how many employers register them.
• Level I: Entry-level — ~17th percentile — Lowest (1×)
• Level II: Qualified — ~34th percentile — Moderate (2×)
• Level III: Experienced — ~50th percentile — Higher (3×)
• Level IV: Fully competent — ~67th percentile — Highest (4×)
What this means in practice: Employers offering higher wages relative to the local prevailing wage will see dramatically better selection odds. Entry-level positions at large staffing firms — which historically dominated the lottery — are now significantly disadvantaged.
Important details for employers:
Presidential Proclamation No. 10973, signed in September 2025, added a $100,000 one-time payment for new H-1B petitions filed for beneficiaries outside the United States who don't already hold a valid H-1B visa.
This fee does not apply to extensions or amendments for workers already maintaining lawful H-1B status inside the U.S., and it does not apply to petitions requesting a Change of Status. DHS may grant national interest exceptions on a case-by-case or industry-wide basis. The fee is currently set to expire September 21, 2026, unless extended. A federal court upheld its validity in December 2025, though additional legal challenges remain pending.
Practical impact: For employers hiring H-1B workers who are currently abroad, total filing costs can now exceed $106,000 per petition. This has significantly shifted employer strategy toward sponsoring candidates who are already in the U.S. on another valid status (such as F-1 OPT or L-1).
The Department of Labor launched "Project Firewall" in September 2025 — the most aggressive H-1B compliance initiative in over a decade. Key facts:
What employers should do now: Ensure your LCA records are accurate and current. Confirm that H-1B workers are being paid the higher of the actual wage or prevailing wage at all times, including during remote work. Maintain complete public access files. If worksite locations have changed, file amended petitions promptly.
The H-1B visa is a non-immigrant visa that allows U.S. employers to hire foreign workers in specialty occupations that require theoretical or technical expertise. The visa is particularly popular in STEM fields, such as software development, data science, and biotechnology.
The visa is initially granted for three years, with an option to extend it for another three years. Under certain circumstances, an H-1B visa holder can apply for permanent residency (a green card) while still employed in the U.S.
Need help navigating these changes? LegalOS immigration attorneys are up to speed on every FY 2027 rule change. Get started here.
The H-1B classification has requirements for both the employer and the employee. Meeting all of them is essential— a weakness in any area is the most common reason petitions are denied or receive Requests for Evidence (RFEs).
A U.S. employer must sponsor the petition. Workers cannot self-petition for an H-1B. The employer (called the "petitioner") must demonstrate:
There is no minimum company size requirement. Startups, small businesses, and large corporations can all sponsor H-1B workers. However, the employer must demonstrate it has the financial capacity to pay the offered wage
The foreign national must hold at least a bachelor's degree (or its foreign equivalent) in a field directly related to the specialty occupation. Alternatively, the worker can qualify through a combination of education and progressive, relevant work experience— generally, three years of specialized experience is treated as equivalent to one year of college education.
Common qualifying fields include engineering, computer science, finance, accounting, architecture, medicine, law, the physical and social sciences, education, and business specialties. The degree field must have a clear, direct relationship to the duties of the offered position.
A position qualifies as a “specialty occupation” if it requires the theoretical and practical application of a body of highly specialized knowledge and at least a bachelor’s degree in a specific specialty as a minimum for entry. USCIS will evaluate whether the degree requirement is standard for the role, common in the industry, or necessitated by the complexity of the duties. Crafting a job description that clearly demonstrates why a specific degree is required is one of the most important parts of a successful petition.
Below is an incomplete list of specialty occupations commonly approved for H-1B:
Software Engineers & IT Professionals · Data Scientists · University Professors · Mechanical, Civil, and Electrical Engineers · Healthcare Workers (physicians, surgeons, dentists, pharmacists, physical therapists) · Accountants & Financial Analysts · Management Consultants · Architects · Research Scientists · Market Research Analysts · Technical Writers · Psychologists · Lawyers & Foreign Law Advisors · Journalists & Editors
The exact path depends on whether the employer is subject to the annual cap or cap-exempt. Here's the full process for cap-subject employers— the most common scenario.
The employer creates or updates a USCIS organizational account on myUSCIS and identifies the beneficiary they wish to sponsor. During the registration window, March 4 to March 19, 2026 for FY 2027, the employer submits an electronic registration for each beneficiary and pays the $215 registration fee per person.
New for FY 2027: the registration must include the SOC code, prevailing wage level, and area of intended employment for the offered position. This information feeds directly into the wage-weighted selection system.
Only one registration per beneficiary per employer is permitted. An employer may register multiple beneficiaries, and a beneficiary may be registered by multiple employers.
If registrations exceed the 85,000 cap, USCIS conducts the wage-weighted selection process. Starting FY 2027, higher-wage registrations receive proportionally greater selection probability. Results are expected by March 31, 2026. Employers can check results in their myUSCIS account — selected registrations will show a status of "Selected."
Selection occurs in two stages: first for the 65,000 regular cap, then for the 20,000 Master's cap among eligible beneficiaries not selected in the first round. U.S. Master's degree holders get two chances at selection.
Before filing the H-1B petition, the employer must obtain a certified LCA (Form ETA-9035) from the Department of Labor. The LCA is the employer's formal attestation that it will pay the required wage and that hiring the H-1B worker won't negatively affect U.S. workers. LCA processing typically takes 7–10 business days and there is no filing fee. An experienced immigration attorney can ensure the LCA is filed correctly — errors here can delay or derail the entire petition.
Selected employers have a 90-day window (April 1 through June 30, 2026) to file the H-1B petition (Form I-129) with USCIS. The petition package includes the I-129 form, the certified LCA, evidence of the beneficiary's qualifications, evidence that the position qualifies as a specialty occupation, and all required filing fees. This is where preparation quality matters most — a well-assembled petition with strong supporting evidence is the difference between a clean approval and a drawn-out Request for Evidence.
Standard processing takes 3–6+ months. Premium processing ($2,965 effective March 1, 2026) guarantees an initial response within 15 business days — either an approval, denial, or Request for Evidence (RFE).
If USCIS issues an RFE, the employer typically has 60–87 days to respond with additional evidence. USCIS may also issue a Notice of Intent to Deny (NOID), which requires a more substantial response.
Under the 2025 Modernization Rule, USCIS adjudicators are instructed to defer to prior approvals involving the same parties and facts, making extensions and renewals generally smoother than initial petitions.
Upon approval, USCIS issues Form I-797 (Notice of Action). The next step depends on where the beneficiary is located:
If the worker is already in the U.S. (Change of Status): If the petition was filed as a Change of Status request and the beneficiary maintains valid nonimmigrant status, their H-1B status activates automatically on October 1, 2026 (or the approval date, whichever is later). No visa stamp is needed unless they travel abroad.
F-1 students selected in the H-1B lottery receive an automatic cap-gap extension of their F-1/OPT status through October 1, allowing them to continue working during the transition.
If the worker is abroad (Consular Processing): The beneficiary must schedule and attend a visa interview at a U.S. embassy or consulate, obtain an H-1B visa stamp in their passport, and enter the U.S. with the I-797 approval notice. They may enter up to 10 days before the H-1B validity start date. Canadian citizens are exempt from the visa stamp requirement.
Estimate your total H-1B filing costs with the LegalOS USCIS Fee Calculator — updated for 2026.
H-1B costs vary significantly based on employer size, beneficiary location, and whether premium processing is used. Here's what you can expect.
Electronic Registration - $215 per beneficiary - Paid by Employer (required)
• Base Filing Fee (I-129): $780 (paper) / $730 (online) — $460 for small employers ≤25 FTEs
• ACWIA Training Fee: $750 or $1,500 — $750 for ≤25 FTEs; $1,500 for 26+ FTEs; exempt for higher ed, nonprofits, government research orgs
• Fraud Prevention & Detection: $500 — initial petitions and change-of-employer only
• Asylum Program Fee: $300 or $600 — $300 for ≤25 FTEs; $600 for 26+ FTEs; nonprofits exempt
• Public Law 114-113 Fee: $4,000 — only if 50+ employees and >50% are H-1B/L-1 workers
• Premium Processing (I-907): $2,965 — optional; guarantees 15 business-day response (effective March 1, 2026)
• Proclamation Fee: $100,000 — new petitions for beneficiaries outside the U.S. without valid H-1B
Attorney fees for H-1B preparation and filing typically range from $2,000–$5,000, though this varies by firm and case complexity. At LegalOS, we offer transparent, competitive pricing— reach out for a quote.
Congress set the H-1B cap at 65,000 visas per fiscal year, plus an additional 20,000 for beneficiaries with a U.S. master's degree or higher— totaling 85,000 new H-1B visas annually.
Certain employers are exempt from the annual cap, meaning they can file H-1B petitions year-round with no lottery and no numerical limit. Cap-exempt organizations include:
A for-profit employer can also qualify for cap exemption if the beneficiary will spend at least 50% of their time performing duties at a qualifying cap-exempt entity.
An H-1B "transfer" is technically a new petition filed by a new employer. Under AC21 portability, the worker can begin working for the new employer as soon as the new petition is filed with USCIS— there's no need to wait for approval. The worker must have maintained valid H-1B status, and the new employer must file before the current authorization expires (or during the 60-day grace period). There is no limit on the number of times an H-1B worker can transfer.
Employers must file an amended H-1B petition for any material change in the terms of employment, including a worksite relocation outside the original metropolitan area, significant changes in job duties, or a shift between full-time and part-time work. An immigration attorney can help determine whether a change in your situation triggers an amendment requirement.
If an H-1B worker's employment ends — whether through layoff, termination, or resignation — they have up to 60 consecutive calendar days to find a new H-1B sponsor, file a Change of Status to another visa category, or prepare to depart the U.S. The worker can begin working for a new employer immediately under portability once a new petition is filed.
Important limitations: the grace period runs concurrently with the I-94 expiration, and leaving the U.S. ends the grace period. Time is critical.
Lost your job while on an H-1B? Talk to a LegalOS attorney within the first week to maximize your options.
The standard H-1B maximum is six years. After that, the worker must either change visa categories, obtain a green card, or leave the U.S. for one year before a new H-1B can be obtained.
However, the American Competitiveness in the Twenty-First Century Act (AC21) provides important exceptions for workers with pending green card processes— allowing extensions in one-year or three-year increments depending on the stage of the immigrant petition. These provisions are critical for the thousands of H-1B workers, particularly those born in India, who face decade-long green card backlogs.
H-1B holders can bring their spouse and unmarried children under 21 to the U.S. on H-4 dependent visas. H-4 dependents may attend school but generally cannot work with one important exception.
Certain H-4 spouses are eligible for an Employment Authorization Document (EAD) if the H-1B principal has an approved I-140 or has been granted an H-1B extension beyond six years. Note that DHS ended the 540-day automatic EAD extension for renewal applications filed on or after October 30, 2025, so careful timing of renewals is essential. Talk to an attorney to avoid gaps in work authorization.
The H-1B is a dual-intent visa, meaning holders can work toward permanent residency without jeopardizing their nonimmigrant status. The most common employer-sponsored green card pathways for H-1B holders include:
EB-2 (PERM labor certification route): The most common path for H-1B workers. The employer tests the U.S. labor market via a PERM application, then files an I-140 petition. Processing times are lengthy, and India-born workers face years-long visa backlogs.
EB-2 NIW (National Interest Waiver): No employer sponsorship or PERM required. The worker can self-petition. Increasingly popular for H-1B holders looking to gain independence from employer sponsorship.
EB-1A (Extraordinary Ability): For individuals at the top of their field. No employer sponsorship required.
While pursuing any of these paths, the H-1B holder can continue extending their H-1B beyond six years under AC21.
Planning your H-1B to green card transition? Read our EB-2 NIW Complete Guide or compare EB-1A vs. EB-2 NIW.
Yes, H-1B holders can own a business in the U.S., but they cannot work for that business unless a separate H-1B petition is filed. The 2025 Modernization Rule made self-sponsorship somewhat easier for founders with majority ownership, though these petitions receive heightened scrutiny.
We've written a detailed guide on this topic: Starting a Business While on an H-1B Visa.
• Now – March 3, 2026: Employers prepare — identify candidates, create/update myUSCIS accounts, determine SOC codes and wage levels
• March 4, 2026 (12:00 PM ET): FY 2027 H-1B registration period opens
• March 19, 2026 (12:00 PM ET): Registration period closes
• By March 31, 2026: USCIS notifies selected registrants
• April 1, 2026: 90-day petition filing window opens
• June 30, 2026: Petition filing window closes
• October 1, 2026: H-1B employment start date for selected workers
The H-1B is a nonimmigrant work visa that allows U.S. employers to hire foreign professionals in specialty occupations — positions that typically require at least a bachelor's degree in a specific field. It is initially granted for up to three years and can be extended to a maximum of six years, with further extensions possible for workers with pending green card applications.
Starting with FY 2027, USCIS no longer uses a random lottery. Instead, registrations are weighted by the prevailing wage level of the offered position — higher-paid roles have a greater chance of being selected. The system first selects for the 65,000 regular cap, then runs a second round for the 20,000 Master's exemption.
Total employer costs range from approximately $2,225 for a small employer with a beneficiary already in the U.S. to over $106,000 for larger employers sponsoring workers abroad (due to the $100,000 proclamation fee). Use our fee calculator for an estimate tailored to your situation.
A presidential proclamation signed in September 2025 requires a $100,000 payment for new H-1B petitions filed for beneficiaries who are outside the United States and don't already hold a valid H-1B visa. It does not apply to extensions, amendments, or Change of Status petitions.
Yes. Under AC21 portability, you can begin working for a new employer as soon as the new H-1B petition is filed with USCIS. You don't need to wait for approval.
You have a 60-day grace period (or until your I-94 expires, whichever is shorter) to find a new sponsor, change visa status, or prepare to depart. Act quickly — talk to a LegalOS attorney within the first week.
Yes. The H-1B is a dual-intent visa, so applying for permanent residency doesn't affect your status. Common pathways include EB-2 through PERM, EB-2 National Interest Waiver (no employer sponsorship required), and EB-1A for extraordinary ability.
The H-1B visa process has never been more complex — or more consequential. With the new wage-weighted selection system, rising fees, and intensified enforcement, the margin for error is razor-thin. Getting it right the first time matters more than ever.
At LegalOS, we combine deep immigration law expertise with modern technology to deliver results fast. Our clients benefit from turnaround times as low as 48 hours, attorney-reviewed petitions, and a track record that speaks for itself.
Ready to get started? Schedule a consultation with a LegalOS immigration attorney and take the guesswork out of your H-1B filing.