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Key takeaways
- Only a US employer can sponsor an H-1B, and cap-subject jobs go through a March registration that now favors higher wage levels.
- Employers must cover the ACWIA training fee and the $500 fraud fee, and can't pass LCA or petition costs to you if that cuts your pay below the required wage.
- The $100,000 proclamation payment isn't being collected after a June 2026 court ruling, but DHS has proposed a separate $103,265 fee for cap-subject petitions.
- H-1B status usually lasts up to six years, so start your green card case early if you want to stay.
You have a US job offer, or you're working toward one, and everyone keeps saying "H-1B." It's the main US work visa for degree-level professionals, and 2026 changed a lot: a new lottery, new fees and a $100,000 payment stuck in court.
This H-1B visa guide explains how the program works as of September 2026, what it costs, who pays, and how it can lead to a green card.
What is an H-1B visa, and who qualifies?
The H-1B is a temporary work visa for specialty occupations. These are jobs that need highly specialized knowledge and normally at least a bachelor's degree in a directly related field.
Software engineers, accountants, analysts and many healthcare and academic roles often fit. A job any graduate could do with any degree usually doesn't.
You can't file for yourself. A US employer petitions for you, and your status is tied to that job. If you're still hunting for a sponsor, our guide to finding visa sponsorship jobs covers where to look.
The annual cap and the master's cap
Congress allows 65,000 new cap-subject H-1Bs a year, plus 20,000 for people with a US master's degree or higher. USCIS has announced that both caps were reached for fiscal year 2027.
Cap-exempt employers
US colleges and universities, their affiliated nonprofits, nonprofit research organizations and government research organizations are exempt from the cap. They can file year-round, which makes them a real option if you weren't selected.
How does the H-1B lottery work now?
For cap-subject jobs, your employer first submits an online registration each March. For the FY 2027 season, registration ran from March 4 to March 19, the fee was $215 per beneficiary, and selected employers could file petitions from April 1.
The big change is how USCIS picks. A DHS final rule published December 29, 2025 took effect on February 27, 2026, replacing the purely random draw with wage-weighted selection from the FY 2027 season onward.
| Wage level offered (DOL OEWS) | Entries in the selection pool |
|---|---|
| Level IV (highest) | 4 |
| Level III | 3 |
| Level II | 2 |
| Level I (entry) | 1 |
The level is the highest OEWS wage level your salary meets for your occupation and work location. Each person counts once, however many employers register them. Entry-level candidates can still be picked, but with lower odds.
The H-1B process, step by step
- Registration. Your employer registers you in March. Cap-exempt employers skip this.
- Selection. USCIS notifies selected registrants online, by March 31 for FY 2027.
- Labor Condition Application (LCA). The employer files an LCA with the Department of Labor, promising to pay the higher of the actual wage for similar workers or the prevailing wage, and to notify its workforce.
- Form I-129. The employer files the petition with USCIS, with fees and evidence.
- Premium processing (optional). For an extra fee, USCIS aims to act within 15 business days.
- Visa stamp or change of status. Abroad, you attend a consular visa interview. In the US in another status, the petition can request a change of status.
- Start work. For cap cases, the earliest start date is October 1.
Say you're a data analyst in Lagos with a Nigerian master's degree and an Atlanta job offer at a Level II wage. You'd enter the regular cap pool with two entries, because only US advanced degrees count for the master's cap. If you're not picked, a cap-exempt university research center could still hire you.
How much does an H-1B cost, and who pays?
These USCIS fees come from the fee schedule dated 09/09/26 and are current as of September 2026. Confirm them on the official page before filing.
| Fee | Amount (as of September 2026) | Who pays |
|---|---|---|
| Registration | $215 per beneficiary | Employer |
| Form I-129 (H-1B) | $780 paper, $730 online; $460 small employers and nonprofits | Employer |
| Asylum Program Fee | $600 regular, $300 small employers, $0 nonprofits | Employer |
| Fraud Prevention and Detection Fee | $500 for initial petitions and new employers | Employer, by law |
| ACWIA training fee | $1,500 or $750 depending on employer size; some employers exempt | Employer, by law |
| Pub. L. 114-113 fee | $4,000 for employers with 50+ US staff, more than half on H-1B or L-1 | Employer |
| Premium processing (Form I-907) | $2,965 | Employer, when tied to the petition |
| Form I-539 for H-4 family | $470 paper, $420 online | Often you |
| Form I-765 for an H-4 EAD | $520 paper, $470 online | Usually you |
Department of Labor rules say you can never be required to pay any part of the ACWIA training fee or the $500 fraud fee. Attorney fees and premium processing tied to the LCA or I-129 are the employer's business expenses and can't be charged to you in a way that takes your pay below the required wage.
Budget for your own costs too: visa appointment travel, flights and a rental deposit. Line up health coverage from day one; our guide to health insurance for new immigrants in the US explains your options.
What happened to the $100,000 H-1B payment?
A September 2025 presidential proclamation required a $100,000 payment for certain new H-1B petitions submitted after September 21, 2025. It still appears on the USCIS fee schedule.
USCIS isn't collecting it right now. On June 8, 2026, a federal court in Massachusetts vacated the agency guidance implementing it. On July 24, 2026, the First Circuit refused to stay that ruling during the appeal. USCIS says it will comply, but DHS still plans to collect the payment if the order is lifted.
Separately, DHS has proposed a $103,265 fee for H-1B cap-subject petitions, including master's cap cases, on top of all other fees. The proposed rule was published in the Federal Register on August 25, 2026, with comments closing September 24, 2026. Nothing changes unless DHS issues a final rule, which could also face court challenges.
H-4 family, job changes and the path to a green card
H-4 status and the H-4 EAD
Your spouse and unmarried children under 21 can join you in H-4 status, which doesn't allow work on its own. Your spouse can apply for an H-4 EAD on Form I-765 once you're the beneficiary of an approved Form I-140, or have H-1B time beyond six years under the AC21 law.
Changing employers and cap-gap
Once you hold H-1B status, switching jobs generally doesn't mean another lottery. You can start with a new employer once it files a non-frivolous I-129 for you, or on the requested start date if later.
If you're an F-1 student on OPT and your employer files a cap petition for you, cap-gap can extend your status and work authorization. Since January 17, 2025, it runs until April 1 of the fiscal year requested or the petition start date, whichever is earlier.
The 6-year limit and moving to a green card
H-1B status comes in periods of up to three years, usually six years in total. You can go past six years in three-year blocks with an approved EB-1, EB-2 or EB-3 petition, or in one-year blocks if 365 days have passed since your labor certification or immigrant petition was filed.
That's why timing matters. Most H-1B workers who stay move into EB-2 or EB-3 through PERM, or a self-petition like EB-1A or the National Interest Waiver. Our guide to employment-based green cards from EB-1 to EB-5 explains each route.
Your employer's immigration counsel represents the company. Book your own licensed immigration attorney if you've had a status gap or denial, or you own part of the sponsoring company.
Common H-1B mistakes
- Resigning before the new petition is filed. Portability starts with the filing, not the offer letter.
- Registering at a wage level the offer doesn't support.
- Paying fees the law puts on your employer. Ask for an itemized breakdown.
- Starting the green card process too late and hitting the six-year limit.
- Trusting anyone who guarantees selection. Our guide to job and visa scams targeting migrants shows the warning signs.
Your next steps
No sponsor yet? Target employers that already file H-1Bs, including cap-exempt universities and research institutes.
Have an offer? Ask which wage level the employer will register, who pays each fee, and when it will start a green card case.
Then bookmark the USCIS H-1B FAQ and the Federal Register proposal, and check both again before the next March registration window.
Frequently asked questions
Can I apply for an H-1B visa without an employer?
No. A US employer has to file the registration and the Form I-129 petition for you. If you own a controlling interest in the sponsoring company, USCIS limits the initial and first extension periods to 18 months each.
Do I have to pay the $100,000 H-1B fee?
As of September 2026, USCIS isn't collecting it because a federal court vacated the guidance implementing it and the appeals court refused to pause that ruling. DHS says it plans to collect the payment if the order is lifted, so check the USCIS H-1B FAQ.
Is the H-1B lottery still random?
Not entirely. Since the FY 2027 season, registrations are entered into the pool one to four times depending on the wage level offered, so higher-paid roles have better odds.
Can my spouse work on an H-4 visa?
Only with an H-4 EAD. Your spouse can apply once you have an approved Form I-140 or an H-1B extension beyond six years under AC21.
How long can I stay on an H-1B?
Usually up to six years in total, granted in periods of up to three years. Extensions past six years are possible if your green card case has reached certain stages.