πŸ‡ΊπŸ‡Έ United States visas

πŸ‡ΊπŸ‡Έ United States Β· Work Visa

H-1B Specialty Occupation

Lottery-based work visa for specialty occupations. Requires a sponsoring US employer and a bachelor's degree or equivalent.

Scoring
Employer-sponsored
Timeline
1mo–8mo
Est. cost
$5K
Category
Work Visa

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Overview

The H-1B is the standard US specialty-occupation work visa, a US employer sponsors you for a role that normally requires a bachelor's degree in a specific field, and if you win the lottery and the petition is approved you can work for that employer for up to six years.

Two big realities shape every H-1B conversation. First: the cap. Only 65,000 regular H-1Bs plus 20,000 US-master's-cap H-1Bs are issued each fiscal year. The annual registration window runs in March, USCIS conducts the lottery in late March, and selected registrants then file their full petitions. In FY2025 USCIS introduced a beneficiary-centric selection that reduced multi-registration abuse, selection odds for the regular cap have settled around 25-30%. Second: 2025-2026 RFE patterns are tougher. USCIS is scrutinising specialty-occupation arguments more closely, and Level 1 wage filings are getting heavy challenges even in roles where Level 1 used to clear.

If you're already on F-1 OPT, university or non-profit employers can file you on a cap-exempt H-1B at any time of year without the lottery. If you're transferring between employers, H-1B portability lets you start at the new employer when the transfer petition is filed (not when it's approved).

Is this visa for you?

A strong fit if you…

  • You have a US employer ready to sponsor you and you hold at least a bachelor's degree in a field directly related to the role.
  • Your employer is a university, non-profit research organisation, or government research org, these are cap-exempt, no lottery.
  • You're already in the US on F-1 OPT and your employer is willing to play the cap lottery for you (with cap-gap protection if you're selected).
  • Your role is genuinely specialty, engineering, finance, medicine, architecture, scientific roles, not a generalist position USCIS will challenge as not requiring a specific degree.

Look elsewhere if you…

  • You're trying to switch employers urgently, H-1B transfers exist but take weeks, and the new employer has to re-file.
  • Your role is genuinely generalist (project manager, generalist business analyst) or doesn't clearly map to a specific degree. Specialty-occupation RFEs are brutal on these in 2026.
  • You need certainty on timing. The lottery is a coin flip with 25-30% odds for the regular cap, and missing one year means waiting for next March's registration.

Key requirements

  • US employer sponsor
  • Bachelor's degree in a related field
  • Specialty occupation (typically requires degree)
  • Annual lottery selection (~25-30% odds)

Eligibility, in plain English

Specialty occupation

The role must require theoretical and practical application of a body of specialised knowledge, usually shown by a bachelor's degree in a specific field as the minimum entry requirement. The petition has to evidence this through industry hiring practices, the employer's own past hiring, and the role description. Roles that allow 'any degree' or a 'related field' get RFE'd routinely.

Bachelor's degree in a related field

You need a US bachelor's, a foreign equivalent, or work experience that adds up to equivalent. The degree must be in or directly related to the specialty. USCIS has tightened this in 2025-2026, computer science for software engineer roles, electrical engineering for hardware, etc. Cross-field mappings (psychology degree for a data analyst role) get heavily scrutinised.

Cap or cap-exempt

Most petitions go through the annual cap. Cap-exempt employers, universities, non-profit research orgs affiliated with universities, government research orgs, file year-round with no lottery. If you currently hold cap-subject H-1B status, you don't re-enter the lottery; you keep your number.

Beneficiary-centric lottery (FY2025+)

USCIS now selects beneficiaries, not registrations. If multiple employers register you, you get one entry per beneficiary, not one per registration. This reduced gaming and brought selection odds down to a more honest 25-30% range for the regular cap. The US-master's cap (20K) draws first; unselected master's registrants then enter the regular pool.

Wage level and prevailing wage

The employer files a Labour Condition Application (LCA) committing to pay at least the prevailing wage for the role and geography. Levels are I-IV. USCIS is scrutinising Level 1 (entry-level) wages heavily in 2025-2026, petitions claiming a senior or specialised role at Level 1 wages routinely get RFE'd or denied for inconsistency.

Three years initial, six years total

Initial H-1B grants run up to three years. One extension takes you to six. After six years you must leave the US for at least one year before getting a new H-1B, unless you have an approved I-140 (green card petition), which lets you keep extending H-1B in 1- or 3-year increments until your priority date is current.

How the application actually goes

  1. 01

    Employer registers you for the lottery

    Each March, USCIS opens a 14-day H-1B registration window. The employer pays $215 per registration and submits basic biographical and job information. No full petition yet, just an intent to file if selected.

    March, annually

  2. 02

    Lottery selection

    USCIS runs the selection in late March/early April. Beneficiaries selected are notified through their employer's USCIS account. Selection probability has run 25-30% for the regular cap in recent years; higher for US-master's-cap registrations (which draw first).

    1-2 weeks after registration closes

  3. 03

    Petition filing window

    Selected registrants have 90 days (April through June) to file the full I-129 petition. This is when the substantive specialty-occupation argument, LCA, education evaluation, and supporting evidence come together.

    April-June

  4. 04

    USCIS adjudication

    Premium processing ($2,805) gets a decision in 15 business days. Without premium, 2-6 months. RFE rates in 2025-2026 have run elevated, plan for at least 25-30% likelihood of an RFE focused on specialty occupation or wage level.

    15 business days (premium) or 2-6 months

  5. 05

    Status start date

    If approved and you're outside the US, you consulate-process and enter on October 1 (the start of the new fiscal year). If you're already in the US on a status that allows change of status (F-1 OPT with cap-gap, L-1, etc.), you switch to H-1B on October 1 without leaving.

    October 1 of the selection year

  6. 06

    Extensions and changes

    Three-year initial grant, then three-year extension to hit the six-year cap. Job changes require a new petition (portability lets you start at the new employer on filing). Beyond six years requires an I-140 approval or significant time outside the US.

What it costs

USCIS registration fee

Per registration; employer pays

$215

USCIS I-129 filing fee

$460 for small employers (<25 FTEs)

$780

Asylum Program Fee

$300 small, $0 non-profit

$600

ACWIA training fee

$750 for employers with <25 FTEs

$1,500

Fraud Prevention and Detection Fee

Initial petition and change of employer only

$500

Premium processing

Optional; commonly used

$2,805

Legal fees

Employer typically pays

$3,000-6,000

Total typical employer cost

$8,000-13,000

Common pitfalls

  • Underestimating how niche the 'specialty occupation' bar has become, Level 1 wage filings for senior-sounding roles get heavily scrutinised in 2025-2026.
  • Filing for roles that allow 'a degree in any field' or 'related field'. USCIS now wants a specific degree mapping; vague educational requirements draw RFEs.
  • Forgetting cap-gap protection. F-1 OPT students who are selected in the lottery and have an H-1B filed by their employer get automatic OPT extension to September 30. Losing this is usually a paperwork problem, not a substantive one.
  • Multi-registering through multiple employers thinking it boosts odds. Since FY2025 the lottery is beneficiary-centric, multiple registrations for the same beneficiary count as one entry. It doesn't help.
  • Letting a job change reset the H-1B clock. Properly executed portability transfers preserve your time-on-H-1B; sloppy ones don't.
  • Ignoring the six-year cap until late. If you don't have an approved I-140 by year 5, you're heading for a forced departure. Start the green card process well before year 4.

Frequently asked

What are my odds in the H-1B lottery?

Recent years have run around 25-30% for the regular cap. The US-master's cap (20,000 separate allocation) draws first, so US master's degree holders effectively get two chances at selection. The FY2025 beneficiary-centric reform reduced multi-registration abuse and brought odds closer to that real range.

Can I work for any employer on H-1B?

No, H-1B is employer-specific. The petition is tied to the sponsoring employer and the specific role. Job changes require a new H-1B petition from the new employer, though portability lets you start at the new employer on the day of filing rather than waiting for approval.

What happens if I lose my job on H-1B?

You have a 60-day grace period to find new employment, file for change of status, or leave the US. Filing a new H-1B with a new employer within those 60 days preserves your status. Beyond 60 days, you're out of status, disastrous for future green card filings.

Can I change jobs while on H-1B?

Yes. The new employer files a new H-1B petition (no lottery, your cap number transfers). H-1B portability lets you start at the new employer on the date the petition is filed, not the date it's approved. Job changes don't reset your six-year clock if you maintain H-1B status throughout.

What's cap-gap and how does it work?

If you're on F-1 OPT and your employer files an H-1B that's selected in the lottery, your OPT and work authorisation are automatically extended through September 30, bridging the gap between OPT expiry and the October 1 H-1B start. This prevents a forced US departure mid-summer.

Can my spouse work on H-4?

Only if you have an approved I-140 (the green card petition). H-4 EAD is the work authorisation for spouses of H-1B holders with approved I-140s. Without I-140, H-4 dependents cannot work. The Trump-era proposal to eliminate H-4 EAD has not been implemented as of 2026, but the rule has been under review.

Do I need a US master's to win the lottery?

It helps significantly. The US-master's cap (20,000 dedicated visas) draws first, so US master's holders effectively get two chances at selection. Selection odds for the master's cap run 35-45%; combined odds for a US master's holder are typically 45-55%.

Ready when you are

Find your immigration path.

Pick where you're headed. We score you against every visa we cover in that country.

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