H-1B Visa: An End-to-End Guide for U.S. Employers and Skilled Workers
The H-1B is a nonimmigrant work status for a Specialty Occupation—a role that normally requires at least a bachelor’s degree in a specific field (or equivalent education/experience). The category is central to technology, engineering, healthcare, finance, and higher education. This guide summarizes 2025-current rules on the cap, beneficiary-centric lottery, organizational accounts and online filing, fees, LCA and wages, portability to a new employer, the 60-day grace period after layoff, extensions beyond six years, and H-4 spouse work authorization.
Disclaimer: Information only, not legal advice. For case-specific guidance, consult a licensed immigration attorney.
Key facts
Annual statutory cap: 65,000 (regular) + 20,000 (U.S. master’s cap). Of the 65,000, up to 6,800 are set aside for H-1B1 (Chile/Singapore); any unused numbers typically return the next year.
Beneficiary-centric selection: each person gets equal odds regardless of multiple employer registrations. A valid passport/travel document number is required to register.
USCIS organizational accounts enable collaborative online filing of I-129 (H-1B) and I-907 (premium processing) by HR and counsel.
Typically up to 3 years + extension to a 6-year total. Further extensions available under AC21 when immigrant processing is pending and visa numbers are backlogged.
Work for a new H-1B employer may start upon that employer’s proper filing of I-129 (conditions apply).
After termination, up to 60 consecutive days (or to the end of the authorized stay, if earlier) to find a new sponsor, change status, or depart.
Who qualifies as a “Specialty Occupation” worker
The job must normally require at least a specific bachelor’s degree (or equivalent). The beneficiary must hold a related degree, a credential evaluation that equates foreign education, or a recognized experience-equivalency (often 3 years of directly related experience per year of missing university study).
Typical fields
- IT & engineering (software, data, cloud, hardware, civil/mech/EE).
- Finance, accounting, analytics, audit.
- Healthcare (including research and hospital roles; licensing matters).
- University and K-12 teaching, research projects.
- Specialized legal, marketing, and business roles.
Three H-1B sub-types
- H-1B Specialty Occupations — the main stream (covered here).
- H-1B (DOD R&D) — Department of Defense research and development.
- H-1B Fashion Model — models of distinguished merit/ability.
Cap, lottery mechanics, and cap-exempt employers
Cap numbers. The statute provides 65,000 regular cap numbers each fiscal year and an additional 20,000 for U.S. advanced-degree holders (master’s cap). Of the 65,000, up to 6,800 are reserved for H-1B1 (Chile/Singapore).
Lottery (2025 model). The USCIS beneficiary-centric selection assigns odds per person, not per registration. Each beneficiary must be registered with a single valid passport or travel document number.
Cap-exempt categories: universities (institutions of higher education), qualifying nonprofit or governmental research organizations, and certain nonprofit entities affiliated with universities. Concurrent employment with a cap-exempt employer may also create cap-exempt eligibility for that concurrent role.
Government fees & surcharges (current in 2025)
Amounts vary by employer type, filing mode (paper/online), and petition posture (new, transfer, extension). Employer pays most H-1B fees.
| Item | Amount | When applies | Exemptions / notes |
|---|---|---|---|
| I-129 (H-1B/H-1B1) base fee | $780 paper / $730 online; small/nonprofit: $460 | Each I-129 for H-1B/H-1B1 | Small employer (≤25 FTE) & certain nonprofits qualify for reduced rate |
| Asylum Program Fee | $600 (regular); small: $300; nonprofit: $0 | Added to I-129/I-140; paid by employer | Nonprofits exempt ($0) |
| ACWIA (education & training) fee | $1,500 (26+ employees) / $750 (1–25) | New H-1B or transfer (not a pure extension with same employer) | Universities & certain research orgs are exempt |
| Fraud Prevention & Detection fee | $500 | New H-1B or transfer to a new employer | Not for H-1B1 at the consulate stage |
| Public Law 114-113 fee | $4,000 | For employers with 50+ employees and >50% in H-1B/L-1; new/transfer | Does not apply to most small/nonprofit employers |
| H-1B cap registration | $215 per beneficiary | During cap registration window | Per person (beneficiary-centric system) |
| Premium Processing (I-907) | $2,805 | Optional 15-calendar-day processing clock | Clock may pause for RFEs/NOIDs; not all stages are eligible |
Chart illustrates typical government fees for a new H-1B hire (approximate; excludes attorney/courier costs).
From offer to start date: the process
- Offer & role definition. Confirm the job is a Specialty Occupation and the degree/experience requirements align with the duties.
- LCA (ETA-9035) via DOL FLAG. Employer lists worksites, period, and wages. The “required wage” is the higher of the prevailing wage and the employer’s actual wage for similar workers; posting/notice rules apply.
- Cap registration (if cap-subject). In March, the employer registers the beneficiary using the passport/travel document number. Beneficiary-centric selection applies.
- I-129 (H-1B) + fee set. If selected (or cap-exempt), file I-129 (paper or online via organizational accounts). Consider I-907 premium processing if appropriate.
- Status vs. consular processing. Inside the U.S. you may change/extend status; outside, complete consular processing for the H-1B visa and enter to activate status.
- Start date. Cap-subject cases often start October 1; cap-exempt can start per approval/requested date.
LCA: what DOL checks
Required wage. Employers must pay the higher of the prevailing wage (for the occupation, location, and level) and the company’s actual wage for similarly employed workers. Bench time attributable to the employer is generally paid.
- Notice to workers: physical/electronic posting at worksites around the time of filing.
- Public Access File: maintain required documents for inspection.
- Worksite changes & remote work: review whether new LCA/notice is needed.
Portability to a new employer & the 60-day grace period
Changing employers. If the new employer properly files I-129 before status expires, the H-1B worker may begin employment upon filing (portability). If USCIS later denies the petition, the work authorization under portability ends.
After layoff. A single continuous grace period of up to 60 days (or to the end of the current authorized period, if earlier) permits the worker to seek a new sponsor, change status, or depart the U.S.
“We are strengthening integrity and simplifying processes while ensuring equal chances for beneficiaries and moving H-1B fully digital — from registration to decision.” — USCIS leadership on H-1B modernization.
Cap-Gap: how F-1 students bridge to October 1
When a timely cap-subject H-1B petition requesting change of status to October 1 is filed for an F-1 student (including STEM OPT), the F-1 status and, if applicable, employment authorization are automatically extended through September 30 or until adjudication/denial, whichever occurs first.
Can you go beyond six years? Yes — under AC21
- §106(a) (1-year extensions): if PERM or I-140 has been filed and pending 365+ days, annual H-1B extensions are available until a final decision.
- §104(c) (3-year extensions): with an approved I-140 but no current immigrant visa number due to retrogression, extensions may be issued in 3-year increments.
Always check the Visa Bulletin for immigrant visa availability when planning AC21 strategy.
H-4 spouses/children; EAD for some spouses
Spouses and unmarried children under 21 qualify for H-4 status. Certain H-4 spouses may apply for an EAD (I-765) if the principal H-1B worker has an approved I-140 or qualifies for AC21 extensions.
- Study on H-4 is generally permitted without restriction.
- Employment requires EAD unless another authorization basis applies.
Frequently asked questions & risk points
What most often triggers RFEs/denials?
- Weak nexus between the degree field and job duties; vague duty descriptions.
- Incorrect prevailing wage/level or LCA mismatches.
- Third-party placement with insufficient evidence of control and specific work.
- Lack of employer-employee relationship (hire, pay, fire, supervise, and control factors).
Can I work for two employers at once?
Yes, via concurrent H-1B: each employer files its own LCA and I-129. Combinations like cap-exempt + cap-subject are possible.
Does H-1B lead to a green card?
It can. Many transition through PERM + I-140 → I-485 (if the priority date is current) or maintain H-1B via AC21 extensions while waiting for immigrant visa availability.
How do remote moves and interstate relocations affect compliance?
Worksite changes may require new postings and sometimes a new LCA/amendment. Short-term placements and per-diem rules are narrow; review before moving.
Employer checklist (snapshot)
- Confirm Specialty Occupation; align duties and minimum degree requirements.
- File LCA (ETA-9035) via FLAG; post notices; prepare the Public Access File.
- Budget fees (I-129, ACWIA, Fraud, Asylum Program Fee, and if applicable PL 114-113).
- Register in the cap season (passport/travel document required) → file I-129 (online or paper).
- Consider Premium Processing and optimal start date (cap vs. non-cap).
- Leverage portability and the 60-day grace period to onboard talent after layoffs.
Sources (USCIS / DOL / DHS)
- USCIS — H-1B Specialty Occupations (overview & criteria)
- USCIS — H-1B Cap Season (incl. 6,800 H-1B1 set-aside)
- USCIS — H-1B Electronic Registration ($215 registration fee; org. accounts)
- USCIS — Organizational Accounts FAQ (online I-129/I-907 collaboration)
- USCIS — Form I-129 (H-1B/H-1B1) form page
- USCIS — I-129 Instructions (PDF)
- USCIS — G-1055 Fee Schedule (current fees)
- USCIS — G-1055 Fee Schedule (PDF)
- Federal Register — Modernizing H-1B (final rule; effective Jan 17, 2025)
- USCIS — Cap-Gap for F-1 students
- USCIS — Employment Authorization for Certain H-4 Spouses
- DOL (ETA) — LCA ETA-9035/9035E Instructions (PDF)
- DOL (WHD) — Fact Sheet #62G: Required Wage
- DOL (WHD) — Fact Sheet #62I: Non-productive Time (bench pay)
- DOL (WHD) — Fact Sheet #62J: Place of Employment / Worksite
- DOL (WHD) — Fact Sheet #62F: Public Access File
