The H-1B is a U.S. nonimmigrant work visa for "specialty occupation" positions that require at least a bachelor's degree or equivalent.
39 steps across 11 sections
1. Employer Registration (March)
- Employer creates a USCIS online account
- Submits electronic registration for each beneficiary during the registration window
- Pays $215 registration fee per registration
2. Lottery Selection (March-April)
- USCIS conducts the weighted lottery
- Selected registrants notified via their USCIS account
- Selection does not guarantee approval — it allows the employer to file the full petition
3. File the H-1B Petition (April-June)
- Selected employers have at least 90 days to file the complete I-129 petition
- Includes the Labor Condition Application (LCA) certified by the Department of Labor
- LCA certifies the employer will pay the prevailing wage for the position and location
- Supporting documents include: job description, degree equivalency, employer financials
4. USCIS Adjudication
- Standard processing: 2-8 months
- Premium processing 15 business days ($2,805 fee)
- USCIS may issue a Request for Evidence (RFE) requiring additional documentation
- If approved, H-1B status begins October 1 of the fiscal year
5. PERM Labor Certification
- Employer files with the Department of Labor
- Must demonstrate no qualified US workers available for the position
- Average processing: ~499 days (as of 2025)
6. I-140 Immigrant Petition
- Employer files Form I-140 with USCIS
- Standard processing or premium processing (15 business days)
- Categories: EB-2 (advanced degree) or EB-3 (bachelor's degree)
- EB-1 (extraordinary ability) does not require PERM
7. Adjustment of Status (I-485) or Consular Processing
- File when a visa number becomes available (per the Visa Bulletin)
- Wait times depend on country of birth:
- Most countries: relatively current
- India and China: significant backlogs (years to decades for EB-2/EB-3)
8. Cap Numbers
- Regular cap 65,000 visas per fiscal year
- Master's cap Additional 20,000 for holders of a U.S. master's degree or higher
- Total 85,000 new H-1B visas per year
- Cap-exempt Universities, nonprofit research organizations, and government research organizations are not subject to the cap
9. FY 2027 Lottery (2026 Registration)
- Registration window March 4 - March 19, 2026 (noon to 5 PM ET)
- Registration fee $215 per beneficiary
- Major change in 2026 New wage-based weighted selection system
10. Weighted Lottery System (New in 2026)
- Level 4 wage 4 entries in the selection pool
- Level 3 wage 3 entries
- Level 2 wage 2 entries
- Level 1 wage 1 entry
11. H-1B Extensions Beyond 6 Years
- 1-year extensions If PERM or I-140 filed at least 365 days before H-1B expiration
- 3-year extensions If I-140 is approved but visa number not yet available
- Allows workers to maintain H-1B status while waiting for green card