H-1B

The H-1B is the United States' flagship temporary work visa for specialty occupations - roles that ordinarily require at least a bachelor's degree in a specific field. It powers a large share of the country's technology, engineering, finance, healthcare and research workforce, and for decades it has been the most common bridge between a US job offer and an employment-based green card.

In 2026 the H-1B looks very different from the visa most candidates remember. A Presidential Proclamation in effect since September 2025 imposes a $100,000 supplemental fee on certain new H-1B petitions filed through consular processing - a charge that has reshaped which employers sponsor and which roles they sponsor for. Separately, the lottery that allocates the 85,000 annual cap-subject visas became wage-weighted from February 2026, so higher-paid registrations now have a materially better chance of selection.

Despite the turbulence, the H-1B remains valuable: it allows dual intent, supports spouses and children on H-4 status, and is renewable beyond six years once a green card process is underway.

You need a US employer willing to file a petition on your behalf for a specialty occupation. The role must normally require a bachelor's degree (or higher) in a specific discipline, and you must hold that degree or an equivalent combination of education and experience - three years of qualifying experience generally substitutes for one year of university study.

The employer must obtain a certified Labor Condition Application confirming it will pay at least the prevailing or actual wage. Regulated professions - for example architecture, engineering or medicine - may require a US licence. There is no nationality restriction, but cap-subject candidates must first be selected in the annual registration lottery unless the employer is a cap-exempt university, affiliated nonprofit or research organisation.

First, your employer registers you electronically during the spring registration window and pays the $215 registration fee. If you are selected in the wage-weighted lottery, the employer then files the full Form I-129 petition with USCIS.

The petition must include the certified Labor Condition Application, evidence of your degree and credential evaluations, the job description and the employer's ability to pay. Premium processing - a $2,805 add-on - secures a decision within 15 business days.

If you are abroad, approval is followed by a consular interview at a US embassy, where the $100,000 supplemental fee applies to affected new petitions; if you are already in the US in another valid status, the petition can request a change of status with no consular step. Standard cap-subject employment begins on 1 October. Bring your approval notice, passport, the DS-160 confirmation and supporting documents to the interview, and be ready to explain the role, your qualifications and the employer's business.

Core government fees include the $215 registration fee, a base I-129 filing fee, the ACWIA training fee ($750 or $1,500 depending on employer size), the $500 fraud prevention fee, and the asylum program fee. The $100,000 supplemental proclamation fee applies to affected new consular petitions - most employers absorb it, but confirm in writing. Premium processing adds $2,805. Hidden costs include credential evaluation ($150-$300), attorney fees ($2,000-$6,000 typically paid by the employer), and H-4 dependent filings. Many fees legally cannot be passed to the worker.

Registration results are released in March. Once selected, a standard I-129 petition takes roughly two to five months, while premium processing returns a decision in 15 business days. Consular interview wait times vary widely by post - from days to several months. After approval, cap-subject H-1B employment can begin no earlier than 1 October. You should not start work, change employers or travel internationally on a pending petition without checking your status and any required visa stamp first.

An H-1B is granted for up to three years and renewable to a six-year maximum. You may only work for the petitioning employer in the approved role; a new employer must file a fresh petition, though H-1B portability lets you start once that petition is filed. Spouses and children hold H-4 status, and some H-4 spouses can apply for work authorisation.

The H-1B allows dual intent, so pursuing permanent residence does not jeopardise it. Once a PERM labour certification or I-140 petition is underway, AC21 provisions allow extensions beyond six years - one-year increments while a case is pending, or three-year increments if your I-140 is approved but a visa number is unavailable. This is the standard route from H-1B to an employment-based green card.