H-1B visa

H-1B visa
	Process of obtaining an H-1B visa
Type	Non-immigrant work visa
Purpose	Employment of foreign workers in specialty occupations
Enacted	Immigration Act of 1990; roots in H-1 visa from Immigration and Nationality Act of 1952; modified by American Competitiveness in the Twenty-First Century Act of 2000 (AC21) and subsequent legislation
Eligibility	Bachelor's degree or higher in specific specialty; Job offer for a specialty occupation; Employer sponsorship;
Duration	Initially up to 3 years, extendable to 6 years; further extensions possible under certain conditions (e.g., pending green card applications)
Annual cap (limit)	New visas/statuses: 65,000 regular cap; 20,000 additional for U.S. advanced degree holders; 1,401 for Chilean nationals (H-1B1); 5,400 for Singapore nationals (H-1B1); Certain employers are cap-exempt, e.g., higher education institutions, nonprofit research organizations; Extensions/renewals are not capped;
Application Process	(Initial, cap-subject) Employer submits electronic registration for H-1B lottery (implemented in 2020); (Initial, cap-subject) Registration by an employer for a foreign worker is selected; (All) Employer files Labor Condition Application (LCA) with Department of Labor to obtain certified LCA; Employer submits Form I-129 and supporting documentation to USCIS; Beneficiary is granted change of status (in U.S.) or uses approval to apply for visa at U.S. embassy/consulate (if abroad; Canadian passport holders do not require visa);
Dependents	Spouse and unmarried children under 21 eligible for H-4 visas
Work Authorization	H-1B holder: Allowed to work for sponsoring employer; H-4 dependents: Eligible if H-1B spouse has approved I-140 immigrant petition or H-1B status beyond 6 years under AC21;
Dual Intent	Allowed (can pursue permanent residency)
Oversight	U.S. Citizenship and Immigration Services (USCIS)

The H-1B is a classification of non-immigrant visa in the United States that allows U.S. employers to hire foreign workers in specialty occupations, as well as fashion models, or persons who are engaged in Department of Defense projects who meet certain conditions. The regulation and implementation of visa programs are carried out by the United States Citizenship and Immigration Services (USCIS), an agency within the United States Department of Homeland Security (DHS). Foreign nationals may have H-1B status while present in the United States, and may or may not have a physical H-1B visa stamp.

INA section 101(a)(15)(H)(i)(b), codified at 8 USC 1184 (i)(1) defines "specialty occupation" as an occupation that requires

(A) theoretical and practical application of a body of highly specialized knowledge, and
(B) attainment of a bachelor's degree or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.

H-1B visa status holders typically have an initial three-year stay in the U.S. They are entitled to a maximum of six years of physical presence in H-1B status. After reaching certain milestones in the green card process, H-1B status can be extended beyond the six-year maximum. The number of initial H-1B visas issued each fiscal year is capped at 65,000, with an additional 20,000 visas available for individuals who have earned a master's degree or higher from a U.S. institution, for a total of 85,000. Some employers are exempt from this cap. Sponsorship by an employer is required for applicants.

In 2019, the USCIS estimated there were 583,420 foreign nationals on H-1B visas in the United States. Between 1991 and 2022, the number of H-1B visas issued quadrupled. 265,777 H-1B visas were approved in 2022, the second-largest category of visa in terms of the number of foreign workers after the 310,676 H-2A visas issued to temporary, seasonal, agriculture workers.

H-1B visas have been politically controversial, with various actors seeking to expand or restrict the visa program. Studies have shown H-1B visas can lead to lower wages for competing workers, but that H-1B visas have had welfare-improving effects for Americans, leading to significant overall wage gains, lower consumer prices, greater innovation, and greater total factor productivity growth.

In 2025, the Trump administration imposed a $100,000 fee for filing for an H-1B visa starting September 2025 with exemptions for change of status, including those who are currently in US on F1 OPT.