H-1B Specialty Occupation Visa
Lottery, petition, extensions, and employer transfers — everything you need to know
85,000
Annual cap
6 years
Initial max stay
~March
Lottery window
H-1B Process — Step by Step
Employer Files Labor Condition Application (LCA)
Your employer must file an LCA with the Department of Labor (DOL) before filing the H-1B petition.
- Employer posts LCA notice at worksite for 10 business days
- DOL certifies LCA (usually 7 days)
- LCA covers job title, wage, location, and period of employment
- Wage must be prevailing wage or actual wage, whichever is higher
H-1B Cap Registration (March each year)
For cap-subject H-1Bs, employers must register online before the full petition is filed. USCIS conducts a lottery if registrations exceed the cap.
- Registration window: typically March 1–18
- Registration fee: $215 per beneficiary
- Wait for lottery selection notice
- Only selected registrants can file full petition
File Form I-129 (Petition for Nonimmigrant Worker)
If selected in the lottery, your employer files the full H-1B petition.
- File I-129 with all required evidence
- Include specialty occupation evidence, degree evaluation if foreign
- Pay filing fees ($730 base + ACWIA + fraud prevention fees)
- Optional: Premium Processing ($2,805) for 15-business-day decision
H-1B Approval and Start Date
Cap-subject H-1B start date is October 1 of the fiscal year. Cap-exempt employers can start anytime.
- Receive I-797 Approval Notice
- Start date: October 1 (cap-subject)
- Initial period: 3 years (up to 6 years total)
- Cap-gap protects F-1 OPT students during transition
Extensions and Portability
H-1B can be extended beyond 6 years if a green card process is started.
- File I-129 extension 6 months before expiry
- If I-140 approved for 365+ days: eligible for 3-year extensions
- H-1B portability: can change employers if new employer files transfer petition
- AC21 portability: port green card to same or similar job after 180+ days
H-1B Timeline (Cap-Subject)
Frequently Asked Questions
What is the H-1B annual cap?
65,000 visas per year, plus 20,000 additional for US master's degree holders. Some employers (universities, nonprofits, government research) are cap-exempt.
Can I work for multiple H-1B employers?
Yes — you can work for multiple H-1B employers concurrently. Each employer must file a separate H-1B petition. You cannot work for an employer who has not filed on your behalf.
What is cap-gap?
If you're on OPT and your H-1B is approved for October 1, cap-gap automatically extends your OPT and F-1 status from the OPT expiry date through September 30 (or until H-1B starts).
Can I travel while my H-1B extension is pending?
You can travel if your current H-1B is still valid. If it expires while you're abroad, you need a valid H-1B visa stamp to re-enter. Consult an attorney before traveling with a pending extension.
What happens if I'm laid off on H-1B?
You have a grace period of 60 days (or until your H-1B end date, whichever is shorter) to find a new employer who will file an H-1B transfer, change to another status, or depart the US.
Key Facts
Not legal advice. H-1B petitions are complex — errors can result in denial or RFE. Consult a licensed attorney.