The H-1B is the workhorse of U.S. professional immigration: a temporary visa that lets a U.S. employer hire a foreign national in a "specialty occupation" that ordinarily requires at least a bachelor's degree in a specific field. It is the route most software engineers, physicians, financial analysts, architects, scientists and other degreed professionals use to build a career in the United States, and for many it is the on-ramp to a green card. It is also one of the most competitive visas in the system, governed by a strict annual cap, a March electronic registration, and, for fiscal year 2027 onward, a new wage-weighted selection process. De La Rosa Law guides employers and professionals nationwide through every step, in English and in Spanish.
Key facts
- What it is: a nonimmigrant visa for a "specialty occupation" requiring a bachelor's degree or higher in a specific specialty.
- Annual cap (as of June 2026): 65,000 regular visas plus a separate 20,000 for U.S. master's-or-higher graduates (the "advanced-degree exemption"). Source: uscis.gov.
- Registration: employers register each worker electronically and pay a $215 fee per beneficiary; the FY 2027 window ran March 4–19, 2026. Source: uscis.gov.
- Duration: up to 3 years initially, extendable to a 6-year maximum, with further extensions possible while a green card is pending under AC21.
- Employer-sponsored: the job offer drives the petition; the worker cannot self-petition.
- Dual intent: H-1B holders may pursue permanent residence without jeopardizing status.
What qualifies as a "specialty occupation"
An H-1B position must be a specialty occupation, which USCIS defines as a role that requires both the theoretical and practical application of a body of highly specialized knowledge and the attainment of at least a bachelor's degree (or its equivalent) in the specific specialty as a minimum for entry. The worker, in turn, must hold that degree or an equivalent combination of education, training and experience, and must meet any state licensing requirement to practice the occupation. See USCIS, H-1B Specialty Occupations.
In practice the hardest part is showing that the specific degree relates directly to the duties. A "business" or "general" degree often draws a request for evidence; a position tied to a defined field — computer science, electrical engineering, accounting, nursing, architecture — is far more defensible. We help employers document the role and the position-to-degree nexus before filing rather than after a challenge.
Employer sponsorship and the Labor Condition Application (LCA)
The H-1B is employer-driven. Before the petition reaches USCIS, the employer must obtain a certified Labor Condition Application (Form ETA-9035/9035E) from the U.S. Department of Labor through the FLAG system. By filing it, the employer attests that it will pay the higher of the prevailing wage for the occupation and area or the actual wage it pays similar workers, that working conditions will not adversely affect other employees, that there is no strike or lockout, and that affected workers have been notified. Source: DOL, Labor Condition Application (LCA).
The Department generally reviews the LCA within seven business days, and an LCA may not be filed more than six months before the start of employment. The employer must also keep a public-access file and make the LCA available for public examination within one working day of filing. Once the LCA is certified, the employer files Form I-129 with USCIS to request the H-1B classification.
What it costs to file
Government fees are paid by the employer and vary by employer size and type. As of June 2026, the base Form I-129 fee for an H-1B is $780 for paper filings ($730 online), reduced to $460 for small employers (25 or fewer full-time equivalents) and qualifying nonprofits. On top of the base fee, petitioners may owe the ACWIA training fee, the $500 Fraud Prevention and Detection fee, the Asylum Program Fee ($600 for most employers, $300 for small employers, $0 for nonprofits), and, where applicable, the Public Law 114-113 fee. Source: USCIS, H and L Filing Fees for Form I-129. Premium processing (15 business days) is optional and carries a separate fee. Confirm the current ACWIA and premium-processing amounts at filing, as these are adjusted periodically.
The annual cap, registration and the lottery
Congress caps new H-1Bs each fiscal year. As of June 2026 the regular cap is 65,000, with a separate 20,000 reserved for beneficiaries who hold a master's degree or higher from a U.S. institution — the "advanced-degree exemption" or "master's cap." Source: uscis.gov.
Because demand far exceeds supply, USCIS uses an electronic registration system. Each March, the employer (or its representative) registers each prospective worker through a USCIS online account and pays a $215 fee per beneficiary. For FY 2027 the registration window ran from March 4 to March 19, 2026. If registrations exceed the cap, USCIS runs a random selection; only selected registrations may then file a full I-129 petition. Source: USCIS, H-1B Electronic Registration Process.
A beneficiary-centric rule means each unique worker is counted once no matter how many employers register them, so multiple registrations no longer improve the odds of selection — a change designed to curb gaming of the system.
Important change: wage-weighted selection (FY 2027)
Under a final rule effective February 27, 2026 and in place beginning with the FY 2027 cap season, USCIS adopted a weighted selection process that favors higher-paid roles. Each beneficiary is entered into the selection pool a number of times equal to the OEWS wage level the job is assigned: wage level IV is entered 4 times, level III 3 times, level II 2 times, and level I once. The beneficiary is still counted only once toward the cap if selected. Source: uscis.gov. This makes the wage level you assign on the LCA strategically important; we model it before registration.
| Feature | Cap-subject (most private employers) | Cap-exempt employers |
|---|---|---|
| Subject to the 65,000 / 20,000 numerical limits | Yes | No |
| Must enter the March registration/lottery | Yes | No — may file year-round |
| Typical filer | Tech, finance, consulting, healthcare staffing, startups | Universities and their affiliated nonprofits, nonprofit research organizations, government research organizations |
| LCA + I-129 required | Yes | Yes |
Workers petitioned by or employed at an institution of higher education, its affiliated or related nonprofit entities, a nonprofit research organization, or a government research organization are not subject to the cap. Source: uscis.gov. For physicians, researchers and academics, a cap-exempt path can avoid the lottery entirely.
Registration strategy, wage-level analysis and a clean LCA can make the difference between selection and a wasted year. Talk with our bilingual H-1B team about your case.
Duration: the 3+3 rule and beyond
USCIS may approve an H-1B for an initial period of up to three years, and may grant extensions for up to three more — a standard six-year maximum. Source: USCIS Policy Manual, Vol. 2, Part L, Ch. 10. The American Competitiveness in the Twenty-First Century Act (AC21) allows the clock to run past six years for workers whose green-card cases are far enough along: one-year extensions when a PERM labor certification or Form I-140 has been pending at least 365 days, and three-year extensions for those with an approved I-140 who cannot yet adjust status because a visa number is not available. These extensions are what let many professionals remain in H-1B status for years while waiting in oversubscribed green-card categories.
H-1B portability: changing employers
You are not locked to one employer. Under AC21 "portability," a worker in valid H-1B status may begin working for a new employer as soon as that employer properly files a non-frivolous H-1B petition — there is no need to wait for approval, provided the petition is filed before the prior authorized stay expires. Source: USCIS, FAQs for Individuals in H-1B Status. A change of employer like this does not require a new lottery selection. Because portability authorization ends if the petition is denied, vetting the new offer and the petition before you resign matters; we review transfers so a move forward does not become a status gap.
Dual intent and the green-card path
Unlike many temporary visas, the H-1B permits dual intent: you may seek lawful permanent residence while holding H-1B status without that pursuit being held against you. This is why the H-1B is the most common bridge to an employment-based green card — typically through PERM labor certification and an EB-2 or EB-3 immigrant petition, or, for those who qualify, through EB-1 or an EB-2 national interest waiver. For nationals of heavily oversubscribed countries, the AC21 extensions above keep H-1B status alive through the long wait. We sequence the H-1B and the green-card filing together so the two strategies reinforce each other.
H-4 spouses and children
Your spouse and unmarried children under 21 can accompany you in H-4 status. H-4 dependents may study, and certain H-4 spouses may work: an H-4 spouse is eligible to apply for an Employment Authorization Document (EAD) by filing Form I-765 if the H-1B principal is the beneficiary of an approved Form I-140 or has been granted H-1B time beyond six years under AC21. The spouse must receive the EAD before starting work. Source: USCIS, Employment Authorization for Certain H-4 Dependent Spouses. H-4 children are generally not eligible for an EAD on H-4 status alone.
How De La Rosa Law helps
Led by Oscar De La Rosa, Esq. (Florida Bar No. 1019585), our firm represents both employers and professionals on H-1B matters nationwide from our Miami headquarters. We assess specialty-occupation eligibility, prepare the LCA and I-129, build registration and wage-level strategy for the cap, handle transfers and extensions, respond to requests for evidence, and align the H-1B with a long-term green-card plan. With a 4.8 rating across our reviews and service in English and Spanish, we focus on getting the details right the first time. We do not guarantee outcomes — no lawyer ethically can — but we give your case the preparation it deserves.
