H-1B Visa

What is an H-1B visa?

The H-1B visa is a temporary work visa that allows US employers to hire foreign workers for jobs in specific fields. H-1B visa requirements include specialized knowledge and at least a bachelor’s degree or its equivalent. These specialty occupations include fields such as engineering, mathematics, medicine, education, and tech.

H-1B visas give foreign workers the legal right to live and work in the US for the duration of their employment. However, due to high demand, there’s an annual limit on new H-1B visas. If the number of petitions exceeds the cap, a lottery system randomly selects which petitions will be processed.

Updates to H-1B visa in 2025

Under new H-1B visa rules, employers must pay a $100,000 application fee for new petitions filed after September 21, 2025. The fee is a one-time payment and does not affect current visa holders.

This comes as part of the proclamation signed by the president, “Restriction on Entry of Certain Nonimmigrant Workers”, to reform the H-1B visa program. It aims to safeguard highly skilled US workers and hold employers accountable if they abuse the H-1B visa application process.

Petitioners who fail to meet the new H-1B visa eligibility conditions—such as submitting proof of payment or an approved exception—will experience delays or denials. The Proclamation is set to remain in effect until September 21, 2026.

Who is eligible for an H-1B visa?

To qualify for an H-1B visa, an individual must have a job offer in a “specialty occupation” from a US employer. This generally requires a Bachelor’s degree or higher in a related field.

H-1B visa requirements for both the job and the worker are as follows:

What is the minimum salary requirement for an H-1B visa?

As of 2025, there are no minimum H-1B wage requirements. The worker’s salary depends on the experience level, job role, and job location. According to the Department of Labor (DOL), the employer must pay the H-1B worker either the prevailing wage or the actual wage—whichever is higher.

Actual wage rule

The actual wage refers to what employers pay similarly experienced or qualified US workers for the specific occupation in question. If no one else is similarly employed, the actual wage is simply the wage the H-1B worker will receive.

Prevailing wage rule

For most employers, the H-1B worker must be paid the prevailing wage for the job and location. The prevailing wage is the average salary for similar roles in the geographic area, as determined by DOL.

What are the employer’s responsibilities for H-1B visa employees?

Employers sponsoring H-1B visa workers have a few key responsibilities to follow as part of H-1B visa rules:

Be a sponsor

Employers must submit Form I-129 to the U.S. Citizenship and Immigration Services (USCIS) to prove there’s a real job for the employee, with set hours and a promised wage.

Pay the petition fee

It’s the employer’s responsibility to pay the one-time $100,000 fee, as well as provide proof of the payment, or evidence of an exception from the fee.

Get a certified Labor Condition Application (LCA)

Employers need to submit Form ETA 9035E to the DOL to confirm:

• The employee will be paid at least the higher of the local or company wage.
• Working conditions won’t harm US workers.
• There is no lockout or strike at the place of employment during the labor condition application.
• The LCA must be posted where the employee will work. If employees work remotely, it must be shared with the company online (e.g., email).

Pay the correct wage

Employers must pay the employee the prevailing wage or the actual wage throughout their employment.

Report changes

Any big changes, such as a change in worksite location outside the listed geographic area or a salary drop, must be reported to USCIS and DOL. These may require filing a new LCA or amended H-1B petition.

Notify agencies of termination

If the employee’s job ends, employers must inform USCIS and DOL as soon as possible.

Cover return transportation costs

If the employment is terminated before the H-1B visa period ends, employers must pay for the employee’s reasonable transportation back to their home country.

How does the H-1B visa lottery work?

There is greater demand than availability for H-1B visas. When total H-1B registrations exceed the annual limit, USCIS uses a lottery system to help create fairness. Here's how it works:

Step 1: Registration

Employers who want to hire a foreign worker in a specialized field (like tech, engineering, or healthcare) sign up during a specific time. They can submit an H-1B application to the USCIS six months before the selected start date, providing basic details about the worker they’re sponsoring.

Step 2: The lottery

There are 85,000 H-1B visas available each year:

• 65,000 are for the general pool of applicants
• 20,000 are reserved for workers with advanced degrees from US schools (called the “master’s cap”)

First, USCIS randomly selects 65,000 people from everyone who applied. Then, they hold a second lottery to select 20,000 more from the group with US advanced degrees. For the Fiscal Year 2026, USCIS confirmed that the cap had been met through the initial selection cycle, and no second lottery would occur.

Step 3: Filing the visa

If the worker is chosen in the lottery, the employer submits a full visa application. If everything checks out, the worker gets approved and can start their job in the US.

Since there are so many applications and only a limited number of visas, the lottery is a way to help make the process fairer.

H-1B visa processing time

H-1B visa processing times vary significantly, influenced by the annual cap, filing windows, and your local US embassy. The timeline is also dependent on whether you use premium or regular processing. Here’s the difference between the two:

• Regular processing—between eight and 12 months from initially filing the visa
• Premium processing—between three and four months, for an additional fee

Due to these factors, the H-1B application timeline can be unpredictable. You can help prevent unnecessary delays by submitting all the correct documentation. Individuals can check the processing time at the USCIS website.

H-1B visa FAQs

Whether you’re an employer looking to hire skilled foreign workers, or an employee in search of your next specialized role, we’ve answered some common questions on H-1B visa rules.

How long can an employee stay in the US on an H-1B visa?

The typical H-1B visa duration is three years, with the possibility of extending it for another three years—a maximum of six years in total. There are several exemptions that allow certain employees to extend beyond six years in specific circumstances. If you wish to get an H-1B visa renewal, your employer must file Form I-140 before your current status expires.

What rights do the children and spouses of H-1B visa holders have?

Families of H-1B visa holders, including their children and spouses, are eligible to obtain H-4 visas, which permit them to remain in the United States based on the status of the H-1B visa holder.

Here is some important information to keep in mind:

Who is eligible for H-4 status?

H-4 status is available to spouses and unmarried children under 21 years old. However, if the child gets married or turns 21, they will no longer qualify for this status. Additionally, if the H-1B holder's status changes, their dependents will also lose their H-4 status.

Education opportunities

H-4 dependents are allowed to enroll in educational programs in the US, either on a part-time or full-time basis, without any restrictions.

Limitations on employment

Most H-4 visa holders aren’t allowed to work, but certain H-4 spouses may be eligible for work authorization if the H-1B holder is in the later stages of the US permanent residency process.

Spouses may request an Employment Authorization Document (EAD) to be eligible for employment. This option is only available for spouses of H-1B visa holders who have either initiated or completed the process for obtaining permanent residency in the US through an approved I-140 petition.

How much does an H-1B visa cost?

An H-1B visa costs $100,000 for employers filing new petitions after September 21, 2025. This is in addition to other traditional fees, such as an optional premium processing fee, which costs around $2,500. All fees must be paid by the employer.