What Is an H-1B Visa? Cap, Lottery, Fees and the $100,000 Rule

You've got the skills, maybe even a US job offer, and everyone keeps mentioning the H-1B. It's the best-known US work visa for professionals, and also one of the most talked-about, because the rules have changed so much since 2025.

This guide explains what an H-1B visa is, how the cap and selection work now, what it costs and who pays, and where the $100,000 payment stands. Everything here reflects official sources as of September 2026, and several parts are still moving, so check the USCIS pages before you rely on any detail.

What an H-1B visa is

The H-1B is a nonimmigrant, or temporary, visa that lets a US employer hire a foreign worker in a specialty occupation. USCIS defines that as a job needing the theoretical and practical application of highly specialised knowledge, and normally at least a bachelor's degree in a directly related field.

Common H-1B roles include software engineering, data analysis, accounting, engineering, medicine and university teaching. Foreign degrees, or a combination of education and experience, can count as equivalent to a US degree if properly evaluated.

Three features shape everything else:

• It's employer-driven. You can't apply by yourself.
• It's tied to that employer. Changing jobs means a new petition, though you can often start once it's filed.
• It's temporary. Usually up to three years at a time and six years in total.

The H-1B also allows "dual intent", meaning you can pursue a green card while holding it. That's a big reason it's popular.

The annual cap

Congress limits new H-1B visas to 65,000 a year, the regular cap, plus 20,000 for people with a US master's degree or higher, the advanced degree exemption. A foreign master's doesn't count for the extra 20,000.

For fiscal year (FY) 2027, which starts on 1 October 2026, USCIS announced that it had received enough petitions to reach both caps. People who weren't selected must wait for the next registration season, or look at cap-exempt employers.

Not every H-1B counts against the cap. Workers already counted, who change employers or extend, usually don't go through the lottery again.

How registration and selection work now

For cap-subject jobs, the employer first submits an online registration. For the FY 2027 cap, registration ran from noon Eastern on 4 March to 5 p.m. Eastern on 19 March 2026, with a $215 fee per beneficiary.

The biggest change is how USCIS chooses. A Department of Homeland Security (DHS) final rule published on 29 December 2025, effective 27 February 2026, replaced the purely random draw with weighted selection. Each unique beneficiary is placed in the pool based on the Department of Labor wage level the offered salary meets for that job and location:

Wage levels come from the Occupational Employment and Wage Statistics (OEWS) survey run by the Bureau of Labor Statistics. They vary by occupation and city, so the same salary might be level II in one place and level III in another. Your employer can look them up on the Department of Labor's wage search tools.

Entry-level candidates still have a chance, but lower odds than before. The employer must support the chosen wage level in the later petition, so a registration that doesn't match the real offer can cause problems.

The H-1B process, step by step

1. Job offer. A US employer offers you a specialty-occupation role.
2. Registration. For cap-subject jobs, the employer registers you in March. Cap-exempt employers skip this.
3. Selection. USCIS notifies selected registrants, usually by the end of March.
4. Labor Condition Application (LCA). The employer files with the Department of Labor, promising to pay at least the higher of the actual or prevailing wage and to notify its workforce.
5. Form I-129 petition. The employer files with USCIS, with evidence and fees. Cap petitions can usually be filed from 1 April.
6. Visa or change of status. Abroad, you apply for the visa at a US embassy or consulate. In the US in another status, the petition can ask to change your status.
7. Start work. For cap cases, the earliest start date is 1 October.

What happened to the $100,000 payment

A presidential proclamation in September 2025 required a $100,000 payment for certain new H-1B petitions submitted after 12:01 a.m. Eastern on 21 September 2025. It didn't apply to existing visas or earlier petitions.

On 8 June 2026, a federal district court in Massachusetts vacated the agency guidance implementing the payment. On 24 July 2026, the First Circuit Court of Appeals denied the government's request to pause that ruling. USCIS says DHS disagrees but will comply while it considers next steps, and still plans to collect the payment if the order is lifted.

Separately, on 25 August 2026, DHS published a proposed rule for a $103,265 fee on all H-1B cap-subject petitions, including master's cap cases, on top of all other fees. Comments close on 24 September 2026. It isn't in force unless DHS issues a final rule.

What an H-1B costs and who pays

These fees come from the USCIS fee schedule dated 9 September 2026. Most are paid by the employer, and some must be by law.

The Department of Labor's Fact Sheet 62H says your employer can't require you to pay the ACWIA fee or the $500 fraud fee. Attorney fees and costs tied to the LCA and petition are business expenses and can't be deducted if they take your pay below the required wage.

Money matters once you arrive

Your pay must meet the wage on the LCA. Salaries vary hugely by field and city, so compare your offer with the Department of Labor's wage data for your job and location. For examples by occupation, see our guide to the highest-paying jobs in the USA.

Budget for the move too: flights, a rental deposit and first month's rent, and a buffer until your first paycheque. Most H-1B employers offer health insurance, but check what the plan covers for your family. Open a US bank account early, get your Social Security number, and compare the full cost of sending money home. H-1B workers usually become US tax residents, so learn how the US taxes worldwide income.

Cap-exempt employers

Some employers aren't subject to the cap and can file at any time of year:

• US colleges and universities
• nonprofits affiliated with a university, such as teaching hospitals
• nonprofit research organisations
• government research organisations

If you weren't selected, a cap-exempt role can be a real alternative. Healthcare and research roles are common examples. Our guide to high-paying healthcare jobs in the USA covers one sector where these employers are active. Be aware that if you later move to a cap-subject employer, you may need to go through selection.

Family, time limits and the green card

Your spouse and unmarried children under 21 can come in H-4 status. H-4 alone doesn't allow work. An H-4 spouse can get work authorisation in limited cases, such as when you have an approved Form I-140 immigrant petition.

USCIS generally grants H-1B status for up to three years, with an extension to a six-year total. Extensions beyond six years are possible if your green card case has reached certain stages. If you want to stay long term, start the green card conversation with your employer early. Our guide to EB visas ranked by difficulty explains the options.

Scams and red flags

• Paying for an H-1B job offer. Real sponsors don't sell jobs, and the employer must pay key fees itself.
• "Guaranteed lottery selection". Selection is by weighted chance, and no one can buy extra entries.
• Benching without pay. An H-1B employer generally must pay the required wage even when there's no work for you.
• Fake registration sites. Registration is filed by the employer through its USCIS online account.

Your next steps

• Check whether your degree fits a specialty occupation, and get a credential evaluation if needed.
• Target employers that already sponsor H-1Bs, including cap-exempt universities and research institutes.
• If you have an offer, ask which wage level the employer will register and who pays each fee.
• Watch the USCIS H-1B FAQ and the Federal Register for news on the $100,000 payment and the proposed fee.
• Plan early for the next registration period, usually in March.

The H-1B remains a real route for skilled professionals, but it's more competitive and more uncertain than it was. Go in with accurate information, a backup plan and a clear idea of your rights.