What Is An H-1B Visa? Everything You Need To Know

Index

• What Is the H-1B Visa?
• Top Benefits of the H-1B Visa: Why It’s More Than Just a Work Permit
• Who Is Eligible for an H-1B Visa? (Key Requirements for 2026)
• New H-1B Visa Rules for 2026 (FY 2027)
• How to Find an H-1B Sponsor
• The H-1B Visa Application Process: Your Step-by-Step Guide for 2026
• Legal Insights for H-1B Success
• Take Control of Your 2026 H-1B Strategy

What Is the H-1B Visa?

Designed for foreign professionals in specialty occupations, the H-1B is a nonimmigrant work visa that enables U.S. companies to recruit experts in fields such as IT, engineering, healthcare, and finance. A key benefit of the H-1B program is its 'dual-intent' status, which allows visa holders to legally pursue permanent residency (a Green Card) while maintaining their professional status in the United States.

Top Benefits of the H-1B Visa: Why It’s More Than Just a Work Permit

The H-1B visa is widely considered the "gold standard" for international professionals in the U.S. Not only does it provide legal employment, but it also serves as a strategic bridge to permanent residency. Here is why thousands of specialists apply for this status every year:
 

1. Long-Term Career Stability & Portability

Initially granted for 3 years and extendable up to 6 years, the H-1B gives you plenty of time to build a career in the United States. A common misconception is that you’re “stuck” with your first sponsor. In practice, you can change employers while on H-1B as long as the new company files an H-1B transfer petition on your behalf. This flexibility lets you pursue better opportunities without having to go through the lottery again.
 

2. A Direct Pathway to a Green Card (Dual Intent)

One of the greatest advantages of the H-1B is its "Dual Intent" nature. Unlike many other nonimmigrant visas, you can legally pursue Permanent Residency (Green Card) while on H-1B status.

• The Green Card Strategy: Many U.S. employers use the H-1B period to evaluate a professional relationship before committing to a full Green Card sponsorship.

• Note: You do not need an H-1B to apply for a Green Card, but it is the most common and secure "test period" for both the employee and the employer.

3. High Approval Rates & Travel Freedom

Once your H-1B petition is approved by USCIS, the visa stamping approval rate at U.S. consulates is typically very high. Historically, it has been reported at around 98%. After you receive your visa stamp, you can travel internationally and re-enter the U.S. as needed during the validity of your H-1B status.
 

4. Family Relocation via H-4 Status

The H-1B can also cover your family. H-1B holders can bring their spouse and unmarried children under 21 to the U.S. under H-4 dependent status.

• Education: H-4 dependents can attend schools and universities in the U.S.

• Work Authorization: While H-4 spouses generally do not have immediate work authorization, they can apply for an EAD (Employment Authorization Document) once the H-1B principal’s Green Card process (Form I-140) reaches a certain stage.
   

5. Prevailing Wage & Equal Benefits

As an H-1B worker, you are protected by U.S. labor laws. Employers are required to pay you at least the prevailing wage for your position and location, ensuring you aren't underpaid. Furthermore, you are entitled to the same benefits as your American colleagues, including health insurance, 401(k) plans, and performance bonuses.

Ready to start your U.S. journey?

Don’t leave your lottery chances to luck. Contact Gozel Law Firm today to evaluate your eligibility and secure your H-1B sponsor strategy.

Who Is Eligible for an H-1B Visa? (Key Requirements for 2026)

To qualify for an H-1B work visa, foreign professionals must meet three core eligibility criteria. While the legal definition of a "specialty occupation" can seem abstract, but the right H-1B strategy focuses on aligning your specific expertise with U.S. market demands in general. 

1. The Specialty Occupation Requirement

An H-1B position must require the theoretical or technical application of highly specialized knowledge. In legal terms, this means the job is so complex that it typically requires at least a bachelor's degree.

• Common Fields: Engineering, IT (Software Developers, Data Scientists), Finance, Healthcare, Architecture, and Law.

Even if a job title seems broad, the petition must demonstrate that the specific role is "specialized." A well-mapped connection between the academic degree and the job duties is the most critical factor in overcoming USCIS scrutiny. 

2. Educational Qualification & The "12-Year Experience" Rule

You must hold a U.S. bachelor’s degree or its foreign equivalent in a field directly related to your job offer.

• Master’s Degree Advantage: If you hold an MS in Computer Science or another STEM field from a U.S. university, you qualify for the Master’s Cap, significantly increasing your lottery selection odds.

• The 3-to-1 Rule: Don't have a degree? You can still qualify. USCIS considers 3 years of professional experience as equivalent to 1 year of university education. Therefore, 12 years of progressive work experience in a specific field can substitute for a 4-year bachelor’s degree.

• Professional Licensing: Note that certain professions, such as medicine or architecture, may require additional state-specific licenses to practice within the U.S.

3. A Valid Job Offer from a U.S. Sponsor

The most challenging step is securing a bona fide job offer. In the H-1B context, the employer is your sponsor.

Many employers hesitate because they misunderstand what “sponsorship” means. In most cases, the employer’s primary obligation is to pay at least the prevailing wage, which is set by the Department of Labor based on the role, location, and job requirements.

This is a mutually beneficial arrangement. The employer agrees to hire you at a fair market rate, and they are not guaranteeing your life in the U.S. They are confirming that your skills are needed for the position and the business.

4. The March Lottery

Even with a strong profile and a solid sponsor, you still need to be selected in the annual H-1B lottery each March. Since demand usually exceeds the 85,000 cap, it helps to think ahead and identify a backup option, such as O-1 or L-1, in case you are not selected.

New H-1B Visa Rules for 2026 (FY 2027)

In 2026 (Fiscal Year 2027), several major structural changes were introduced to the H-1B program to increase transparency and prioritize high-skilled talent.

Most notably, a new $100,000 application fee was introduced under a presidential executive order signed on September 19, 2025. While this rule is currently in effect (despite being challenged in the Global Nurse Force v. Trump case), it is crucial to note its limitations:
 

Important Note: This $100,000 fee applies ONLY to new petitions filed via consular processing. Foreign professionals already in the U.S. (F-1, L-1, etc.) filing for a Change of Status, as well as those filing for H-1B Extensions or Employer Transfers, are EXEMPT from this supplemental charge.

The Shift to a Weighted H-1B Lottery

Selection is no longer a purely random draw. Under the new "Beneficiary-Centric" and salary-prioritized model, your selection odds are directly tied to your offered salary relative to the local OEWS Wage Level.
 

*Based on USCIS FY 2027 predictive modeling.

Warning: If a beneficiary is registered by multiple employers at different wage levels, the system will automatically default to the lowest offered wage level, significantly reducing your selection probability.

How to Find an H-1B Sponsor

Securing a job offer from a U.S. employer is the first and most important step in the H-1B application process. While finding sponsorship from abroad can be competitive, using a goal-driven approach and building professional networks can significantly increase the chances of success.

1. Use Databases to Identify Active Sponsors

Instead of applying blindly, focus on "sponsorship-savvy" employers who have a proven track record of filing H-1B petitions. Companies familiar with the process are often more willing to hire foreign talent because they already understand the legal requirements and timelines.
 

• USCIS H-1B Employer Data Hub: The official government starting point to verify a company's past approval and denial rates.
• MyVisaJobs & H1B Grader: These are goldmines for candidates. They provide historical data. This data is on which companies sponsor the most visas. It also shows which job titles they prioritize. Most importantly, it shows what salaries they offer.
   

2. Focus Your Efforts on Job Boards with High Traffic

When using platforms like Indeed, CareerBuilder, Glassdoor, and LinkedIn, it's important to use highly specific search strings to filter for employers who are already open to sponsorship.

Search Queries Examples: Use terms like "H-1B sponsorship available," "visa sponsorship provided," or "OPT/CPT friendly," alongside your job title (e.g., "Software Engineer H-1B Sponsorship").
 

3. Use International Professional Organizations

If you work in a technical field, membership in well-known professional organizations (for example, IEEE for engineers) can make it easier to connect with U.S. employers.

• Referrals: These communities help you meet U.S.-based peers who can act as references. A referral from someone already in the field can make an employer more comfortable moving forward with an international hire.
• Professional credibility: Being part of a respected organization can support your profile and signal that you take your field seriously, even before an interview.

4. A Practical Option: Language School, F-1, and OPT

For many people, the most effective way to find a sponsor is to be in the U.S. through a school-based path.

• F-1 through a language program or degree program: Studying in the U.S. lets you attend local job fairs, meet employers in person, and build a network more quickly than applying from abroad.
• OPT (Optional Practical Training): This is one of the most common routes. OPT allows you to work after graduation, and many employers treat it as a real-world trial period. If the fit is strong, they are often more willing to file an H-1B petition for you.

Many employers hesitate because they assume sponsorship is complicated or risky. In many cases, the main requirement is straightforward: the employer must pay at least the Prevailing Wage, which reflects the market rate for that role in that location based on Department of Labor (DOL) standards.

Salary expectations: The employer and the candidate agree on a salary that meets the prevailing wage level. For many companies, this looks similar to making a competitive offer to any candidate.
 

The H-1B Visa Application Process: Your Step-by-Step Guide for 2026

1. H-1B Lottery Registration (The Critical March Window)

The process begins with Electronic Registration via the myUSCIS portal. Typically opens in early March for at least 14 days.

Selection Mechanism (New for FY 2027!) is changed. USCIS has transitioned to a “Wage-Weighted Selection” system. Instead of a purely random draw, candidates are prioritized based on their Department of Labor (DOL) wage levels.

• Level 4 (High): Highest selection probability.
• Level 1 (Entry): Lowest selection probability.

The overall lottery selection rate is typically around 25-30%, but those with a U.S. Master's Degree have a separate 20,000-cap pool, which significantly boosts their success rate, often making it higher than 50%.

2. Cap-Exempt Petitions: The Year-Round Alternative

If your employer is Cap-Exempt, you do not have to wait for March or go through the lottery. A cap-exempt H-1B petition can be filed at any time of the year.

Cap-exempt employers typically include U.S. universities, nonprofit organizations affiliated with higher education institutions, nonprofit research organizations, and certain government research entities.

In limited situations, a private company may be able to hire through a qualifying cap-exempt organization. For example, if the role is actually placed at a university or research institution and the petitioning entity qualifies as cap-exempt, the case may avoid the lottery. This is not common, but it can be a useful option in the right setup.

3. Labor Condition Application (LCA) Certification:

Once selected in the lottery, your employer has 90 days to file the full petition. The first step is getting an approved LCA from the Department of Labor.

• Prevailing Wage: The employer must prove they are paying you a fair market wage.
• No Adverse Effect: The filing confirms that hiring you won't negatively impact the working conditions of U.S. citizens.

4. Filing Form I-129 (The H-1B Petition)

After LCA approval, the formal H-1B petition is filed. This package must be carefully organized to avoid a Request for Evidence (RFE).

• Evidence Required: Academic transcripts, specialized job descriptions, and proof of the “Specialty Occupation” status.
• Fees & Costs: Employers must cover all primary fees (Anti-Fraud, ACWIA, etc.).

5. Choosing Your Path: Change of Status vs. Consular Processing

This is where the 2026 strategy becomes important due to recent fee changes:

• Change of Status (COS): If you are already in the U.S. (e.g., on an F-1 or L-1 visa), you can switch to H-1B without leaving. This is the preferred route to avoid the new $100,000 supplemental fee.
• Consular Processing: If you are outside the U.S., you must visit a consulate for an interview after I-797 approval.

6. USCIS Decision & Start Date:

Standard vs. Premium: Standard processing of H-1B application takes 4-8 months. Premium Processing (now updated to reflect inflation, at $2,965) guarantees a response in 15 days.

Start Date: Once approved, your H-1B status typically becomes effective on October 1st, the start of the new fiscal year.

H-1B Visa Fees (Effective FY2026)

The H-1B visa application process involves various government filing fees collected by USCIS and the Department of Homeland Security. These costs depend on the employer’s size, nonprofit status, and the applicant's current location.
 

IMPORTANT EXEMPTION: The new $100,000 supplemental fee (effective September 21, 2025) applies ONLY to new petitions filed at U.S. consulates abroad (Consular Processing). If you are already in the U.S. and filing for a Change of Status (e.g., transitioning from F-1 student or L-1 to H-1B), or if you are filing for an extension or employer transfer, you are EXEMPT from this $100,000 fee.

* FTE (Full-Time Equivalent): Calculated based on the total number of full-time employees in the sponsoring company.

* ACWIA Fee: Mandated to fund U.S. worker training; reduced for small employers and waived for certain nonprofits.

Example H-1B Cost Calculation

If a small business (15 employees) sponsors a candidate from abroad for the first time, the breakdown of government fees would be:

• Form I-129 Filing Fee: $460

• Asylum Program Fee: $300

• Fraud Prevention & Detection Fee: $500

• ACWIA Training Fee: $750

• New H-1B Supplemental Fee (Sept 2025 Proclamation): $100,000

• TOTAL: $102,010 (Government fees only)

Additional Processing Fees

• H-1B Electronic Registration Fee (Lottery): $215 (Per candidate)

• Premium Processing (15-Day Result): $2,965 (Updated March 1, 2026)

• H-4 Dependent Extension / Change of Status: $470

• H-4 Spouse Employment Authorization (EAD): $520

Key Reminders for Employers

• Who Pays? Under U.S. federal law, the employer is generally required to pay the H-1B filing fees and the $100,000 supplemental fee. These costs cannot be passed on to the employee or deducted from their salary.

• Attorney Fees: The figures above are USCIS government filing fees only. Legal representation fees for petition preparation are separate.

• Refunds: USCIS filing fees are non-refundable, even if the petition is denied or the candidate is not selected in the lottery.

Are you or your employer concerned about the new fees? Let us provide a professional cost-benefit analysis for your specific case. Contact us. 

Legal Insights for H-1B Success

Applying for an H-1B visa can be highly competitive. Knowing the common challenges helps you plan a clear strategy:

• Lottery uncertainty: With the annual cap, selection is never guaranteed. We review your profile and, if needed, recommend realistic alternatives such as O-1, L-1, or EB-2 NIW as a backup plan.
   
• Employer dependency: H-1B status is employer-sponsored, but you are not permanently tied to one company. We explain H-1B portability and how a transfer works if you receive a better job offer.
   
• Compliance and fees: Changing rules and higher fees make accurate documentation essential. Gozel Law manages the filing from start to finish, including LCA compliance and prevailing wage accuracy, to reduce the risk of an RFE (Request for Evidence).

H-1B Visa FAQs: Expert Answers to Common Questions

1. What is the difference between an H-1B petition and an H-1B visa?

The H-1B petition (Form I-129) is the initial application filed by your employer to USCIS to request your work authorization. The H-1B visa is the physical stamp placed in your passport by a U.S. consulate after your petition is approved, allowing you to enter the United States.

2. Does the size of the sponsoring company matter for H-1B approval?

There is no legal minimum company size for H-1B sponsorship. Both startups and Fortune 500 companies can sponsor. The critical factor is whether the company can prove it has a legitimate need for a "specialty occupation" and the financial ability to pay the prevailing wage.

3. Can I apply for an H-1B through my own company (Self-Sponsorship)?

Yes, it is possible but requires a specific legal setup. You must demonstrate a valid employer-employee relationship, meaning the company (via a board of directors or other managers) must have the right to control your employment, even if you own shares.

4. How does the new "Wage-Based" lottery affect me?

Under the 2026 weighted system, your selection odds depend on how your salary compares to the local market levels (Level I to IV). Even if your salary is low, strategic job classification and selecting the correct OEWS wage level can optimize your position in the lottery.

5. Is an online Master’s degree from a U.S. university eligible for the Master’s Cap?

Generally, yes, provided the university is a public or non-profit institution and is properly accredited. The "online" format does not disqualify you, but the institution's status is critical for the additional 20,000-visa quota.

6. What are the alternatives if I am not selected in the H-1B lottery?

If the lottery doesn't go your way, several "Plan B" options exist:

• O-1 Visa: For individuals with extraordinary ability in their field.

• L-1 Visa: For managers or executives transferring from a foreign branch.

• E-2 Visa: For entrepreneurs from treaty countries looking to invest in a U.S. business.

• EB-3 (PERM): Direct green card sponsorship (though this process is longer).

7. Is the H-1B an immigrant or non-immigrant visa?

The H-1B is a non-immigrant visa, but it is unique because of its "Dual Intent" status. This means you can work temporarily while legally pursuing a Green Card without jeopardizing your current status.

8. Will I be charged the $100,000 supplemental fee if a Nonprofit/University sponsors me?

According to recent guidelines, educational institutions and certain research nonprofits are often exempt from this fee. Furthermore, the fee is primarily targeted at new petitions filed from abroad (Consular Processing) rather than those filing for a Change of Status within the U.S.

Take Control of Your 2026 H-1B Strategy

The H-1B timeline moves fast, especially around the March registration period. If you are an employer hiring international talent or a professional preparing to work in the U.S., Gozel Law Firm can help you plan the right approach, prepare the filing package, and avoid common compliance mistakes.

Choose your preferred way to start:

1. Direct Assessment: Fill out our H-1B Eligibility Form
   Best for a detailed review of your specific wage level and specialty occupation status.

2. Book a Consultation: Schedule a 1-on-1 Consultation
   Speak directly with an attorney to explore O-1 or EB-2 NIW options.