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What Is an H-1B Visa?

Federal & State Law Editorial TeamLast reviewed: 2025-12-15

The H-1B visa is a non-immigrant work visa for foreign professionals in specialty occupations. It is one of the most sought-after work visas in the United States.

Requirements:

  • Specialty occupation — The job must require at least a bachelor's degree (or equivalent) in a specific field. Common fields include IT, engineering, finance, architecture, science, and medicine.
  • Qualified worker — You must hold the required degree or have equivalent work experience.
  • Employer sponsorship — A U.S. employer must sponsor you. You cannot self-petition.
  • Labor Condition Application (LCA) — The employer must file an LCA with the Department of Labor, attesting to paying the prevailing wage.
  • Annual cap and lottery:

  • 65,000 visas for regular applicants.
  • 20,000 additional visas for applicants with U.S. master's degrees or higher.
  • When applications exceed the cap, USCIS conducts a random lottery.
  • Cap-exempt employers (universities, research institutions, nonprofits) are not subject to the cap.
  • Duration. Initially granted for up to 3 years, extendable to a maximum of 6 years. Extensions beyond 6 years may be possible if a green card petition is pending.

    Key features:

  • Dual intent — H-1B holders can pursue permanent residence (green card) simultaneously.
  • Portability — You can change employers. The new employer files a new H-1B petition, and you can begin work upon filing.
  • Dependents — Spouse and children under 21 can come on H-4 visas. H-4 spouses may be eligible for work authorization in certain circumstances.
  • This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Your employer wants to sponsor you for an H-1B visa
    • You want to change H-1B employers
    • Your H-1B petition was denied or subject to a Request for Evidence
    Related Statutes & Laws
    • INA § 101(a)(15)(H)(i)(b)
    • 8 U.S.C. § 1101

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.