What Is the H-1B Visa?
The H-1B is a nonimmigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations — positions that require at least a bachelor's degree or equivalent in a specific field. Common H-1B occupations include software engineers, architects, accountants, physicians, and attorneys.
The Annual Cap and Lottery
Congress has set an annual cap of 65,000 H-1B visas per fiscal year, with an additional 20,000 reserved for individuals with a U.S. master's degree or higher. Because demand far exceeds supply, USCIS conducts a random lottery each spring for the following fiscal year (which begins October 1).
Cap-Exempt Employers
Certain employers are exempt from the H-1B cap, meaning they can file H-1B petitions at any time of year without going through the lottery. These include:
- Universities and colleges
- Nonprofit research organizations
- Government research organizations
- Nonprofit entities affiliated with universities
Key Timeline for Cap-Subject H-1B
- March: USCIS opens registration window (typically 2 weeks)
- Late March: Lottery conducted; selected registrants notified
- April 1 – June 30: Petition filing window for selected registrants
- October 1: Earliest start date for new H-1B employment
Maintaining Status and Changing Employers
H-1B holders can change employers through a process called "H-1B portability" under the American Competitiveness in the 21st Century Act (AC21). If you have an approved I-140 petition and your green card application has been pending for 180+ days, you may be able to change employers without losing your place in the green card queue.
Path to Permanent Residence
Many H-1B holders use their time in H-1B status to pursue employer-sponsored green cards through the PERM labor certification process (EB-2 or EB-3 category). For those with extraordinary ability, a self-petition through the EB-1A or National Interest Waiver (EB-2 NIW) may be available.