Guide \u00b7 Work Visas
What is an H-1B visa?
The H-1B is the best-known U.S. work visa for professionals. It lets a U.S. employer hire a foreign worker in a specialty occupation \u2014 a job that normally requires at least a bachelor's degree in a specific field.
Reviewed by Jessica Weiss, Esq. · Updated September 2026
Key takeaways
- An employer must sponsor you — you cannot self-petition.
- The job must be a specialty occupation, and you need the matching degree or equivalent experience.
- Most new H-1Bs are subject to an annual cap and lottery; universities and some nonprofits are cap-exempt.
- Status is granted for up to three years, extendable to six, and it allows dual intent — you can pursue a green card.
Who qualifies
The position must require a bachelor's degree or higher in a specific specialty, and you must hold that degree (or a foreign equivalent, or a combination of education and progressive experience). The employer must also file a Labor Condition Application and pay at least the prevailing wage.
The H-1B lottery
Each year there are 65,000 regular cap numbers plus 20,000 for holders of U.S. master's degrees or higher. Employers register candidates in March, selections are announced, and selected petitions may be filed starting April 1 for an October 1 start date. Cap-exempt employers can file at any time of year.
From H-1B to a green card
Because the H-1B allows dual intent, many holders move to permanent residence through an employer-sponsored PERM case (EB-2 or EB-3), or through a self-petition such as EB-1A or EB-2 National Interest Waiver. Extensions beyond six years are available once certain green card steps are underway.
Frequently asked questions
- How long does an H-1B last?
- Up to three years initially, extendable to a total of six years, with further extensions possible when a green card process has reached certain stages.
- Can my spouse work on H-1B?
- H-4 spouses can apply for work authorization in certain situations, most commonly once the H-1B holder has an approved I-140 immigrant petition.
- Can I change employers on H-1B?
- Yes. A new employer files a new petition, and in many cases you may begin working once it is filed, without re-entering the lottery.
Questions about your own case?
Jessica Weiss, Esq. offers a free brief consultation.