The H-1B lets U.S. employers hire professionals in specialty occupations that require at least a bachelor's degree or its equivalent.
Who This Is For
- Employers hiring degreed professionals
- F-1 students moving from OPT to work status
- H-1B workers changing employers (transfers)
What to Know
- New cap-subject petitions go through an annual electronic registration and selection in the spring.
- The annual cap is 65,000, with an additional 20,000 for holders of U.S. master's or higher degrees.
- Universities, affiliated nonprofits and government research organizations are cap-exempt.
- Status is granted in up to three-year periods, generally up to six years, with extensions possible during a pending green card.
Forms Usually Involved
| Form | Purpose |
|---|---|
| ETA-9035 | Labor Condition Application |
| I-129 | Petition for a Nonimmigrant Worker |
| I-907 | Request for Premium Processing |
How an H-1B Case Proceeds
- Cap registration (cap-subject cases). Annual electronic registration and selection in the spring, as described above. Cap-exempt employers do not go through the cap.
- Labor Condition Application. Form ETA-9035, listed in Forms Usually Involved below.
- Petition. Form I-129, Petition for a Nonimmigrant Worker. Premium processing may be requested on Form I-907.
- Decision or Request for Evidence. If USCIS issues a request for evidence, the petition is responded to before a decision. No specific decision timeframe is stated on this site for H-1B petitions, so none is promised here.
- Extension or transfer. Status is granted in up to three-year periods, generally up to six years, with extensions possible during a pending green card. H-1B workers changing employers use transfers, as listed in Who This Is For.
H-1B Lottery Registration
Cap-subject H-1B starts with the March registration lottery. Employers register beneficiaries; if selected, the petition follows in the filing window.
How This Compares
| Pathway | Sponsorship | Cap / Lottery | Duration | Green-Card Path |
|---|---|---|---|---|
| H-1B | U.S. employer | Annual cap: 65,000, plus 20,000 for U.S. master's or higher degrees; spring registration and selection | Up to three-year periods, generally up to six years, with extensions possible during a pending green card | Can lead to a green card case; extensions are possible during a pending green card, as stated above |
| O-1 | U.S. employer or agent | No annual cap or lottery, as stated on the O-1 page | Initial approval can be for up to three years, with one-year extensions | Work visa; a green card is a separate case, for example EB-1A for qualifying individuals |
| L-1 | Multinational company transferring staff to a U.S. office | No annual cap or lottery is stated on this site for L-1 | Duration is not stated on this site for L-1, so none is given here | Work visa; a green card is a separate case |
| EB-1 / NIW | EB-1A and NIW: self-petition is possible; EB-1B requires a job offer; NIW: no employer sponsor required | No cap registration or lottery as described for H-1B; green card wait times depend on category and country of birth, as shown in the monthly Visa Bulletin | Green card (permanent residence), not a temporary work period | This is the green card pathway itself |
Comparison is general information only, based on the descriptions on this site. It is not a recommendation for any individual case.
Backup Pathway: If the H-1B Lottery Does Not Select You
Not being selected does not end the inquiry. Depending on the facts, options described on this site include cap-exempt H-1B employment (universities, affiliated nonprofits and government research organizations), O-1, L-1, and TN/E-3 where applicable. Which, if any, fits is confirmed for the individual case; no option is promised here.
What If…? Frequently Asked Questions
- What if my H-1B registration is not selected? Consider cap-exempt employment and the backup pathways in the box above, and confirm which, if any, fits your facts.
- What if I want to change employers? H-1B workers changing employers use transfers, as listed in Who This Is For.
- What if my employer is a university or nonprofit? Universities, affiliated nonprofits and government research organizations are cap-exempt, as stated above.
- What if I am an F-1 student on OPT? F-1 students moving from OPT to work status are listed in Who This Is For.
- What if USCIS issues a Request for Evidence? The petition is responded to before a decision. The site does not state a specific RFE timeframe, so none is promised here.
- What if my green card case is pending? Status is granted in up to three-year periods, generally up to six years, with extensions possible during a pending green card.
- What if I need premium processing? Premium processing may be requested on Form I-907, listed in Forms Usually Involved.
General information, not legal advice. Requirements and processing change; we confirm current rules for your case.
Your Attorney
Paul M. Heller, Esq. — Principal Attorney & Founder, Heller Immigration Law Group, with 30+ years practicing U.S. immigration law in the San Francisco Bay Area and Silicon Valley, and throughout the United States. Immigration is a federal practice. Designated School Officials at Stanford & UC Berkeley have turned to Paul Heller for advice, as stated on the firm homepage.
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General information, not legal advice. Requirements and processing change; we confirm current rules for your case.