H-1B visa: working in the USA as a highly skilled professional

The H-1B is a nonimmigrant visa that allows foreign professionals to work temporarily in the USA.

It is designed specifically for workers in specialty occupations who have higher education or special skills that matter to the US economy.

The H-1B is filed by US employers who want to hire a foreign worker, and it allows the employee to work in the USA for up to six years.

What are the advantages of the H-1B compared with other visas?

The H-1B offers plenty of advantages for people who want to work in the USA, including the chance to gain valuable experience in a new environment and possibly a path to permanent immigration. For employers, it is a way to hire and keep qualified people who are hard to find in many industries because of skills shortages.

What are the disadvantages of the H-1B compared with other visas?

There are also drawbacks and challenges in applying for and using the H-1B, including high requirements for the employee's qualifications and salary, and close oversight by the US government.

Before you apply, check carefully whether the H-1B is the right option for you and whether you meet the requirements.

The H-1B cap system limits the number of H-1B visas available each year. US Citizenship and Immigration Services (USCIS) issues a limited number of H-1B visas annually, and that number is often far lower than the number of applicants.

The H-1B cap system has two categories:

1. The regular H-1B cap: this covers 65,000 visas per year and applies to workers applying for an H-1B, whether they already work in the USA or live abroad.

2. The advanced degree cap: on top of the 65,000 regular H-1B visas, there are 20,000 more visas for graduates of US universities with a master's degree or higher.

When there are more applications than visas, a selection process (the lottery) decides who gets one. Applications for the advanced degree cap are drawn first, and those not selected are then entered into the regular cap.

Since February 27, 2026, selection is no longer purely random. Under the final rule of December 29, 2025, the number of entries depends on the wage level assigned to the position: the highest of the four levels gets four entries, lower levels correspondingly fewer. It is still a lottery, but with weighted entries, which shifts selection in favor of higher-paid positions.

The cap system is a major factor in any H-1B application and can make the process harder for employers and employees. Employers and employees should file as early as possible to improve their chances of success.

As a specialty work visa, the H-1B requires the applicant to have specific qualifications and experience in a particular field.

Here are some of the key requirements for H-1B applicants:

Specialized knowledge: The applicant must have specialized knowledge or specific professional training, evidenced by a bachelor's degree or higher.

That specialized knowledge must apply directly to the job the visa is for. The applicant must be a recognized specialist in their field.

If the bachelor's degree was not earned at a US institution, its equivalence must be confirmed by an accredited US evaluation service (work experience or credential evaluation).

Employer sponsorship: A US employer must sponsor the applicant and offer a position that requires the specialized knowledge.

Full-time employment: The applicant must work full time, which usually means at least 35 hours a week.

Pay: The employer must pay the applicant a wage at least equal to the average wage for that occupation.

No criminal convictions: The applicant must not have committed any crimes or serious offenses punishable in the USA.

Health requirements: The applicant must meet all health requirements, including screening for infectious diseases.

English skills: The applicant must be able to communicate in English well enough to do the job.

Requirements can vary by position, industry and employer. Applicants and employers should do their homework in advance and carefully gather all required documents and evidence.

These requirements apply to employers who want to file an H-1B for a foreign worker:

Job offer: The employer must offer the foreign worker a real position in the USA that the worker is qualified for.

Meeting LCA requirements: The employer must file a Labor Condition Application (LCA) with the US Department of Labor and comply with its terms. The LCA ensures the foreign worker is not paid less than the average for that position in the area.

Fair pay: The employer must pay the foreign worker fair compensation, at least the average for that position in the area.

Workplace requirements: The employer must ensure the workplace is safe, healthy and free of discrimination.

Taxes and fees: The employer must pay all required taxes and fees associated with the H-1B.

Documentation: The employer must provide all documents needed to support the H-1B petition, including proof of the employee's education and evidence of the position.

Further requirements depend on the individual case. Employers should always work with experienced advisors to make sure every requirement is met and the process runs smoothly.

The H-1B filing period usually opens on April 1 each year, for employment starting on or after October 1.

Employers can file H-1B petitions no earlier than six months before the employment start date.

Applying for an H-1B is always time-sensitive, because USCIS issues only a limited number of H-1B visas each year and demand usually exceeds supply.

That is why we recommend filing as early as possible, so your application can be processed in time and your chances of success go up.

An H-1B is usually granted for a period of up to three years and can be extended once for another three years, for a maximum of six years in total.

In certain situations, however, the maximum period can be extended. For example:

1. If the H-1B worker spends a certain number of days a year outside the USA, those days can be added back to the visa's period.

2. If the H-1B worker has applied for a green card, the H-1B can be extended by a year or more until the green card application has been decided.

Keep in mind that the H-1B visa is tied to a specific job and a specific employer. If you want to change employers, you need to file a new H-1B petition.

That said, H-1B workers do have ways to change employers without starting from scratch, for example by requesting an H-1B transfer or an H-1B amendment.

The decision on an H-1B approval is made by the US immigration authority, USCIS (United States Citizenship and Immigration Services).

A decision usually takes several months.

Once the petition has been filed and the documents reviewed, these are the next steps:

1. Employer notification: The applicant's employer is told by mail whether the petition was approved or denied. The employer then has to inform the applicant of the decision.

2. The I-797 notice: If the petition is approved, the applicant's employer receives the I-797 notice from USCIS. It confirms the approval and sets out how long the status is valid and the conditions under which the applicant may work.

3. Visa interview: Once the petition is approved, the applicant has to book a visa interview at the US embassy or consulate in their home country. There they present their documents and pay the visa fee to receive the visa.

The prospective US employer is the official petitioner for the H-1B visa and first has to file a Labor Condition Application with the U.S. Department of Labor. Among other things, it confirms that the company will pay the future employee an appropriate wage and that hiring the foreign worker will not harm the working conditions of American employees (for example through layoffs).

As the final step, the future employee applies for the visa in person at an interview at the consulate. Bring the following documents:

• printed appointment confirmation

• copy of the I-797 Approval Notice

• letter from the US company confirming the position is still open

• printed confirmation page of your submitted DS-160 form

• proof of payment of the H-1B visa application fee

• passport valid for the entire length of your stay

• passport photo (color)

Processing time for an H-1B petition depends on the workload at USCIS and on other factors, such as how complex the case is and whether additional information or documents are needed.

As a rule, though, processing takes at least several weeks and can run to several months.

There are ways to speed things up, but they cost extra. Employers can, for example, request premium processing, which delivers a faster decision within 15 calendar days for an additional fee, currently $2,965 (as of 2026).

Start on your visa application early to avoid possible delays.

Yes, you can apply for a green card while working in the US on an H-1B visa. The H-1B is not a direct route to a green card, though: you have to file a separate green card application and meet the requirements of the category you choose.

Green card cases are handled by US Citizenship and Immigration Services (USCIS). There are several green card categories, including employment-based green cards for skilled workers and people with extraordinary ability.

If you have a job in the US and qualify in this category, you can apply for an employment-based green card.

The H-1B can be a stepping stone to a green card, because your time in the US may let you build the professional experience and qualifications you need to qualify.

H-1B costs depend on the size of the employer and the filing process. Figures are based on the USCIS fee schedule G-1055 as amended on May 29, 2026:

Lottery registration: $215

Electronic registration costs $215 per beneficiary. It is not refunded if the registration is not selected.

Base fee for Form I-129: $780

Small employers (up to 25 full-time employees) and nonprofits pay $460; on top comes the Asylum Program Fee of $600 (nonprofits $0, small employers $300).

ACWIA training fee: $750 or $1,500

Employers with up to 25 full-time employees pay $750, larger employers $1,500, unless an exemption under the H-1B Data Collection Supplement applies.

Fraud Prevention and Detection Fee: $500

Due with the first H-1B petition for a beneficiary and with every change of employer. The US employer pays this fee; it does not apply to H-1B1 petitions (Chile, Singapore).

Public Law 114-113 fee: $4,000

This fee only applies to US employers with 50 or more employees in the US, more than half of whom hold H-1B, L-1A or L-1B status. It is only due when the Fraud Prevention and Detection Fee is also payable. From September 9, 2026, covered employers will also owe it on every extension of status, even without a change of employer and regardless of the fraud prevention fee (final rule of August 10, 2026); nothing changes for initial petitions.

Premium Processing Fee (optional): $2,965

For guaranteed processing within 15 calendar days.

Visa Integrity Fee: at least $250

Since the budget law of July 4, 2025 (Public Law 119-21, § 100007, 8 U.S.C. 1806), an additional fee is due on the issuance of every nonimmigrant visa: at least $250, adjusted annually for the consumer price index. It cannot be waived and is charged per visa, so it also applies to accompanying family members on H-4.

The $100,000 fee from the presidential proclamation: currently not collected

A presidential proclamation from September 2025 requires a payment of $100,000 before filing new H-1B petitions; fee schedule G-1055 still lists it in the H-1B section. A federal court in Massachusetts set aside its implementation on June 8, 2026 (State of California v. Mullin, 1:25-cv-13829); on July 24, 2026, the First Circuit Court of Appeals denied the government's request to stay that ruling pending appeal. USCIS says it is complying with the court decision but intends to collect the payment again once the ruling is overturned. In addition, on August 25, 2026, the Department of Homeland Security published a proposed rule that would introduce a fee of $103,265 for all cap-subject H-1B petitions through regular rulemaking. So if you are planning an H-1B petition, expect a six-figure additional fee; whether it is actually charged at filing depends on where the court and rulemaking proceedings stand.

If the H-1B worker applies for family members (spouse or children under 21), additional fees are due for each family member.

There may also be costs for the medical exam, the FBI background check and other related expenses.

Keep in mind that these fees are set by the US immigration authorities and can change from time to time. The employer is normally responsible for the cost of the H-1B petition and related fees.

There are several alternatives to the H-1B, depending on your circumstances and requirements. Here are some of the options:

E visa: The E visa is a nonimmigrant visa for treaty traders and investors from certain countries. It lets you work in the US if you are active in certain lines of business, such as international trade.

L visa: The L visa lets companies transfer foreign employees from an office abroad to the US. The employee must have worked for the company's foreign office for at least 1 year within the last 3 years.

O visa: The O visa is a nonimmigrant visa for people with extraordinary ability in science, the arts, education, business or athletics. It lets them work in the US temporarily.

H-2B visa: The H-2B visa lets employers hire foreign workers temporarily in the US for seasonal or temporary non-agricultural work.

Each of these visas has its own requirements, and not every employee or employer qualifies for every one. That is why a personal consultation is often the best route, or simply unavoidable, to find out which visa gives you the best chance of success.

Mount Bonnell Advisors has many years of experience in this field. The overwhelming majority of our clients hold the visa they wanted after their very first application.

Get advice on your move to the USA now. Book a one-hour consultation here to get your detailed questions on moving formalities and US visas answered. For how the annual draw works in detail, read our article on the H-1B visa lottery; for everything else about moving to the USA, see our Moving to the US section.

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