H-1B Specialty Occupation Visas

The H-1B is a nonimmigrant work visa that allows U.S. employers to hire foreign workers in specialty occupations — positions that require at least a bachelor's degree or equivalent in a specific field. It is the most widely used work visa for professionals in technology, engineering, finance, healthcare, and other specialty fields.

H-1B visas are initially granted for up to three years and can be extended for a total of six years. Extensions beyond six years are available in certain circumstances, particularly when an employer has initiated the green card process on the worker's behalf.

The annual H-1B cap is set at 85,000 visas — 65,000 under the regular cap plus 20,000 reserved for beneficiaries with U.S. advanced degrees. Because demand consistently exceeds supply, USCIS conducts an electronic registration and selection process each spring.

USCIS uses a beneficiary-centric, wage-weighted selection system that considers the offered wage level when selecting registrations. Cap registration dates, selection timelines, and filing windows are announced by USCIS each fiscal year. Contact our office for the current status of the H-1B cap cycle.

H-1B workers can change employers through the H-1B transfer process. Under portability provisions, the worker can begin employment with the new employer as soon as USCIS receives the new petition, without waiting for approval.

H-1B transfers are not subject to the annual cap, which means they can be filed at any time of year. For workers in the 60-day grace period following termination, prompt action is critical to preserve status and work authorization.

H-1B extensions allow workers to continue employment beyond the initial validity period, up to the six-year maximum. Extensions beyond six years are available under AC21 provisions when the employer has filed a PERM labor certification at least 365 days before the six-year limit or has an approved I-140 immigrant petition.

H-1B amendments are required when there is a material change in the terms of employment, such as a change in worksite location, job duties, or salary. Timely filing of amendments helps maintain compliance and avoid potential issues with USCIS.

Certain employers are exempt from the annual H-1B cap, including institutions of higher education, nonprofit research organizations affiliated with institutions of higher education, and government research organizations. Workers who have previously been counted against the cap within the past six years are also generally cap-exempt when changing employers.