Complete Guide to H1B Visa Requirements in 2025-2026

Introduction: Why the H-1B Visa Defines America’s Skilled Immigration System

For decades, the H-1B visa has been the backbone of America’s high-skilled immigration system. Created under the Immigration Act of 1990 (Pub. L. 101-649), this category was designed to help U.S. employers recruit global talent in fields that require specialized theoretical and practical knowledge — ranging from engineering and computer science to finance, medicine, and higher education.

The H-1B visa is specifically intended for the temporary employment of foreign workers in specialty occupations, with positions that are time-bound to meet employers’ short-term needs for specialized skills.

But in 2025, two landmark policy changes redefined the H-1B landscape:

Presidential Proclamation (September 19, 2025) introduced a $100,000 one-time filing fee for all new petitions filed on or after September 21, 2025.
DHS’s Proposed Rule (September 24, 2025) launched a plan to modernize the H-1B lottery starting FY 2026, emphasizing transparency and fairness.
The H-1B visa application process is initiated by the employer, which includes an electronic registration and a lottery system if registrations exceed the cap.

These moves reflect the broader goals of the Trump administration to reduce “visa speculation,” prioritize “high-value job creation,” and tighten eligibility oversight.

This guide breaks down every key requirement, process, and reform — with official links, visuals, and expert insights.

1. Understanding the H-1B Visa Framework

The H-1B visa is governed by Section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (INA) and implemented through 8 C.F.R. § 214.2(h). The H-1B is a specialty occupation visa for highly skilled professionals, allowing U.S. employers to hire foreign workers for roles that require specialized knowledge or higher education.

It permits U.S. employers to temporarily employ foreign workers in specialty occupations — defined as positions requiring:

“Theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor’s or higher degree in the specific specialty.”

Key Characteristics

Employer-Sponsored: You cannot self-petition. A U.S. employer must offer you a job and sponsor your petition.
Nonimmigrant Visa: Granted for a temporary period (3+3 years).
Work Visa: The H-1B is a type of work visa for foreign nationals seeking employment in the U.S. Other work visas include the H-2A for agricultural workers and several additional employment-based visa categories.
Dual Intent: Allows the holder to seek permanent residency without losing status.
Annual Cap: 85,000 total (65,000 regular + 20,000 advanced degree).

Specialty Occupation Examples

Sector	Sample Positions
IT & Engineering	Software Developer, Systems Analyst, AI Engineer
Finance	Financial Analyst, Accountant
Healthcare	Physician, Physical Therapist
Education	Researcher, University Lecturer
Architecture & STEM	Civil Engineer, Data Scientist

Securing a qualifying job position is a key step in the H-1B process, as each job position must meet the specialty occupation criteria.

2. The 2025–2026 Policy Shifts You Must Know

A. Presidential Proclamation No. 10645 (September 2025)

In a move aimed at “restoring integrity” to the H-1B system, the White House announced a $100,000 filing fee applicable to all new petitions filed after September 21, 2025.

This $100,000 filing fee is separate from other required visa fees, which may include application and processing costs.

Official Source:White House Presidential Proclamation

Key Provisions

Applies only to new petitions (not renewals, amendments, or transfers).
A one-time fee, not recurring annually.
Fee is paid by employers — not the employee.
Aims to curb speculative or bulk filings by outsourcing firms.
In addition to the filing fee, a visa issuance fee may be required after visa approval, depending on the applicant’s nationality.

Impact Analysis

Small businesses and startups face higher barriers to hire foreign talent.
Large corporations may absorb costs but may reduce hiring volumes.
USCIS fee structure overhaul expected in FY 2026 to integrate fee accounting systems.

“The proclamation seeks to prioritize quality over quantity in visa sponsorships, ensuring only employers with genuine specialty needs participate.” — DHS Policy Brief, Sept 2025

B. DHS Proposed Rule (September 2025): Weighted H-1B Lottery Selection for FY 2026

In September 2025, the Department of Homeland Security (DHS) issued a proposed rule that could significantly reshape how the H-1B lottery operates beginning with Fiscal Year 2026.

The H-1B is one of several visa categories available for temporary workers in the United States. Selecting the correct visa category is essential for eligibility and compliance with U.S. immigration regulations.

The rule — titled “Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions” — marks a historic shift from a purely random lottery toward a merit-influenced selection model that rewards higher-skilled roles, U.S. degree holders, and stronger wage offers.

Official Source:Federal Register – Weighted Selection Process for Cap-Subject H-1B Petitions (Sept. 24, 2025)

Key Features of the Proposed 2026 Rule

1. Weighted Selection System Based on Merit Factors

For the first time, USCIS proposes to assign greater selection weight to registrations that demonstrate stronger economic or educational value to the United States. While all qualified registrants remain eligible, petitions that meet higher-value benchmarks would carry greater odds of selection.

Under the proposed weighting framework, DHS is considering giving preference to:

Advanced U.S. degree holders, especially in STEM fields (science, technology, engineering, and mathematics).
High-wage positions, where the offered salary exceeds the Level III or Level IV prevailing wage in the designated area.
Critical industry occupations, including emerging technology, cybersecurity, energy, and medical research roles.
Employers demonstrating strong compliance history and verified good standing with USCIS and the Department of Labor.

This marks a potential transition from a randomized draw to a tiered selection system, intended to attract and retain “the world’s best and brightest” in strategically valuable fields.

After registration, applicants will receive a receipt number from USCIS. This receipt number can be used to track the status of their application and is important for scheduling interviews.

2. Identity Verification and Anti-Fraud Safeguards

The proposal strengthens identity verification protocols, requiring that each registration include valid passport information, unique identifiers, and employer verification under the organizational accounts system.

These measures aim to reinforce program integrity, ensure data accuracy, and prevent abuse by shell companies or non-existent job offers.

3. Transparency and Public Reporting

To enhance accountability, DHS would be required to publish detailed lottery data annually, including:

The number of weighted vs. standard selections,
Employer size and wage tiers represented, and
Audits or disqualifications arising from compliance issues.

This commitment to transparency seeks to rebuild trust in the H-1B process and give stakeholders clear insight into how selections are made.

4. Implementation Timeline

If finalized, the new weighted system would debut in the FY 2026 H-1B cap season, with the registration period expected in March 2026.
DHS has stated it will provide transition guidance and technical system updates through myUSCIS well before the registration window opens.

Policy Rationale: From Random to Merit-Based

DHS explains that the weighted lottery advances four core goals:

Reward Skill and Education: Prioritize advanced degree holders and higher-wage positions that contribute to national competitiveness.
Reduce Abuse: Limit the incentive for low-wage or speculative filings that have historically crowded the lottery.
Promote Fairness: Maintain access for all qualified petitioners while rewarding bona fide job offers that are directly linked to the intended employment position the foreign worker will fill, ensuring each H-1B petition corresponds to a specific job role.
Align with U.S. Workforce Needs: Encourage employers to use the H-1B program for critical innovation and economic sectors.

This approach echoes long-standing bipartisan calls to reform the H-1B system to focus on quality rather than quantity.

Open Questions and Areas of Uncertainty

While the proposed rule has drawn praise for promoting fairness, several key questions remain:

Issue	Outstanding Concern
Weighting Criteria Definition	How will DHS numerically score factors like degree, salary level, or STEM specialization?
Impact on Non-STEM Fields	Will liberal arts or social science professionals face reduced odds of selection?
Effect on Small Employers	Could startups or nonprofits be disadvantaged compared to high-salary tech firms?
Administrative Feasibility	Can USCIS implement a merit-based model without slowing processing or increasing costs?
Legal Basis	Does DHS have sufficient statutory authority to alter selection weighting without congressional action?

Next Steps

The rule is currently open for public comment, with feedback invited from:

U.S. employers and industry associations,
Professional organizations (like SHRM, AILA, and IEEE-USA),
Universities and research institutions, and
Immigrant and civil rights advocates.

Once comments close, DHS will review submissions, finalize the regulation, and announce technical guidance.

What It Means for Employers and Workers

If implemented, the 2026 weighted lottery could substantially reshape filing strategies:

Employers will need to focus on salary levels, STEM job classification, and U.S. degree credentials to remain competitive.
Beneficiaries may be encouraged to pursue U.S. advanced degrees to enhance their chances under the weighted system.
Legal compliance and accuracy in registration data will become even more critical under heightened audit authority.

Only applicants with an approved petition from USCIS can proceed to the next steps, such as visa stamping, consular processing, or entering the U.S. as an H-1B worker.

H-1B Weighted Lottery Readiness Checklist (FY 2026)

Prepare now for DHS’s proposed “weighted” selection system coming in the FY 2026 cap season.

This checklist helps employers and applicants position themselves competitively under the new DHS proposal that favors higher-wage offers, advanced U.S. degrees, and critical-industry roles.

Review job offer details to ensure alignment with higher wage levels.
Confirm the beneficiary’s U.S. advanced degree status, if applicable.
Identify if the position qualifies as a critical-industry role.
Gather all required supporting documents, such as proof of employment, salary information, and official certifications, to accompany the H-1B petition.
Prepare internal processes for timely submission of all application materials.

1. Confirm Eligibility and Position Requirements

✅ Verify Specialty Occupation Criteria — Ensure the job requires at least a bachelor’s degree from an accredited college or university, or a foreign equivalent in a directly related field.
✅ Cross-Check O*NET and SOC Code — Align job description with a valid Standard Occupational Classification (SOC) code and O*NET listing showing degree-level entry requirements.
✅ Document Employer-Employee Relationship — Clarify control, supervision, and location if the worker is remote or third-party placed.

2. Strengthen Wage and Job Offer Data

💡 Benchmark Offered Salary — Compare against DOL Wage Data Search and aim for Level III or Level IV wages, which DHS may weigh more favorably.
💡 Include Clear Compensation Summary — Detail base pay, bonuses, benefits, and total package.
💡 Retain Proof of Funding & Payroll — Provide recent payroll records, tax IDs, and business existence documentation to reinforce a valid job offer that meets H-1B requirements.

3. Highlight Education and Credentials

🎓 Confirm Degree Equivalency — If you hold a foreign degree, use a credential evaluation to verify it is equivalent to a U.S. bachelor’s or higher degree.
🎓 Leverage Advanced U.S. Degrees — Graduates of U.S. master’s or Ph.D. programs, especially in STEM fields, should prepare to submit official transcripts and diplomas.
🎓 Emphasize STEM or Critical Industry Alignment — Identify whether the role falls within AI, cybersecurity, clean energy, healthcare, or advanced manufacturing sectors DHS may prioritize.

4. Prepare Organizational Compliance Records

📁 Maintain LCA and Public Access File (PAF) — File Labor Condition Application via FLAG Portal and ensure postings and wage attestations are current.
📁 Confirm DOL & USCIS Good Standing — Ensure prior filings show no unpaid wages, debarments, or fraud findings; DHS may use compliance history as a weighting factor.
📁 Audit Your Company’s FEIN and Legal Structure — Ensure EIN, business license, and corporate documents are up-to-date and match what will be submitted through myUSCIS.

5. Verify Identity and Passport Data

🪪 Check Validity of Beneficiary Passport — Must be valid through at least October 1, 2026.
🪪 Ensure Exact Match of Name & Date of Birth — Inconsistent identifiers can lead to registration rejection.
🪪 Upload Correct Digital Information — Prepare clean scans for identity verification under organizational accounts.

6. Monitor DHS and USCIS Announcements

🔔 Track the Federal Register Final Rule Publication — Follow the official Federal Register for updates on weighting criteria and implementation timeline.
🔔 Review USCIS Technical Guidance — Monitor USCIS H-1B Cap Season Updates for registration dates and new account requirements.
🔔 Submit Public Comments (if open) — Stakeholders can submit feedback before the final rule is published.

7. Build a 2026 Filing Timeline

Phase	Action Items	Target Date
Now	Wage benchmarking, degree evaluation, and role documentation	Q4 2025
Before Jan 2026	LCA prep, internal audit, finalize job offer details	Q1 2026
March 2026	Submit H-1B registration via myUSCIS	Registration Window
Apr–Jun 2026	File I-129 + Supporting Docs if Selected	90-Day Window
Oct 2026	Earliest H-1B Start Date	FY 2026 Start

8. Engage Experienced Immigration Counsel

⚖️ Strategize Early — Work with a seasoned attorney to structure offers that meet weighted selection factors.
⚖️ Avoid Common Errors — A single mismatch in name, FEIN, or SOC code can disqualify a registration.
⚖️ Plan for Alternatives — Explore cap-exempt, O-1, or L-1 options if lottery odds or costs limit eligibility.

3. H-1B Visa Eligibility Requirements

A. Employer Requirements

A US employer must:

Be a U.S. entity with an IRS Tax ID (EIN).
Offer a specialty occupation that requires a degree.
File a Labor Condition Application (LCA) with the Department of Labor (DOL), demonstrating the inability to find a qualified U.S. worker.
Pay all fees, including the new proclamation fee.
File the necessary petitions with US immigration authorities to sponsor the foreign worker.

📘 LCA Overview:DOL H-1B Program Requirements

B. Job Requirements (8 C.F.R. § 214.2(h)(4)(iii)(A))

The position must meet at least one of these four tests:

Bachelor’s or higher degree is the minimum entry requirement.
Degree is standard in the industry or job is unique/complex.
Employer normally requires a degree for the position.
Duties are specialized and require knowledge associated with a degree.

The H-1B program allows U.S. employers to employ foreign nationals in specialty occupations that require specific skills and qualifications.

Example: A Software Engineer requiring a BS in Computer Science clearly qualifies; however, a marketing associate role typically does not.

C. Employee (Beneficiary) Requirements

The foreign worker must:

Hold a U.S. or foreign equivalent bachelor’s or higher degree in the specialty. Holding a master’s degree from a U.S. institution or its equivalent can provide additional benefits, such as eligibility for the advanced degree exemption from the H-1B cap.
Have specialized training or experience equivalent to a degree (3 years = 1 year rule).
Hold any state license or certification required to perform the job. Certain types of jobs that require a state license must have that license before filing the H-1B visa petition.

📘 Degree Evaluation Guidance – For more information about working part-time on an H-1B visa. USCIS Adjudicator’s Field Manual, Ch. 32.3(b)(2)

D. Dual Intent and Green Card Pathway

Unlike F-1 or B-1/B-2 visas, H-1B status allows dual intent — you may apply for a green card (EB-2/EB-3) without abandoning H-1B status.

H-1B visa holders can transition from nonimmigrant status to an immigrant visa (green card) and may eventually pursue United States citizenship.

This makes H-1B an ideal bridge to long-term U.S. residency.

4. The H-1B Cap and Lottery Explained

A. Annual Cap Breakdown

65,000 Regular Cap (INA §214(g)(1)(A))
20,000 Master’s Cap (INA §214(g)(5)(C))
6,800 Set-Aside for Chile/Singapore (H-1B1)

Applications exceeding the cap trigger the randomized lottery selection.

The American Competitiveness in the Twenty-First Century Act (AC21) includes provisions that allow for H-1B extensions beyond the standard six-year limit under certain conditions.

📘 Cap Data:USCIS H-1B Employer Data Hub

B. Registration and Lottery Timeline (Current System)

March: Registration period opens (usually March 1–20).
April–June: Lottery results announced; 90-day filing window opens.
October 1: Earliest start date for selected petitions.

📘 myUSCIS Registration Portal: https://my.uscis.gov

C. Selection Rates and Trends

Fiscal Year	Registrations	Cap	Selection Rate
FY 2022	308,613	85,000	27%
FY 2023	483,927	85,000	18%
FY 2024	780,884	85,000	10%
FY 2025	470,000	85,000	18% (after fraud purge)

(Data: USCIS, 2025 H-1B Cap Season Report)

5. The Petition Filing Process: Step-by-Step

Once selected, employers file the H-1B Petition (Form I-129) with USCIS.

Step 1: File the Labor Condition Application (LCA)

File ETA Form 9035 with DOL, certifying:

Wages meet or exceed prevailing wage
Working conditions not adverse to U.S. workers
No strike or lockout at the job site
Notice of Posting: The employer must provide a Notice of Posting about the LCA to inform employees of the filing.

Wages meet or exceed prevailing wage
Working conditions not adverse to U.S. workers
No strike or lockout at the job site
Prevailing Wage Rate: The employer must provide a prevailing wage rate for the foreign worker if applicable.

📘 Submit via: FLAG Portal

Step 2: Submit Form I-129 to USCIS

Include:

Certified LCA
Worker’s credentials and evaluation
Detailed support letter describing job duties and specialty knowledge
Fee payments

📘 Instructions: USCIS Form I-129

Step 3: Consular Processing and Visa Stamping

For beneficiaries abroad:

Schedule a visa interview at a U.S. consulate.
Submit DS-160 + I-797 approval.
Present evidence of ties, education, and job offer.
Be prepared to provide evidence of strong ties to your home country, such as family, employment, or property, to demonstrate your intent to return after your stay.

📘 Consular Info:travel.state.gov

6. Wages, Compliance, and Employer Obligations

A. Prevailing Wage Requirement

Employers must pay the greater of:

Actual wage (paid to comparable workers), or
Prevailing wage (based on DOL data)

📘 Wage Database: https://www.flcdatacenter.com

Failure to comply can trigger back pay, debarment, or civil penalties.

B. Benching and Nonproductive Time

Under 20 C.F.R. § 655.731(c)(7), an H-1B worker cannot be unpaid or benched for lack of work.
If a worker is ready and available, wages must continue.

C. Recordkeeping and Public Access File (PAF)

Employers must maintain a Public Access File with:

Certified LCA
Wage determination
Summary of benefits
Posting notices

Audits may be conducted by the DOL Wage and Hour Division (WHD).

7. Duration, Extensions, and Portability

Initial Stay: 3 years
Maximum: 6 years (INA §214(g)(4))
AC21 Extensions: If PERM/I-140 pending ≥365 days, can extend beyond 6 years.

If an H-1B holder’s multiple entry visa is voided due to being out of status, it cannot be used for future entries into the United States.

📘 USCIS Policy Manual, Vol. 2, Pt. M, Ch. 5: View Here

H-1B Portability (AC21 §105)

You can start work with a new employer upon filing, without waiting for approval, provided:

New job is in a same or similar occupation, and
The petition is non-frivolous and filed timely.

8. Cap-Exempt Employers

Exempt from the annual lottery:

Universities/colleges
Nonprofits affiliated with higher-ed institutions
Government research organizations (including those involved in research and development projects for the Department of Defense)
Other government positions related to research and development
Nonprofit research organizations

📘 Definition:8 C.F.R. § 214.2(h)(8)(ii)(F)

These employers can file year-round without lottery competition.

9. Graphs and Visuals

Comprehensive H-1B Visa FAQs (2025–2026 Edition)

What is an H-1B visa?

The H-1B is a U.S. nonimmigrant visa that allows employers to temporarily hire foreign workers in specialty occupations that require a bachelor’s degree or higher. These jobs must involve theoretical or practical application of specialized knowledge. As a visa holder, you have the right to work for your sponsoring employer, may bring eligible dependents, and must comply with all U.S. immigration laws and procedures.

Who qualifies for an H-1B visa?

You must have a U.S. or equivalent foreign bachelor’s degree in a specialty field, or equivalent work experience (typically three years of professional experience equals one year of college). The job offered must require such a degree as a minimum. For certain specialized visa categories, such as fashion models, you must demonstrate distinguished merit and ability in your field.

What makes a job a “specialty occupation”?

A job qualifies as a specialty occupation if it requires:

A bachelor’s degree or higher as a minimum entry requirement;
Industry norms showing that such a degree is standard; or
Highly specialized duties that can only be performed by a degreed professional.

Who can sponsor an H-1B worker?

Any U.S. employer with a valid IRS Tax ID number may sponsor a qualified foreign professional, provided they file a Labor Condition Application (LCA) and pay all required government filing fees.

What did the September 2025 Presidential Proclamation change?

The proclamation introduced a $100,000 one-time filing fee for all new H-1B petitionsfiled on or after September 21, 2025. It does not apply to existing H-1B holders filing for extensions, amendments, or transfers.

Why did the government introduce a $100,000 fee for H-1B visas?

The administration stated the new fee aims to reduce speculative filings, prioritize genuine, high-value employment, and protect U.S. workers. It is intended to discourage mass filings by staffing or outsourcing firms.

Who is responsible for paying the new $100,000 fee?

Only the employer is allowed to pay. Federal law prohibits passing H-1B petition fees onto the employee.

Is the $100,000 H-1B fee a recurring cost?

No. It is a one-time charge per new petition. Once an H-1B is approved, future extensions or changes of employer are not subject to this new proclamation fee.

Does the new $100,000 filing fee apply to cap-exempt employers?

No. Universities, nonprofit research organizations, and government research institutions that are cap-exempt remain exempt from both the annual lottery and the new $100,000 filing fee. If you are working on research and development projects for the Department of Defense or similar government agencies, you may also qualify for cap-exempt status.

How long does the H-1B visa last?

An H-1B is initially valid for three years and can typically be extended for a total of six years. Beyond six years, extensions are possible if a PERM labor certification or I-140 immigrant petition has been pending at least 365 days.

What is the H-1B visa cap?

The H-1B category has an annual limit of 85,000 visas, including:

65,000 under the regular cap; and
20,000 reserved for workers with a U.S. master’s degree or higher.

What is the H-1B lottery and why does it exist?

Because annual demand exceeds supply, USCIS uses a computerized random selection process (lottery) to choose which petitions can proceed for adjudication under the cap.

When does the H-1B lottery registration open each year?

Typically in March, employers register online through the myUSCIS system. Selected registrants then have 90 days to file the full petition.

How is the 2026 lottery expected to change? For those interested in H1B opportunities, it’s crucial to find verified H1B visa sponsors and stay updated on any changes.

Under DHS’s proposed modernization rule (Sept 2025), the lottery would shift from employer-based to beneficiary-based selection — ensuring that each worker can only be entered once, regardless of how many employers submit registrations.

Why is DHS proposing to modernize the H-1B lottery?

The agency seeks to curb fraud and duplicate entries, promote fairness, and enhance transparency. The beneficiary-based model prevents manipulation by affiliated entities submitting multiple entries for the same individual.

What else changes under the proposed 2026 H-1B rule?

Registrations must include valid passport numbers for identity verification.
The system may prioritize U.S. STEM master’s and Ph.D. graduates.
USCIS will publish audit data to ensure accountability.

These provisions are still proposed, pending public comments and finalization.

When will the new lottery rules take effect?

If finalized, they will apply starting with the Fiscal Year 2026 H-1B cap season (registration expected March 2026 for jobs beginning October 1, 2026).

How many times can I enter the H-1B lottery?

You may enter once per fiscal year. Under the proposed beneficiary-based system, duplicate entries will be automatically rejected.

How competitive is the H-1B lottery?

In FY 2025, USCIS received about 470,000 registrations for 85,000 slots — roughly an 18% selection rate. The rate may improve slightly after duplicate filtering under the new rules.

What happens if my registration isn’t selected?

You must wait for the next fiscal year’s lottery, unless your employer qualifies as cap-exempt, allowing filing at any time.

What is a cap-exempt H-1B employer?

Cap-exempt entities include:

U.S. colleges and universities,
Nonprofits affiliated with such institutions, and
Government or nonprofit research organizations.

They can file H-1B petitions anytime, bypassing the lottery.

What is the prevailing wage requirement?

Employers must pay at least the higher of:

The actual wage paid to similarly qualified workers, or
The prevailing wage for that occupation and location. This protects U.S. workers from wage undercutting.

Can work experience substitute for a degree? If you are also wondering about other complex immigration issues, it’s important to stay informed about the potential consequences and procedures.

Yes. USCIS allows equivalency based on specialized training and professional experience. Three years of experience generally equal one academic year.

What documents are needed to prove degree equivalency?

A credentials evaluation by a qualified academic or professional authority must show that your education and experience together equal a U.S. bachelor’s degree in the specialty.

Can an H-1B employee work for multiple employers?

Yes, but each employer must file a separate H-1B petition. Authorization from one employer does not extend to another.

Can H-1B workers be self-employed?

Not typically. USCIS requires a valid employer-employee relationship, meaning the employer must have the right to hire, pay, supervise, and fire the worker.

Can an H-1B worker change employers?

Yes. Under the AC21 portability rule, you may begin working for a new employer as soon as they file a new H-1B petition, without waiting for approval.

What happens if I lose my H-1B job?

You have a 60-day grace period (or until your I-94 expires, whichever is shorter) to:

Find a new H-1B employer,
File a change of status, or
Depart the United States.

Can I travel abroad on H-1B status?

Yes, as long as you hold a valid H-1B visa stamp and I-797 approval notice. Upon return, you must continue working for your sponsoring employer.

Can my spouse and children accompany me? For more information on related visa requirements, including understanding H1B prevailing wage requirements, visit our guide.

Yes. Dependents may enter under H-4 status. H-4 status is available to your spouse and unmarried children under 21. Certain H-4 spouses (with approved I-140 petitions) may apply for work authorization (EAD).

Is the H-1B a dual-intent visa?

Yes. You can pursue permanent residency while maintaining H-1B status. Filing a green card application does not affect your H-1B.

How does the H-1B lead to a green card?

Many employers sponsor H-1B holders for EB-2 or EB-3 immigrant visas through PERM labor certification and Form I-140.

Can I extend my H-1B beyond six years?

Yes. You may extend in one-year increments if a green card process (PERM or I-140) has been pending for 365+ days, or in three-year increments if your I-140 is approved but visa numbers are backlogged.

Can H-1B status be revoked?

Yes. USCIS may revoke if the employer withdraws the petition, if the job ends, or if compliance violations occur. Employers must notify USCIS of terminations.

What are the penalties for employer violations?

Employers who underpay wages, bench workers, or commit fraud may face civil fines, back pay orders, or debarment from future filings.

Can premium processing be used for H-1B petitions?

Yes. Employers may pay an additional $2,805 fee for USCIS to issue a decision within 15 calendar days.

Can an H-1B worker study part-time in the U.S.?

Yes, as long as full-time employment with the sponsoring employer continues and the program does not interfere with job duties.

What if I work for a cap-exempt employer and move to a cap-subject employer?

You must enter the H-1B lottery to transition into cap-subject employment, unless another exemption applies.

Can an H-1B visa be transferred abroad?

No. The H-1B is tied to U.S. employment. If you move abroad, the visa becomes inactive until you reenter for U.S. work.

What if the H-1B lottery system is delayed or suspended?

If the lottery is postponed due to regulatory review or litigation, USCIS will issue a public notice with revised timelines.

Does the 2025 proclamation affect dependents or renewals?

No. The $100,000 filing fee only applies to new initial petitions for H-1B principal workers. Dependents (H-4) and existing renewals are unaffected.

What steps should employers take now?

Employers should:

Budget for the new filing fee (if applicable).
Audit eligibility under specialty occupation criteria.
Track DHS updates for the 2026 lottery reform.
Consult legal counsel for strategy on timing and compliance.

Will the $100,000 fee reduce H-1B filings?

Yes, projections show a 40–50% decline in new filings post-implementation, especially from smaller consulting and outsourcing firms. However, demand for top STEM roles remains strong.

Where can I find official H-1B policy updates?

Official sources include:

USCIS for visa procedures;
Department of Labor for wage data;
Federal Register for rulemaking; and
White House Briefing Room for proclamations.

What should I do if my H-1B petition is denied?

Options include:

Filing a motion to reopen or reconsider,
Submitting a new petition, or
Exploring alternative visas such as L-1, O-1, or TN. You may also file an appeal with the Administrative Appeals Office (AAO) within the U.S. Department of Homeland Security, which reviews administrative appeals related to immigration decisions.

Are there additional fees after H-1B approval?

Yes. After your H-1B petition is approved, you may be required to pay a visa issuance fee before your visa is stamped and your passport is returned. The visa issuance fee varies by nationality.

Where are H-1B petitions processed?

H-1B petitions are processed at various USCIS service centers. For certain cases, such as reopening H-1B petitions for market research analysts under a settlement agreement, Form I-290B may need to be filed with the Nebraska Service Center.

Why consult an attorney for H-1B filing?

Because of the 2025 fee, 2026 lottery reforms, and strict adjudication standards, legal guidance ensures eligibility analysis, document accuracy, and compliance with the latest DHS policies.

Talk to a Trusted Immigration Attorney Who Understands the New H-1B Landscape

The H-1B visa landscape has shifted dramatically. Between the September 2025 Presidential Proclamation imposing a $100,000 filing fee and the proposed 2026 DHS lottery modernization rule, employers and skilled professionals now face an unprecedented level of complexity, cost, and compliance risk.

Whether you are preparing your first H-1B petition, exploring cap-exempt opportunities, or rethinking your strategy after these sweeping changes, one thing is clear: you cannot afford to go it alone.

That’s why so many turn to Attorney Richard T. Herman — a nationally recognized immigration lawyer with over 30 years of experience, and a passionate advocate for immigrant talent and innovation.

Richard is the co-author of the nationally acclaimed book Immigrant, Inc.: Why Immigrant Entrepreneurs Are Driving the New Economy (and How They Will Save the American Worker) — a powerful testament to how welcoming global talent fuels U.S. prosperity. As a media commentator and policy advocate, he has spent his career amplifying the economic and community impact of immigrants and helping professionals achieve the American dream.

With Herman Legal Group, you gain:

Personalized H-1B strategy tailored to your goals and industry;
Expert legal navigation of the $100,000 fee, cap exemptions, and new lottery rules;
Compliance and audit protection with USCIS and the Department of Labor; and
A visionary legal team that merges deep immigration knowledge with real-world business insight.

In this new era of rapid rule changes, rising costs, and unpredictable enforcement, experience matters more than ever. Let Attorney Richard T. Herman help you turn uncertainty into opportunity — and protect your pathway to live and work in America.

📞 Call now: 1-216-696-6170
💻 Book your confidential consultation: LawFirm4Immigrants.com/book-consultation

Consultations available nationwide via Zoom, Skype, WhatsApp, or in-office.

If you have questions about your H-1B, the new $100,000 filing fee, or the 2026 lottery reform, don’t wait — talk to a lawyer who has spent three decades at the forefront of U.S. immigration law and built a career advocating for the promise of immigrant talent.

More H1B Resources From Herman Legal Group

Our Clients Success Stories

U.S. Government Resources on the H-1B Visa (2025–2026 Updates)

1. U.S. Citizenship and Immigration Services (USCIS)

H-1B Specialty Occupations Overview – The primary USCIS hub for eligibility, specialty occupation definitions, and filing requirements.
Electronic H-1B Registration Process – Step-by-step explanation of how employers register for the H-1B lottery and how the beneficiary-based selection system is expected to work in FY 2026.
USCIS H-1B Cap Season Updates – Current year deadlines, filing windows, and selection notices.
Policy Manual, Volume 2, Part H – Binding policy guidance used by USCIS adjudicators for H-1B petitions and extensions.
H-1B FY 2026 Lottery Completion Notice – Explains the selection process and timing for filing petitions post-lottery.
H-1B FAQs – USCIS clarifications, including details on the September 2025 $100,000 filing fee proclamation.
myUSCIS Portal – Employer registration and case-status tracking platform.

Note: The H-1B process is overseen by several United States Department agencies, including the United States Department of Labor (DOL), United States Department of State (DOS), and United States Department of Homeland Security (DHS), each playing a key role in regulating, approving, and monitoring visa applications and compliance.

2. Presidential and Regulatory Announcements (2025–2026)

Presidential Proclamation 10645 – September 19, 2025 – Establishes the $100,000 filing fee for new H-1B petitions filed after September 21, 2025.
White House Fact Sheet on H-1B Proclamation – Provides policy background and intended economic rationale for the fee.
U.S. Department of State Guidance on the Proclamation – Clarifies scope and effective date for consular visa applicants.
Federal Register – DHS Proposed Rule: H-1B Lottery Modernization (Sept 24, 2025) – Details the planned shift to beneficiary-based selection, passport verification, and enhanced fraud controls for FY 2026.
DHS Final Rule (Dec 2024) – Modernizing H-1B & F-1 Flexibility – The foundational modernization rule leading up to the 2026 proposal.

3. Department of Labor (DOL)

H-1B Program Requirements (WHD) – Official overview of employer obligations, wage protections, and benching prohibitions.
H-1B / H-1B1 / E-3 Program Page (ETA) – Links to regulations and guidance for labor condition applications.
FLAG Portal – LCA Filing (ETA 9035) – Online platform for submitting Labor Condition Applications.
Wage Data Search Tool – Determine prevailing wage by occupation (SOC Code) and geographic area.
Prevailing Wage Guidance – Explains Level I–IV wage structures and safe-harbor practices.

4. U.S. Department of State (Consular Processing)

Temporary Worker Visas Overview – Requirements for H-1B, H-1B1, and E-3 visa issuance.
U.S. Visas Portal – Appointment scheduling, document checklists, and consular policy updates.
Worker Rights & Protections Notice – Rights and resources for all nonimmigrant workers.
Visa Bulletin – Track priority-date movements for H-1B holders pursuing employment-based green cards (EB-2 / EB-3).

5. Customs and Border Protection (CBP)

Official I-94 Website – Retrieve and print I-94 arrival/departure records.
I-94 Program Page – Explains how entry records are created and updated.
Port of Entry Locator – Find airport or land-border locations for admission questions.

6. Data, Reports, and Insights

USCIS H-1B Characteristics Report FY 2024 – Annual data on approvals, occupations, and average salaries.
H-1B Employer Data Hub – Search approvals and denial statistics by company.

7. Forms and Filing Logistics

Form I-129 – Petition for a Nonimmigrant Worker – The primary petition form for H-1B sponsorship.
I-129 Instructions (PDF) – Fee breakdown, evidence checklist, and completion guidance.
Filing Addresses for Form I-129 – Routing details for service centers and lockboxes.

8. Professional & Educational Associations

American Immigration Lawyers Association (AILA) – Client flyers, compliance tips, and updates on FY 2026 lottery implementation.
Society for Human Resource Management (SHRM) – Employer compliance and cap-season preparation guides.
NAFSA – Association of International Educators – Guidance for universities and research institutions filing academic H-1Bs.
IEEE-USA Policy on H-1B Reform – STEM professional association perspective on the 2025 $100,000 fee.

How to Use This Library

Start with USCIS H-1B Specialty Occupations for baseline eligibility.
Review White House Proclamation 10645 and the Federal Register 2026 Lottery Rule for the latest policy changes.
Use FLAG Portal and Wage Data Search to prepare your LCA.
Reference DOS Temporary Worker Visas for consular steps.
Track data via H-1B Employer Data Hub and policy alerts.

Success Stories

A Step-By-Step Guide To H1B Visa Requirements

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