What Is H-1B Visa? Simple Guide to Rules, Lottery, Cap, and Work Rights

The H-1B visa lets U.S. firms hire skilled foreign workers. It is a non-immigrant work visa. It covers “specialty occupations” that need a degree. It is used across tech, health, and research. This explainer answers what is H-1B visa, how it works, and why it matters now.

The program runs on a yearly cap. It uses a lottery when demand is high. Rules sit with U.S. Citizenship and Immigration Services. Pay and job terms follow labor law. According to Reuters and AP, demand often exceeds supply each spring.

What Is H-1B Visa: Key Facts, Cap, Salary Rules, and Timeline

The H-1B is for specialty jobs. The worker needs at least a bachelor’s degree or the set equivalent. The employer must sponsor the role. The visa is “dual intent,” so a green card path is allowed.

The stay starts at up to three years. It can extend to a max of six years. Extra time may be possible during a green card process. Spouses and kids may enter on H-4. Some H-4 spouses may work in set cases.

   

The annual cap is 65,000. There are 20,000 extra slots for U.S. master’s degrees. Many universities and nonprofit research groups are cap-exempt. That helps labs and hospitals hire year-round.

Employers must file a Labor Condition Application. Wages must meet or beat the local rate. Conditions must match U.S. workers. The Department of Labor oversees these pay rules.

The cycle is steady each year. USCIS opens registrations in March. A lottery follows if demand is high. Selected employers then file full petitions. Most H-1B start dates fall on October 1. BBC and the Associated Press have noted the rush this creates for tech and health jobs.

How the H-1B Lottery and Compliance Work

Step one is the online registration. The employer enters basic details. A fee applies per candidate. If chosen, the employer files Form I-129 with proof.

Step two is wage and role checks. The LCA names the pay level and place of work. It also covers notice rules. Records must be ready for review.

Job changes can trigger filings. A new city may need a new LCA. A new employer needs a fresh petition. If a job ends, the worker gets a short grace period. That time allows a transfer or exit.

Enforcement exists. Agencies can audit files. Firms can face fines for abuse. AP and Reuters reports show the system is strict, yet demand stays strong.

Bottom line: the H-1B visa helps fill skilled roles in the U.S. It has firm caps and clear checks. It supports talent and also protects wages.

Use care with filings. Follow the steps, timelines, and pay rules. Ask a licensed attorney for case-specific advice.

FYI (keeping you in the loop)-

Q1: What is H-1B visa in simple terms?

It is a U.S. work visa for skilled roles. A U.S. firm sponsors you. The job must need a degree or its set equivalent.

Q2: How many H-1B visas are issued each year?

There are 65,000 regular slots. There are 20,000 extra for U.S. master’s degrees. Some employers are cap-exempt.

Q3: How long does H-1B status last?

It starts at up to three years. It can extend to six years. Extra time may be possible during a green card process.

Q4: Who checks wages and job terms?

The Department of Labor certifies the LCA. USCIS reviews the petition. Pay must meet the local rate rules.

Q5: When is the H-1B lottery?

Registrations open in March most years. The fiscal start is October 1. Exact dates are set by USCIS each cycle.

Trusted Sources

Reuters; Associated Press; BBC; U.S. Citizenship and Immigration Services guidance; U.S. Department of Labor materials.

Disclaimer: This is general information and not legal advice. Policies can change. For personal guidance, consult a licensed immigration attorney.

Sources: Reuters; Associated Press; BBC; USCIS policy pages; U.S. Department of Labor briefings.