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 Transfers
Already in H-1B status and changing employers? No cap, no lottery — a change of employer petition, and the worker can start on the filing receipt.
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, 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.
Service Area and Replies
Service-area firm based in Menlo Park, CA — replies in writing, cases handled throughout the U.S. because immigration is federal.
Cities served include San Francisco, San Jose, Santa Clara, Milpitas, Fremont, and Cupertino.
Send an inquiry through the single contact form. No phone number and no street address are published on this site.
General information, not legal advice. Requirements and processing change; we confirm current rules for your case.