Key Takeaways
- An H-1B requires a job that needs at least a bachelor's degree in a related field, or equivalent experience, and lasts up to six years in two three-year periods.
- Congress caps new H-1Bs at 65,000 a year plus 20,000 for U.S. master's graduates, and since FY2027 selection is weighted toward higher wage levels rather than purely random.
- A 2025 proclamation added a $100,000 payment for certain new H-1B petitions; courts have reached conflicting rulings, so employers should confirm its status before filing.
The H-1B is the best-known U.S. work visa for professionals, and demand far exceeds the supply. Who qualifies, how long does it last, and how does a company even get a chance to file?
In this TalksOnLaw Brief, Joel Cohen talks with Maggie Murphy and Amy Lighter, then immigration attorneys at the firm BAL (Berry Appleman & Leiden), about the basics of the H-1B visa and how employers prepare for cap season.
What Makes a Specialty Occupation
Murphy explains that the H-1B is for professionals in specialty occupations, meaning jobs that require at least a bachelor's degree, whether earned in the U.S. or abroad. Lighter adds that the degree must match the role: an English or dance degree would not ordinarily qualify someone for a programming job. Candidates without a matching degree may still qualify through experience, generally three years of progressively relevant work for each year of missing university study, and credential evaluation services can assess whether a combination of education, training, and certifications equals the required degree. Teaching yourself online is usually not enough.
Duration and the Annual Cap
An H-1B is granted for an initial three years and can be extended for another three, for six years in total. Congress allots 65,000 regular H-1B numbers each fiscal year, plus 20,000 more for people with U.S. master's degrees or higher. The numbers become available on October 1, and petitions may be filed six months earlier, starting April 1.
Registration and Selection
Because applicants have far outnumbered slots, often two or three to one, employers first register candidates in a short March window, 18 days for fiscal year 2023, and USCIS selects among them. The guests describe a random lottery and note that ranking proposals based on education or wage had been floated. Advanced-degree holders get two chances, and their advice is to start planning in November or December so nothing is missing by March.
What to Know Now
The core requirements are unchanged, but selection has changed significantly. Since FY2025, USCIS selects by unique beneficiary, so multiple registrations no longer improve a person's odds. The regular cap is selected first from all registrations, with remaining U.S. master's holders then entered for the 20,000 additional numbers. A January 2025 rule clarified that a degree must be directly related to the job's duties. Most significantly, the wage-based ranking the guests mentioned arrived: a December 2025 final rule weights entries by prevailing wage level, from one entry at Level I to four at Level IV, starting with the FY2027 season. A September 2025 proclamation also required a $100,000 payment for certain new H-1B petitions, mainly for workers outside the U.S., and was extended in September 2026. Courts have split: a federal court in Washington, D.C. upheld it in December 2025, and that ruling is on appeal; a federal court in Massachusetts vacated it in June 2026, and the First Circuit declined to reinstate the fee while the government appeals; and in September 2026 a federal court in California blocked enforcement of both the original proclamation and its extension. Litigation continues. DHS has also proposed a separate fee of over $100,000 for cap-subject petitions, and the Labor Department has proposed raising prevailing wage levels. Employers should check the current rules before each season.
