Step 1: Registration and the lottery
The H-1B is a cap-subject specialty-occupation visa, and demand far exceeds the 85,000 annual slots (65,000 regular plus 20,000 for US master's-degree holders). Each spring, employers electronically register prospective workers with USCIS during a short window in March and pay a registration fee per candidate.
USCIS then runs a random selection (the H-1B lottery). Recent years use a beneficiary-centric selection so each person is entered once regardless of how many employers register them, which reduces gaming of the system. Only selected registrations may move forward to a full petition.
Step 2: The LCA and the I-129 petition
Before filing the petition, the employer must obtain a certified Labor Condition Application (LCA) from the Department of Labor, attesting that it will pay at least the prevailing or actual wage and meet working-condition rules. The LCA protects both the H-1B worker and US workers.
With the certified LCA, the employer files Form I-129 (Petition for a Nonimmigrant Worker) with supporting evidence: the job is a specialty occupation, the worker holds the required degree, and the wage is proper. Employers can pay for premium processing (about $2,805) to get a decision within 15 business days.
Step 3: After approval — stamping or change of status
What happens next depends on where the worker is. A worker abroad takes the approved petition to a US embassy, completes the DS-160, and attends a visa interview to get the H-1B stamp before traveling. A worker already in the US in another valid status (for example, an F-1 student on OPT) can have the petition request a change of status so they begin H-1B work without leaving the country.
For cap-subject petitions, the earliest H-1B start date is October 1, the first day of the federal fiscal year. F-1 students often rely on cap-gap protection to bridge the period between OPT expiry and the October start.
Cap-exempt employers, extensions, and transfers
Some employers are cap-exempt — universities and their affiliated nonprofits, nonprofit research organizations, and government research organizations — and can file H-1B petitions any time of year without the lottery. This is a common path for academic and research roles.
H-1B status is initially granted for up to three years and can be extended to a total of six (longer if a green card process is well underway). Workers can also change employers through an H-1B transfer petition, and thanks to portability rules can often start with the new employer once the transfer is properly filed.
Related Questions
When is the H-1B lottery in 2026?
Employers register candidates electronically during a window in March, and USCIS runs the random selection shortly after. Selected registrations can then file petitions, with cap-subject employment starting October 1.
What is the H-1B cap?
There are 85,000 cap-subject H-1B slots per year — 65,000 regular plus 20,000 reserved for holders of US master's degrees or higher. Cap-exempt employers are not limited by it.
What is an LCA?
The Labor Condition Application is a Department of Labor filing where the employer attests it will pay the required wage and meet working conditions. A certified LCA is required before filing the I-129 petition.
How long can I stay on an H-1B?
H-1B status is granted in increments up to three years, to a maximum of six years — with extensions beyond six possible when a green card case is sufficiently advanced.
Can I change employers on an H-1B?
Yes. A new employer files an H-1B transfer petition, and under portability rules you can usually begin working for them once the petition is properly filed, without re-entering the lottery.
Official Sources
- USCIS – H-1B Specialty Occupations
- USCIS – H-1B Electronic Registration Process
- US Dept. of Labor – Labor Condition Application
This guide is general information, not legal advice. Fees and processing times change; always confirm with the official government source before acting.