The H-1B is the primary work visa for foreign nationals in specialty occupations requiring a bachelor's degree or higher. It is employer-sponsored, subject to an annual cap of 85,000, and selected through a lottery each March. It is also the most common bridge to an employment-based green card for skilled workers.
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The H-1B nonimmigrant visa allows US employers to temporarily employ foreign workers in specialty occupations — roles that require at least a bachelor's degree or its equivalent in a specific field. It is the most common work visa for skilled foreign nationals and the primary entry point into employment-based permanent residency. The H-1B is subject to an annual numerical cap of 85,000 visas, allocated through a random lottery each March. Cap-exempt employers — including universities, nonprofit research organizations, and government research institutions — may file at any time without going through the lottery. The visa is employer-specific and nonimmigrant by structure, but is dual-intent, meaning holders may simultaneously pursue a green card without abandoning their temporary status. See the official USCIS H-1B guidance for current requirements.
The H-1B lottery is an annual random selection process held each March. Employers register each beneficiary through the USCIS online system ($215 per registration). USCIS runs two selections: first for the general 65,000 cap, then for an additional 20,000 reserved for US master's degree holders. Selected registrants are notified in late March or April and may then file the full I-129. See USCIS H-1B guidance.
A specialty occupation requires at least a bachelor's degree (or equivalent) in a specific field directly related to the job duties. USCIS uses a four-part test — the most common prong being that a degree in a specific specialty is the normal minimum for the position. Common qualifying fields include software engineering, finance, accounting, architecture, medicine, law, and engineering. Broadly defined roles that accept any bachelor's degree are increasingly challenged by USCIS.
Yes — H-1B is dual-intent, meaning holders may pursue permanent residency without jeopardizing their nonimmigrant status. Most H-1B holders pursue employer-sponsored EB-2 or EB-3 green cards via PERM labor certification. An approved I-140 enables H-1B extensions beyond the 6-year cap in 1-year or 3-year increments under AC21 §104(c) — critical for Indian and Chinese nationals facing long priority date waits.
H-1B is employer-specific — the new employer must file a new I-129 before the worker begins employment. Under H-1B portability (AC21 §105), if the worker has been in H-1B status for 1+ year and the new I-129 is filed before the current status expires, the worker may begin working immediately upon filing — without waiting for USCIS approval. Premium processing is strongly recommended to minimize risk.