US H-1B work visa basics
An employer-sponsored work visa
The H-1B lets a US employer hire a foreign worker in a 'specialty occupation'. You cannot self-petition — a US employer files the petition for you. The role normally requires at least a bachelor's degree (or equivalent) in a specific field, and your qualifications need to match that field.
The cap and the registration lottery
Most H-1B petitions are subject to an annual numerical cap. Because demand usually exceeds the cap, employers first submit an electronic registration, and a lottery selects who may file a full petition. Being selected is a chance to file; it is not the visa itself, and not everyone who wants an H-1B is selected.
Cap-exempt situations
Some employers — such as certain universities, affiliated nonprofits and research organisations — are cap-exempt, so those H-1Bs are not part of the lottery. If your prospective employer is cap-exempt, the timing and process can be quite different from the standard cap-subject route.
After selection: petition and status
If selected, the employer files the petition with the required evidence, including a certified Labor Condition Application. If approved, you either change status in the US or apply for the visa at a consulate abroad. H-1B is a temporary status with a maximum period, though extensions and other steps may be possible depending on your situation.
Common questions
- Can I apply for an H-1B myself?
- No. An H-1B requires a US employer to file the petition. You cannot self-petition on this category.
- Does the lottery guarantee a visa?
- No. Selection only lets the employer file a full petition; the petition must still be approved, and status or a visa obtained.
- What if I'm not selected in the lottery?
- People often consider cap-exempt employers, other visa categories, or trying again in a future cycle. The right option depends on your circumstances.
H-1B eligibility turns on the job and your degree. Tell the assistant the details for a plain-language check.
This guide is general information about the US H-1B and is not immigration advice. Caps, timing and rules change; confirm current requirements on the USCIS website (uscis.gov) or with a licensed US immigration attorney.