H-1B Visa

About the H-1B Visa

The H-1B is a nonimmigrant visa category that allows U.S. employers to sponsor foreign workers in specialty occupations requiring at least a bachelor's degree or equivalent in a specific field. USCIS administers the program.

Congress sets the annual numerical cap at 65,000 visas for the regular quota and an additional 20,000 for petitioners holding a U.S. master's degree or higher. When petitions exceed the cap — as they have every recent fiscal year — USCIS conducts a computerised lottery (the Electronic Registration process, introduced FY 2021) to select which petitions may proceed.

Initial H-1B status is granted for three years and may be extended to a maximum of six years. Further extensions beyond six years are available for workers with approved employment-based immigrant visa petitions who face long waits due to per-country limits — a situation that disproportionately affects Indian and Chinese nationals.

Key facts

• Annual cap: 65,000 (regular) + 20,000 (U.S. master's exemption) per fiscal year (USCIS)
• Administered by: U.S. Citizenship and Immigration Services (USCIS)
• Employer-sponsored: the petitioning employer must file Form I-129 on behalf of the worker
• Initial validity: 3 years; maximum 6 years (with extensions available for certain pending immigrant petitions)
• Cap-subject registration period: typically opens in March for the following fiscal year (USCIS announcement)
• Cap-exempt employers include universities, non-profits affiliated with universities, and government research organisations