概述
The H-1B is the principal employer-sponsored work visa for jobs that require at least a bachelor's degree (or its equivalent) in a specific specialty. It is the workhorse of U.S. employment-based immigration: most large technology, finance, healthcare, and research employers hire on H-1B at scale, and many green-card paths begin with H-1B status. The visa is granted in three-year increments and can be extended to six years total, with further extensions available when an employment-based green-card process is sufficiently advanced.
The H-1B is subject to an annual numerical cap of 65,000 visas plus an additional 20,000 reserved for U.S.-conferred master's-degree holders. Demand has exceeded supply in every cycle for more than a decade, which means that most cap-subject filings move through a registration-based lottery held in March each year. Employers register prospective beneficiaries; selected registrations may then file the full I-129 petition. Cap-exempt employers (qualifying universities, affiliated nonprofits, and certain government research organizations) are not subject to the cap or the lottery and may file year-round.
Recent policy is consequential. The proposed $100,000 supplemental fee on H-1B petitions, announced in 2025 and now working through implementation, has reshaped near-term planning for both employers and beneficiaries; applicability and effective dates depend on the final regulation. Sophie Team is tracking the rule's status closely and counsels both corporate sponsors and individual professionals on how to plan against the realistic range of outcomes. We handle cap-subject filings, cap-exempt filings, transfers, extensions, amendments, and the planning conversations around alternatives when the lottery does not select.
申请条件
- 01Foreign professionals offered a U.S. position that qualifies as a specialty occupation, where the role requires at least a bachelor's degree (or equivalent) in a specific specialty.
- 02Beneficiaries who hold a U.S. or foreign bachelor's degree in a relevant field, or equivalent education plus experience documented through a formal credential evaluation.
- 03Employees of cap-exempt institutions (qualifying universities, affiliated nonprofits, certain research organizations) who can be filed year-round outside the lottery.
- 04Beneficiaries already in H-1B status who are transferring employers, extending status, or amending material terms of employment.
- 05Spouses (H-4) and unmarried children under 21 who accompany the principal beneficiary, with H-4 EAD eligibility for spouses where the principal has reached certain green-card milestones.
申请流程
- 01
Position and degree analysis
Before any filing, the position must be assessed as a specialty occupation: does the role require at least a bachelor's degree in a specific specialty, by industry standard, by employer practice, or by the role's actual duties. For roles in newer fields (machine learning, data engineering, product roles in technical organizations), this analysis is more substantive than it once was. We work with the employer to document the role honestly and to align it with the beneficiary's degree.
- 02
Registration or cap-exempt determination
For cap-subject filings, we register the beneficiary in USCIS's March electronic lottery. Selection rates depend on each year's registration volume; in recent cycles selection rates have been in the low double digits. If the registration is selected, the employer has a defined window (April 1 through late June or beyond) to file the full I-129 petition. For cap-exempt employers we proceed directly to the LCA and petition.
- 03
Labor Condition Application (LCA)
Before filing the I-129, the employer files an LCA with the Department of Labor attesting to wage levels, working conditions, and notice. The LCA wage must meet either the prevailing wage or the actual wage paid to similarly employed workers, whichever is higher. We work with the employer's HR or compliance team to set the wage tier correctly; underspecified wages are a frequent source of post-filing complications.
- 04
I-129 filing and adjudication
The I-129 petition assembles the LCA, the position description, the specialty-occupation argument, and the beneficiary's degree and experience documentation. Premium processing is available and most cap-subject filers use it. RFEs are common in marginal-specialty cases; we draft initial filings to anticipate the standard challenges (specialty-occupation framing, position-degree alignment, employer-employee relationship for off-site placements).
- 05
Consular processing or change of status
Once approved, the beneficiary activates H-1B status by entering the United States with a visa stamp obtained at a U.S. consulate, or by changing status from inside the country if already on another valid nonimmigrant status. Cap-subject H-1B status begins on October 1 of the approval year. Spouses and children obtain H-4 status; eligible H-4 spouses may apply for an Employment Authorization Document.
常见问题
What are the lottery odds and the timing?
Registration runs in early March. USCIS conducts the selection later that month and notifies registrants through their accounts. In recent cycles, selection rates for the regular cap have been in the low double digits, with somewhat higher rates for the master's-cap pool. Selected registrations may file the full petition between April 1 and late June (or longer, depending on the year), with employment beginning October 1. Unselected registrants typically wait for the next March cycle.
What if I am not selected in the lottery?
There are several real alternatives. Cap-exempt employment (universities, qualifying nonprofits, certain research organizations) bypasses the lottery and can be filed year-round. O-1A is available for candidates whose record meets the higher extraordinary-ability standard. L-1 may be available if the candidate has qualifying foreign employment with a multinational employer. Some candidates pursue a green-card-direct path (NIW or EB-1A) without first holding H-1B. We assess the realistic alternatives at intake.
Can my spouse work on H-4?
Sometimes. H-4 spouses are eligible to apply for an Employment Authorization Document (the "H-4 EAD") only when the H-1B principal has reached certain employment-based green-card milestones, such as I-140 approval or the AC21 seventh-year extension stage. Until those conditions are met, H-4 spouses may live in the United States but may not work. Many dual-career families plan around this by sequencing each spouse's status independently.
How does the proposed $100,000 supplemental fee affect my filing?
The proposed supplemental fee announced in 2025 is still working through the regulatory process; the final scope, applicability, and effective date depend on the final rule. Corporate sponsors and individual beneficiaries are planning against the realistic range of outcomes; some are accelerating filings, some are reassessing position descriptions, and some are evaluating alternative status options. We track the rule closely and adjust client guidance as the regulation moves.
How long can I stay on H-1B?
The H-1B is granted in three-year increments up to a six-year cap. Beyond six years, extensions are available in one-year or three-year increments when an employment-based green-card process is sufficiently advanced (a labor certification or I-140 filed at the appropriate stage). Many H-1B holders extend well beyond six years on this basis while waiting for visa-number availability in retrogressed categories.