H-1B

1. What is the H-1B Visa?

The H-1B visa is a temporary, non-immigrant visa that allows U.S. employers to hire foreign professionals in “specialty occupations.” These are jobs that normally require at least a bachelor’s degree in a specific field, such as engineering, computer science, finance, or medicine. H-1B workers are allowed to live and work in the United States for a limited period, usually up to 3 years at first, with the possibility of extension.

2. What is the H-1B Cap?

Each year, there is a limit on how many new H-1B visas can be issued. This is called the H-1B Cap. In most years, the law provides:

• 65,000 visas under the regular cap；
• An extra 20,000 visas for applicants who have a U.S. master’s degree or higher（often called the “Master’s Cap”).

Once these numbers are used up for the year, no more new cap-subject H-1B visas can be approved until the next filing season.

3. What is the H-1B Registration?

Before filing a full H-1B petition, most new H-1B cases must go through an online H-1B registration with USCIS. During a short registration window（Usually around early to mid-March each year），employers create an online account and submit basic information about:

• The company（U.S. employer）；
• The foreign worker（beneficiary）；
• The intended position.

If USCIS receives more registrations than the cap allows, it will run a random selection（lottery）on these registrations—not on full petitions. Only employers whose registrations are selected are allowed to file full H-1B petitions for that fiscal year.

4. What is the H-1B Lottery?

Because the demand for H-1B visas is usually much higher than the annual cap, USCIS uses a random lottery to decide which registrations may move forward.

In general, USCIS:

• Receives all registrations during the registration window；
• Assigns each registration a unique number；
• Runs a random selection process on the pool of registrations.

USCIS first selects cases toward the regular cap（65,000），then selects additional cases toward the master’s cap（20,000）from registrations that qualify for the U.S. master’s degree benefit. If your registration is selected, your employer will see a “Selected” notice in the USCIS system and may then file the full H-1B petition during the filing period.

5. What is the H-1B Application Process?

1. Employer Sponsorship
An H-1B case must be started by a U.S. employer. The company offers you a qualifying job and agrees to act as your sponsor.

2. Specialty Occupation Position
The offered job must be a “specialty occupation” that normally requires at least a bachelor’s degree in a specific field, and your education and background must match that field.

3. Labor Condition Application（LCA）
Before filing the H-1B petition, the employer files a Labor Condition Application（LCA） with the U.S. Department of Labor. In the LCA, the employer confirms basic conditions such as: paying at least the required wage，and not harming U.S. workers in similar positions.

4. Form I-129 Petition
After the LCA is certified, the employer files Form I-129, Petition for a Nonimmigrant Worker with USCIS, along with supporting evidence about:

• The company and job position；
• Your education and qualifications；
• The certified LCA；
• Required filing fees.

If USCIS approves the petition, you may then apply for an H-1B visa at a U.S. consulate abroad（if you are outside the U.S.），or change status inside the U.S. if you are eligible.