What are H-1B visas

To understand what are H-1B visas, you should know they are temporary work permits. They allow U.S. employers to hire foreign professionals in specialty occupations. 

There are three main variants: H-1B, H-1B2, and H-1B3, and each requires specific education or experience.

In 2025, the program saw key changes. Among them, the beneficiary-centric model (a registration approach centered on the beneficiary, which prevents multiple lottery entries). Also, the updated Form I-129 and increased fees. These legal changes directly affect applicants and companies.

This guide covers the essentials, from H-1B subtypes and wage requirements to the annual cap, costs, and processing times, plus a recap of the latest updates with examples and comparison tables to help avoid common mistakes.

Clear guide to what are H-1B visas and their three subtypes

The H-1B visa is a nonimmigrant category that allows U.S. companies to temporarily hire foreign professionals in specialty occupations. There are variants of this visa depending on the type of job:

• H-1B (or “general”): For specialty occupations that require at least a bachelor’s degree (or equivalent experience).
• H-1B2: For those working on cooperative research and development projects administered by the U.S. Department of Defense or under government-to-government agreements.
• H-1B3: For fashion models of distinguished merit and ability.
• H-1B1: (special variant) For nationals of Chile and Singapore in specialty occupations under trade agreements.

In all cases, the employer, not the worker, must file the petition with USCIS.

Example: Luis, a software engineer, would apply for the H-1B, while Ana, a researcher in a cooperative scientific project, would do so under H-1B2. Sofía, a recognized model, would apply for H-1B3.

To better understand the employment visa context in the U.S., see the guide “What are the different types of U.S. visas”.

Essential requirements and wage protection (LCA)

To obtain an H-1B visa, the position must meet basic conditions:

• Be a specialty occupation requiring the application of advanced theoretical and practical knowledge.
• Require at least a bachelor’s degree (or its equivalent in experience).
• For H-1B2 and H-1B3 subcategories, meet the additional criteria specific to each variant.

In addition, the employer must file a Labor Condition Application (LCA) with the Department of Labor (DoL). In this document, the employer commits to paying the foreign worker the higher of the actual wage and the prevailing wage.

That’s why understanding what are H-1B visas and their wage requirements is essential to file a proper LCA and avoid denials.

Below we show it in the following table:

Concept	Definition	Who determines it
Actual wage	Pay to employees at the company with similar duties and experience.	The employer.
Prevailing wage	Market average for the role in that geographic area (or a union rate).	Department of Labor (DoL).

This system protects both U.S. workers and H-1B beneficiaries by ensuring fair compensation and preventing unfair competition.

Quick example: If a financial analyst in New York earns on average $120,000 and the employer pays $115,000 to current employees, the H-1B worker must receive at least $120,000, because it is the higher of the two figures.

H-1B annual cap and exemptions for U.S. master’s degree holders

The H-1B program has a congressionally set annual limit on available visas:

• 65,000 H-1B visas in the regular cap.
• 20,000 additional reserved for applicants with a U.S. master’s degree or higher.

When the number of registrations exceeds this cap, USCIS uses a random selection process (lottery). For fiscal year 2026, this limit has already been reached, confirming the high demand for this visa. This annual limit explains why so many candidates ask what are H-1B visas available each cycle and how they’re allocated.

The H-1B cap limitation is similar to other processes where applicants depend on drawings, such as the Diversity Visa Lottery 2025.

Electronic registration and lottery: beneficiary-centric model in 2025

Since the 2025 season, USCIS uses a beneficiary-centric system for registration. This model prevents a single beneficiary from having multiple lottery entries if several employers register them.

• Registration is done online through the USCIS portal.
• Each employer pays a registration fee, which increases from $10 in FY2025 to $215 in FY2026.
• The lottery selects beneficiaries and notifies employers through their online accounts.

Quick example: Previously, if three companies registered the same software engineer, that candidate had three lottery entries. Now, with the beneficiary-centric model, even if several companies register the same person, it counts only once.

Updated Form I-129 and required attachments

Form I-129, Petition for a Nonimmigrant Worker, is the base document for all H-1B filings.

• Since January 17, 2025, USCIS only accepts the 01/17/25 edition.
• Any petition filed with prior versions, such as 04/01/24, will be rejected.
• Later, as of July 30, 2025, USCIS accepts only the 01/20/25 edition. Petitions received from that date with earlier editions will be rejected.

The form must include the exhibits and evidence proving the beneficiary’s eligibility and the job’s conditions.

Reference table of common Form I-129 attachments

Document or attachment	Purpose
Form G-28	Notice of legal representation.
Selection notice	Confirms the beneficiary was selected in registration.
H-1B supplements	Category-specific information for the H-1B type.
Certified LCA (ETA 9035)	Proof of wage compliance before the DoL.
Employer letter	Explains duties, wage, and job requirements.
Eligibility documents	Degrees, licenses, or evidence of the beneficiary’s experience.

Steps in the H-1B visa application process

The H-1B application follows a specific sequence:

1. Job offer: A U.S. employer offers a specialty occupation position.
2. Labor Condition Application (LCA): The employer files it with the Department of Labor for certification.
3. I-129 petition: The employer completes the form with the required documentation.
4. USCIS review: The agency evaluates the petition and may issue a Request for Evidence (RFE).
5. Consular processing (if applicable): If the worker is outside the U.S., they must complete Form DS-160, pay fees, and attend a consular interview.
6. Admission to the U.S.: A CBP officer inspects entry and issues Form I-94 setting the authorized period of stay.
7. Start of employment: The beneficiary begins working on the approved start date for the sponsoring employer.

H-1B costs and pricing in 2025

Many people want to know the H-1B visa price, which varies by company size, filing type, and whether premium processing is requested.

• Electronic registration: $10 for the FY2025 registration cycle and $215 for FY2026. In addition, all new petitions filed on or after September 21, 2025 must include an extra $100,000 charge.
• Form I-129 filing fee: $780 for most employers, with potential reduced fees or benefits for eligible nonprofits and small employers.
• Premium processing (optional): $2,805 for many petitions, which expedites the response to approximately 15 days.

Comparison table of main costs

Item	Large companies	Small businesses / Nonprofits
Electronic registration (FY2025)	$10	$10
Electronic registration (from FY2026)	$215	$215
Form I-129	$780	$460
Premium processing (optional)	Approx. $2,805	Approx. $2,805

Important: Since September 2025, all new H-1B petitions must include an additional $100,000 payment under a presidential proclamation.

Processing times and premium processing

H-1B processing times depend on the USCIS service center, filing volumes, and the type of processing selected:

• Regular processing: Usually takes 4 to 8 months or more, depending on the service center’s workload.
• Premium processing (optional): Provides a response in about 15 business days. It does not guarantee approval—only speed (the result can be an approval, denial, or RFE).
• LCA certification: This prerequisite to the I-129 generally takes about 7–10 business days.

Even with premium processing, external factors such as RFEs, consular interviews, or audits can extend timelines.

Travel, visa stamping, and reentry to the U.S.

An H-1B worker may travel outside the U.S. if they have a valid passport, an approved Form I-797, and (if already issued) an H-1B visa stamp in the passport. Additionally:

• If H-1B status was obtained through a change of status inside the U.S., the I-797 (notice with I-94) allows employment but does not serve for reentry after travel if there is no valid visa stamp.
• To depart and return in that scenario, the worker must obtain the H-1B visa stamp at a consulate, completing the DS-160 and attending the consular interview.

In short: The I-797 is enough to work inside the U.S., but to depart and reenter, the visa stamp is essential (unless an exception applies, such as automatic revalidation for certain short trips to Canada, Mexico, or adjacent islands, under specific conditions).

Layoffs and the 60-day grace period

If an H-1B worker loses their job (whether laid off or through voluntary resignation), they may be eligible for a grace period of up to 60 days, counted from the day after the effective end of employment (last day on payroll). During those 60 days they can:

• Secure a new employer to file a valid H-1B transfer petition before the deadline. The worker may begin employment once the USCIS receipt notice is issued.
• Apply to change status to another visa, such as an F-1 student visa or a B-2 visa. While the application is pending, they may remain in the U.S. without accruing unlawful presence, even if the process exceeds 60 days.
• Arrange a timely departure from the country to avoid immigration consequences.

Example: If an engineer’s employment ends on March 1, the grace period starts on March 2 and runs up to 60 consecutive days, or until the I-94 expires (whichever occurs first). If they fail to file a new H-1B petition or a change of status application before the deadline, they must depart the U.S.

Important: The grace period is discretionary, not guaranteed. USCIS may shorten or remove it if there is a status violation, unauthorized employment, fraud, or criminal issues.

H-4 family members and the spouse’s work authorization

H-1B holders may be accompanied by their immediate family on H-4 visas, which are issued to:

• Legally married spouse of the principal H-1B holder.
• Unmarried children under 21, who must change to another status (e.g., F-1) or depart the U.S. upon turning 21 to remain lawfully present.

The H-4 visa does not provide work authorization by itself. However, some H-4 spouses may apply for an Employment Authorization Document (EAD) by filing Form I-765 with USCIS, provided the principal H-1B holder:

• Is the beneficiary of an approved I-140 petition, or
• Has extended H-1B beyond six years because the permanent residence process is underway, either with a PERM labor certification filed more than 365 days ago or with an I-140 approved or pending.

An approved H-4 EAD allows unrestricted work for any employer, in any position, or even self-employment. The EAD’s validity is tied to the principal H-1B holder’s status—if that status ends or changes, the H-4 and EAD are affected.

Does an H-1B lead to a Green Card?

You cannot obtain a Green Card directly with an H-1B visa, but it can be a pathway. The most common process includes:

• PERM labor certification filed by the employer with the Department of Labor.
• I-140 petition filed with USCIS, showing the worker meets the job requirements and the employer can pay the offered wage.
• Adjustment of status (Form I-485) if the worker is lawfully in the U.S. and their priority date is current, or consular processing if abroad.

It is also possible to obtain permanent residence through special categories like EB-1 (extraordinary ability), EB-2 (advanced degree professionals), or EB-5 program (investors).

What’s new in 2025: modernization, fees, and presidential proclamation

The H-1B program underwent significant changes in 2025 that both applicants and employers should keep in mind:

• Beneficiary-centric model: Since FY2025, each worker enters the lottery once, even if multiple employers register them. This system continues in FY2026 to promote fairness and prevent abuse.
• Form I-129: Since July 30, 2025, USCIS accepts only the 01/20/25 edition. Older editions are rejected immediately.
• Registration fee: The cost increases from $10 to $215 starting in FY2026, raising the initial expense for employers.
• Presidential Proclamation (September 19, 2025): Establishes an additional $100,000 charge per H-1B petition, subject to exceptions, for an initial 12-month period. The measure is in effect while under judicial review, creating uncertainty for both employers and workers.

Common mistakes that cause H-1B denials

Although the process looks straightforward on paper, many cases are denied due to avoidable errors. The most frequent include:

• Using an outdated I-129 form: Any edition prior to 01/17/25 (and later prior to 01/20/25) is rejected automatically.
• Miscalculating the prevailing wage: Filing an LCA with incorrect data invalidates the petition.
• Submitting incomplete documentation: Degrees without certified translations, expired licenses, or unsubstantiated experience.
• Missing key deadlines: Delays after lottery selection can push the applicant out of the process.
• Changing employers without a new petition: The worker must wait for USCIS to approve the transfer (or receive the receipt, as applicable) before starting with the new employer.

Avoiding these mistakes significantly increases the chance of success.

Comparison: H-1B vs. other employment visas (O-1 and L-1)

H-1B is not the only option for foreign professionals. Depending on the profile, other visas may be a better fit.

Comparison table of U.S. employment visas

Feature	H-1B	O-1	L-1
Primary profile	Specialized professionals with degree or equivalent	Individuals with extraordinary ability in arts, sciences, business, or athletics	Intra-company transferees
Initial duration	3 years (max. 6 with extensions)	3 years (1-year extensions)	1–3 years (max. 7 for execs/managers)
Annual cap	Yes, 65,000 + 20,000 (master’s cap)	No	No
Green Card path	Yes, via EB-1/EB-2/EB-3 with PERM/I-140	Yes, facilitates EB-1	Yes, facilitates EB-1C
Typical example	Software engineer at a tech company	Scientist with international awards	Executive transferred from a foreign affiliate

This comparison helps determine whether H-1B is the best route or if a different alternative fits the applicant’s profile better.

For some profiles, a more direct alternative may be the L-1A visa, designed for executives and managers transferring within a multinational.

Frequently asked questions about the H-1B visa

This section answers key questions about what are H-1B visas and the step-by-step process.

Can I change employers on H-1B?

Yes, but the new employer must file a new I-129 petition before you begin working.

What if I’m not selected in the lottery?

If you are not selected, you can try again in the next cycle or explore alternatives such as the O-1 or L-1 visa.

Can I move from F-1 OPT to H-1B?

Yes, many international students use OPT as a bridge to H-1B. The employer must register them in the lottery and file the petition on time.

What happens if the company shuts down while I’m on H-1B?

The 60-day grace period is triggered, during which you can seek another employer or change status.

Can I freelance on H-1B?

No. H-1B allows work only for the sponsoring employer that filed the petition.

What are my options if my petition is denied?

If your H-1B petition is denied, you may appeal the decision, reapply in the next cycle, or explore another type of U.S. visa.

What is the H-1B visa price and who pays it?

The cost is split: the employer covers fees like the LCA and Form I-129 (and often premium processing), while the worker pays consular costs (DS-160 and interview).

Immigration lawyers in New Jersey for H-1B visa matters

The H-1B application process is complex: strict criteria, tight timelines, and constant legal updates. A single mistake can mean months of delay or even a denial.

At Curbelo Law, our immigration lawyers in New Jersey have the experience to:

• Design a strategy tailored to your professional profile.
• Prepare and review documentation before filing.
• Represent you before USCIS and at consular interviews.
• Support you at each step, from registration to visa issuance.

If you’re considering applying for an H-1B visa or want to understand how the 2025 updates affect you, contact us for a personalized consultation.

During your consultation, our team will explain with clear examples what are H-1B visas that best fit your professional background.