H-1B Visa: What You Need to Know

How the H-1B specialty occupation visa works — the lottery, cap exemptions, extensions, and what happens if you change jobs or get laid off.

What Is the H-1B?

The H-1B is a non-immigrant visa for "specialty occupation" workers — typically roles that require at least a bachelor's degree in a specific field. It is the primary work visa for tech, engineering, finance, medicine, and many other professional fields.

The Annual Lottery

Congress caps H-1B visas at 65,000 per fiscal year, plus 20,000 additional for US master's degree holders. Because demand far exceeds supply, USCIS holds an annual lottery in March for the following fiscal year (starting October 1).

The timeline:

January–February: Employers register candidates in the USCIS online system (small fee per registrant)
March: USCIS runs the lottery and notifies selected candidates
April–June: Selected candidates file full H-1B petitions
October 1: H-1B status becomes effective

If you are not selected, your employer can try again next year. You can remain on another valid status (OPT, F-1, etc.) in the meantime.

Cap Exemptions

Not everyone goes through the lottery. You are exempt from the cap if:

You work (or will work) at a university, affiliated nonprofit research organization, or government research organization
You are extending or amending an existing H-1B (already counted against the cap)
You are transferring to a new cap-exempt employer

H-1B Extensions

The initial H-1B is granted for 3 years, with one 3-year extension available — a total of 6 years. If your employer has filed an I-140 immigrant petition (green card step) and it has been approved for more than 365 days, you can extend your H-1B in 1- or 3-year increments indefinitely while your green card application is pending.

Changing Jobs

H-1B is employer-specific, but "portability" rules allow you to change jobs while your green card is pending (I-485 filed for 180+ days) without losing your place in line. For new H-1B holders, your new employer must file an H-1B transfer petition before you start working.

Layoffs and the Grace Period

If you are laid off, you have a 60-day grace period to find a new sponsoring employer, change to another status (such as B-2 visitor or F-1 student), or leave the US. This 60-day window does not restart — it runs from the last day of employment.

Dependents

Your spouse and children under 21 can come to the US on H-4 visas. H-4 holders are not automatically authorized to work, but if you have an approved I-140, your H-4 spouse can apply for an Employment Authorization Document (EAD).