H-1B visa

⚖️ Law By CampusDown Wiki Editorial Team Last updated October 23, 2026

H-1B is a nonimmigrant visa for specialty occupations requiring at least a bachelor’s degree. Demand exceeds the annual cap, so selection is by lottery.

Contents

1. Overview
2. $100,000 fee
3. Frequently asked questions
4. References

Overview

Employer-sponsored; registration in March, start Oct. 1; cap-exempt for universities and nonprofit research bodies. Dual intent allows a green card process.

$100,000 fee

Proclamation 10973 (Sept. 19, 2025) was vacated by the D. Mass. on June 8, 2026; the First Circuit denied a stay on July 24, 2026. As of October 2026 it is not being enforced.

You need a job offer and a winning ticket. It is a lottery after the interview.

Frequently asked questions

Grace period after layoff?: Up to 60 days.

References

8 U.S.C. § 1101(a)(15)(H)(i)(b); § 1184(g) (numerical limits); 8 C.F.R. § 214.2(h).
USCIS, "H-1B Specialty Occupations" and H-1B Electronic Registration Process (uscis.gov).
U.S. Department of Labor, Labor Condition Application (Form ETA-9035).
Presidential Proclamation 10973, "Restriction on Entry of Certain Nonimmigrant Workers" (Sept. 19, 2025), and subsequent federal court rulings (D. Mass., June 8, 2026; 1st Cir., July 24, 2026).

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This article was last updated on October 23, 2026. It is based on widely recognized original works and textbooks; when citing it in a paper, please check the original sources listed in the references.