INA Section 101(a)(15)(H)(i)(b) / USCIS Form I-129 / $85k Prevailing Wage
U.S. H-1B Specialty Occupation Work Visa Guide 2026
Complete guide to the U.S. H-1B specialty occupation work visa: annual cap 85,000 (65k regular + 20k Master's exemption), lottery registration, USCIS prevailing wage levels, and 60-day grace period.
Overview
The H-1B visa is the primary U.S. work visa for specialty occupations requiring at least a Bachelor's degree or equivalent. The annual cap is 65,000 regular H-1B visas plus 20,000 for U.S. Master's degree holders. USCIS conducts an electronic registration lottery in March each year. Selected petitions must be filed by April 1 for an October 1 start date. The H-1B requires the employer to pay at least the prevailing wage for the occupation and location, certified by the Department of Labor through a Labor Condition Application (LCA).
Key Facts & Statutory Reference
| Item | Detail | Statutory / Official Source |
|---|---|---|
| Annual H-1B Cap | 65,000 regular + 20,000 U.S. Master's exemption | INA Section 214(g)(1) |
| Minimum Education | Bachelor's degree or equivalent in specialty field | INA Section 101(a)(15)(H)(i)(b) |
| Prevailing Wage | Minimum Level I wage for the SOC occupation/location | INA Section 212(n) |
| Initial Period | Up to 3 years; extendable to 6 years | INA Section 214(g)(4) |
| AC21 Extension | 1-year extensions if I-140 approved 365+ days | AC21 Act 2000 Section 106(a) |
Frequently Asked Questions (FAQ)
In FY2025, USCIS received approximately 470,000 registrations for the 85,000 available H-1B visas. The selection rate was approximately 18-20% for regular cap and 5-8% for Master's exemption. Registrants may be selected in multiple lottery rounds if additional slots open.
H-1B workers who are laid off or otherwise lose their employment have a 60-day grace period to find a new H-1B sponsoring employer, file a change of status to another visa category, or depart the United States without triggering unlawful presence.