H-1B Work Visa Guide (2026)

For FY 2027, USCIS retains beneficiary-centric selection but also uses a wage-weighted selection process effective February 27, 2026. Each unique beneficiary is entered into the selection pool based on the lowest applicable OEWS wage level among the registrations submitted for that beneficiary: wage level IV receives four entries, level III three, level II two, and level I one. The system therefore no longer provides equal selection odds across all wage levels.

For Form I-129 H-1B petitions, the base fee is generally $780 for paper filing or $730 for online filing, with a reduced $460 base fee for qualifying small employers/nonprofits. The H-1B electronic registration fee is $215 per beneficiary. Depending on the petition, additional fees can include the $600/$300/$0 Asylum Program Fee, the $500 Fraud Prevention and Detection Fee when applicable, the $1,500/$750 ACWIA fee when applicable, and optional Premium Processing, which increased to $2,965 for requests postmarked on or after March 1, 2026. A separate $100,000 H-1B payment requirement applied to certain covered new petitions under a September 2025 proclamation, but as of August 15, 2026 the requirement is not currently enforceable after a federal district court vacated it and the First Circuit declined to stay that ruling; litigation remains ongoing.

Before the employer files the H-1B petition, the employer generally must obtain a certified Labor Condition Application (ETA-9035/9035E) from the Department of Labor. The employer attests to required H-1B labor conditions, including payment of the required wage, which is generally the higher of the actual wage paid to similarly employed workers or the prevailing wage for the occupation and area of intended employment. The prevailing wage may come from OEWS data or another permitted wage source; an OEWS wage level is not itself the universal legal standard.

H-1B status is generally available in periods of up to 3 years, with a general maximum of 6 years. AC21 § 106 can permit 1-year extensions when at least 365 days have passed since filing a qualifying labor-certification application or immigrant petition and the beneficiary remains eligible. AC21 § 104(c) can permit 3-year extensions when the beneficiary has an approved employment-based immigrant petition and an immigrant visa is unavailable under the applicable statutory rules. These are separate extension mechanisms with different requirements.

After an involuntary employment termination, an H-1B worker may have a grace period of up to 60 consecutive days or until the end of the current authorized validity period, whichever is shorter. During that period, the worker may seek qualifying H-1B employment, request a change of status if eligible, or depart the United States. The grace period does not itself authorize employment for a new employer; the new employer must satisfy the applicable H-1B portability rules.