Specialty Occupation Visa

H-1B Visa in 2026: Rules, Lottery and Alternatives

H-1B is an employer-sponsored work visa for specialty occupations that require at least a bachelor's degree. Most new H-1Bs go through an annual lottery that, from 2026, is weighted toward higher wage levels. Here's what has changed, and when EB-2 NIW is the smarter route.

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85,000

New cap-subject H-1Bs each year

6 yrs

Typical maximum stay

0

Lottery entries needed for EB-2 NIW

One Firm, Every U.S. Pathway

Case strategy, evidence and filing support from profile review to final decision.

Overview

What is the H-1B visa?

H-1B lets U.S. employers hire foreign professionals in specialty occupations: jobs that require at least a bachelor's degree in a specific field. The employer must file the petition and pay at least the required wage.

New cap-subject H-1Bs are limited to 65,000 per year, plus 20,000 for holders of U.S. advanced degrees, and are allocated through an annual registration lottery. Universities and affiliated nonprofits are cap-exempt.

H-1B allows dual intent, so you can pursue a green card while on it. But because of the lottery, rising costs and employer dependence, many professionals now pursue EB-2 NIW, which needs no employer and no lottery.

Eligibility

Who qualifies for H-1B Visa?

These are the core requirements USCIS or the U.S. consulate will look for. We review every one of them with you before anything is filed.

  • A U.S. employer offering a specialty occupation job
  • At least a U.S. bachelor's degree or equivalent in a related field
  • A certified Labor Condition Application (LCA) from the employer
  • Selection in the annual lottery (unless cap-exempt)
  • Employer pays at least the required wage
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Key Benefits

Why choose H-1B Visa?

01

Dual intent

Pursue a green card while on H-1B.

02

Work in your field

Specialty occupations across tech, engineering, healthcare and more.

03

Cap-exempt options

Universities and affiliated nonprofits can hire year-round.

04

Family can join

Spouse and children on H-4 status.

05

Green card bridge

File EB-2 NIW while working on H-1B.

06

We compare options

We'll tell you if NIW or O-1 is a better route.

How It Works

How the H-1B Visa process works

A clear, step-by-step process with one team guiding you from your first assessment to the final decision.

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1. Options review

We compare H-1B with EB-2 NIW, O-1 and other routes.

2. Employer coordination

We support your employer's registration and petition.

3. Lottery and petition

Registration, then I-129 if selected.

4. Visa stamping

Consular interview preparation, if applying from abroad.

5. Green card planning

We plan EB-2 NIW or another green card path in parallel.

1 min read

H-1B remains a major U.S. work visa, but 2026 brought significant changes. This page explains the current rules, and why many professionals abroad now choose EB-2 NIW instead.

Key takeaways

  • H-1B needs a U.S. employer and, for most, lottery selection.
  • From 2026, the lottery is weighted toward higher wages.
  • A $100,000 payment applies to certain new petitions for workers abroad. Check current status.
  • EB-2 NIW needs no employer, no lottery and leads straight to a green card.

H-1B policy watch for 2026

Quick answer

Two major changes affect H-1B in 2026: wage-weighted lottery selection, and a $100,000 payment for certain new petitions for workers outside the U.S.

!

Updated {date}: A rule effective February 27, 2026 weights H-1B lottery selection toward higher wage levels. A September 2025 presidential proclamation requires a $100,000 payment for certain new H-1B petitions for workers outside the U.S.; it was set to expire on September 21, 2026 unless extended. Confirm its current status before publishing or planning.

How does the H-1B process work?

Quick answer

Your employer registers you in the March lottery. If selected, the employer files an LCA and Form I-129. You then start work on or after October 1.

Registration

Employer enters the lottery

LCA & I-129

Petition if selected

Visa stamping

Interview if abroad

Start work

From October 1

H-1B vs. EB-2 NIW: which is right for you?

Quick answer

If you have an advanced degree or strong experience and a nationally important endeavor, NIW offers a green card with no lottery or employer. H-1B suits those with a committed employer who want to start working sooner.

FactorH-1BEB-2 NIW
TypeTemporary visaGreen card
Employer needed?YesNo
LotteryYes, wage-weightedNo
Job flexibilityTied to sponsoring employerFree to change jobs
FamilyH-4 dependentsGreen cards for spouse and children
Tired of the H-1B lottery?

Send your CV. We'll check whether EB-2 NIW could get you a green card without an employer or lottery.

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Can I get a green card from H-1B?

Quick answer

Yes. H-1B is a dual-intent visa, so you can file for a green card through employer-sponsored PERM or a self-petitioned EB-2 NIW while working.

  • EB-2 NIW: self-petition, no employer
  • PERM: employer sponsorship
  • EB-1A: if you are at the top of your field
  • H-1B extensions beyond 6 years with a pending green card
  • Spouse may qualify for H-4 work authorization in some cases
  • Children under 21 included in the green card

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Official sources

Written by

Syed Muhammad Shamuel Shees

Founder and Lead Immigration Consultant

Phoenix Immigration Consulting Services LLC is an immigration consulting firm, not a law firm, and does not provide legal advice. Information on this page is general and may change; always confirm current rules on uscis.gov and travel.state.gov. Filing a petition or application does not guarantee approval.

Worth comparing

Could EB-2 NIW Be a Better Fit?

If you have an advanced degree or strong professional experience, the EB-2 National Interest Waiver can lead straight to a green card, with no employer sponsor and no lottery. Many of our clients file NIW alongside, or instead of, a temporary visa.

Explore EB-2 NIW Free NIW Assessment
  • No job offer or employer sponsor
  • No lottery and no labor certification
  • Permanent residence, not a temporary visa
  • Spouse and children under 21 included
FAQ

H-1B Questions, Answered

What changed in the H-1B lottery in 2026?

A rule effective February 27, 2026 weights selection toward higher wage levels, so registrations at higher wage levels have better odds than entry-level ones.

Is there a $100,000 fee for H-1B?

A September 2025 presidential proclamation introduced a $100,000 payment for certain new H-1B petitions for workers outside the U.S. Its scope and duration have changed, so confirm the current status with us before planning.

Can I get a green card from H-1B?

Yes. H-1B allows dual intent. Common paths are employer-sponsored PERM or self-petitioned EB-2 NIW.

Is EB-2 NIW better than H-1B?

NIW is a green card with no lottery and no employer. H-1B is a temporary visa tied to an employer. Many professionals pursue NIW instead of, or alongside, H-1B.

Which employers are cap-exempt?

Universities, their affiliated nonprofits, and nonprofit or government research organizations can file H-1Bs outside the lottery.

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