The H-1B is for professionals in specialty occupations that require a bachelor's degree or higher (or its equivalent) in a field directly related to the position. It allows an initial stay of up to three years, extendable to a maximum of six (with some exceptions), and permits spouses and children under 21 to accompany the worker as dependents.
The annual H-1B cap is 85,000 visas (65,000 general plus 20,000 reserved for U.S. advanced-degree holders), and registrations routinely exceed that number, triggering a lottery. Starting with the FY2027 cap season, a new DHS rule (effective February 27, 2026) replaces the purely random lottery with a wage-level weighted selection: each registration is assigned to an OEWS wage level (I through IV) for the offered wage, occupation, and area of employment, and higher wage levels receive more entries in the selection pool — Level IV registrations get four entries, Level I get one. Each unique beneficiary is still selected only once no matter how many employers register them, so it remains a weighted lottery, not a ranked or guaranteed system.
Registration typically opens in March for an October 1 start date, with USCIS notifying selected registrants by the end of that month and a 90-day window to file the full petition. Let our firm know by early January so we can get your assessment and review started in a timely manner ahead of that window. If you're not selected, we build out the realistic backup — cap-exempt concurrent employment, O-1, L-1, further education, or a Canadian bridge while a green card matures.