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The H-1B visa explained: lottery, cap, employer sponsorship
The H-1B is the best-known US work visa and the most misunderstood. This guide explains the mechanics that matter: what counts as a 'specialty occupation,' why a US employer has to sponsor and file the petition, and how the annual cap of 65,000, plus the 20,000 advanced-degree exemption, creates the March registration lottery that decides most applicants' fate before a petition is even filed.
What you’ll learn
- What qualifies as a 'specialty occupation' and how degree requirements are judged
- How the March electronic registration and lottery selection work
- The employer's role: the I-129 petition and the Labor Condition Application (LCA)
- How the 65,000 cap and 20,000 advanced-degree exemption change your odds
- Prevailing-wage levels and why they affect approvals
- Cap-exempt employers (universities, nonprofits) that bypass the lottery
- The 60-day grace period and what happens if you change or lose your job
It walks through the full annual cycle: electronic registration, selection, the I-129 petition, the Labor Condition Application, and the October 1 start date. It also explains cap-exempt employers, the role of prevailing wage, and what happens to your status between jobs. You will understand where the real decision points are, what your employer is responsible for, and how to read your own odds realistically.
Educational content only, these guides are not legal advice.Read the full disclaimer →
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The NIW is one of the few green cards you can file yourself, no employer and no PERM, if you clear the three-pronged Dhanasar test. Each prong gets its own treatment, with the evidence that actually persuades USCIS to grant the waiver.