The H-1B visa is a non-immigrant work visa classification in the United States that allows U.S. employers to temporarily hire foreign workers in "specialty occupations." This designation requires the theoretical and practical application of highly specialized knowledge, typically demanding at least a bachelor's degree or its equivalent in a specific field. The modern H-1B category was formally established by the Immigration Act of 1990, signed into law on November 29, 1990, to provide a structured mechanism for U.S. businesses to access specialized talent and maintain economic competitiveness. Its roots trace back to the broader H-1 visa created under the Immigration and Nationality Act of 1952.
The mechanism involves a U.S. employer sponsoring the worker and filing a Labor Condition Application (LCA) with the Department of Labor (DOL) to ensure the worker is paid the higher of the prevailing or actual wage. The visa is subject to an annual cap of 65,000 new visas, plus an additional 20,000 for those with a U.S. master's degree or higher, a limit set by the H-1B Visa Reform Act of 2004. Due to high demand, a lottery is used for selection, and the status is granted for an initial period of up to three years, extendable to a maximum of six years. The H-1B visa is a critical step for many international students who transition from Optional Practical Training (OPT).
Recent changes include a presidential proclamation effective September 21, 2025, which mandated an additional $100,000 fee for certain new H-1B petitions. Furthermore, a final rule effective February 27, 2026, for the FY 2027 cap season, implements a weighted selection process in the lottery to favor higher-skilled and higher-paid applicants.