What Is the H-1B Visa?

The H-1B is a US nonimmigrant work visa category for qualifying specialty occupations. These positions generally require the theoretical and practical application of highly specialized knowledge and at least a bachelor degree in a directly related specific specialty, or an equivalent qualification where permitted by law.

US employers commonly use H-1B petitions to hire professionals in fields such as software development, engineering, data science, scientific research, finance, and certain healthcare occupations. Eligibility depends on the actual job duties, the required qualifications, the employer and the applicable immigration rules.

Applicants generally cannot enter the cap-subject process independently. A prospective US employer must register the beneficiary when registration is required and, if selected, file the qualifying petition.

What Changed in the H-1B Lottery for FY 2027?

The Department of Homeland Security adopted a wage-weighted selection process that became effective for the FY 2027 cap season. Under this system, the wage level reported for the offered position affects the number of entries associated with a beneficiary in the selection process.

The wage level is determined using the applicable Occupational Employment and Wage Statistics data for the occupation and intended area of employment, along with the regulatory requirements. A higher wage level can provide more weighted entries, but it does not guarantee selection.

Employers must report accurate information. They should not artificially increase a wage, use an incorrect occupation code, or misrepresent the job location to influence selection. The applicable rules also address registrations involving multiple employers or positions.

H-1B Visa Cap: 65,000 Regular Visas and 20,000 Advanced-Degree Exemption

The H-1B cap generally includes two statutory allocations:

• Regular cap: Up to 65,000 H-1B visas annually, subject to statutory provisions and applicable exclusions.
• Advanced-degree exemption: Up to 20,000 additional numbers for eligible beneficiaries who qualify under the US advanced-degree exemption, generally based on a qualifying master degree or higher from an eligible US institution.

Certain employers and petitions may qualify for cap-exempt treatment. Whether a particular university, nonprofit research organization, government research organization, or employment arrangement qualifies depends on the legal requirements and facts of the case.

H-1B Registration Dates: FY 2027 and FY 2028

The fiscal year for US federal government purposes begins on October 1. Cap-subject H-1B petitions selected for a fiscal year generally have filing and employment-start rules governed by USCIS regulations and the relevant petition approval.

Do not rely on unofficial websites or social media posts for an unannounced registration date. USCIS is the authoritative source for the official schedule.

Who Is Eligible for an H-1B Visa?

H-1B eligibility is based on the job, the beneficiary qualifications, and the petitioning employer. Common requirements include:

• Specialty occupation: The position must meet the applicable legal definition and degree-related requirements.
• Relevant education: The beneficiary generally needs a qualifying degree in a directly related specific specialty, or an equivalent combination permitted by law.
• Qualifying employer: A US employer must file the petition and meet the applicable registration and petition requirements.
• Required wage and labor condition compliance: The employer must comply with the relevant Department of Labor requirements and wage obligations.
• Accurate job details: The position, worksite, occupational classification, offered wage and other required information must be documented accurately.
• Selection when required: For a cap-subject petition, the registration must be selected before the employer can file the petition, unless a relevant exception applies.

How the H-1B Registration Process Works

1. Find a qualifying US employer: Identify an employer willing to sponsor an H-1B petition for a qualifying role.
2. Prepare the job and candidate details: The employer reviews the position, qualifications, offered wage, occupational classification and intended work location.
3. Create or use a USCIS online account: The employer or authorized representative uses the applicable account to complete electronic registration.
4. Submit the registration and fee: The registrant submits the required beneficiary information and pays the official registration fee during the announced period.
5. Wait for the selection notice: USCIS communicates selection results through the relevant online account.
6. File the H-1B petition if selected: Selection permits the prospective petitioner to file during the applicable filing period; it is not itself an H-1B approval.
7. Complete adjudication and any visa process: USCIS reviews the petition. Depending on the applicant circumstances, further steps may involve a change of status, consular processing, or other requirements.

H-1B Visa Fees: What Should Applicants Expect?

The electronic registration fee for the FY 2027 cap season was $215 per beneficiary registration. This is not the same as the total cost of filing and adjudicating an H-1B petition.

Additional costs may include petition filing fees, fraud prevention and detection fees, training-related fees where applicable, premium processing if requested, and other charges based on the employer, petition type and applicable law. Some fees are the employer responsibility under relevant rules.

Special fees, restrictions or litigation may affect particular cases. Before filing, employers should verify the current USCIS fee schedule and official guidance rather than relying on a general online estimate.

Official fee information is available from the USCIS Filing Fees page.

Does a Higher Salary Guarantee H-1B Selection?

No. Under the wage-weighted process, a qualifying higher wage level can provide more entries in the selection pool, but selection is not guaranteed. The number of registrations, the applicable selection process, the statutory cap and other regulatory requirements remain relevant.

The wage level is not determined simply by comparing a salary with a nationwide salary figure. It depends on the occupation, area of intended employment, applicable wage data and the requirements in effect for that cap season.

Employers should retain documentation supporting the position, wage, occupation code and work location. Candidates should be cautious about anyone promising guaranteed selection in exchange for payment.

What Happens If an H-1B Registration Is Not Selected?

If a registration is not selected, the employer generally cannot file a cap-subject petition based on that registration unless USCIS later selects it or another applicable legal basis exists. Candidates may discuss other lawful options with their employer or an immigration attorney.

Depending on individual circumstances, alternatives might include qualifying cap-exempt employment, a different employment-based immigration category, or another appropriate nonimmigrant status. Each option has separate eligibility requirements.

Do not assume that USCIS will conduct a second selection round. Additional selection depends on agency decisions and whether further selections are needed under the applicable rules. Always check official USCIS announcements.

H-1B Visa Updates for Indian Applicants

Indian professionals frequently pursue H-1B opportunities in software engineering, IT consulting, data science, research, finance and other qualifying fields. The same federal H-1B rules generally apply regardless of nationality, but the practical process may differ depending on whether the individual is outside the United States or already holds a US immigration status.

Applicants in F-1 status should coordinate with their employer and designated school official when relevant. Cap-gap provisions, change-of-status rules, travel and employment authorization are subject to specific requirements and should not be assumed to apply automatically.

Selection in the H-1B registration process does not itself grant permission to work in the United States. Work authorization depends on the applicable status, petition approval and effective dates.

Official H-1B Visa Resources

• USCIS H-1B Specialty Occupations — Review eligibility, petition requirements and program guidance.
• USCIS H-1B Electronic Registration Process — Check registration procedures and official announcements.
• USCIS Newsroom — Follow official updates on registration windows, selections and policy changes.
• Federal Register — Review final rules and official regulatory notices.
• US Department of Labor: Labor Condition Applications — Learn about LCA requirements relevant to H-1B employment.
• USCIS Filing Fees — Verify the current fees applicable to a petition.

Frequently Asked Questions About the H-1B Lottery

Conclusion

The H-1B program continues to be an important route for US employers seeking qualified foreign professionals. For the FY 2027 cap season, the selection process changed to a wage-weighted model, and the registration window has already closed. Candidates preparing for FY 2028 should focus on finding a qualifying employer, reviewing job and degree requirements, preparing accurate information, and monitoring official USCIS announcements.

Because H-1B rules, fees, selection procedures and legal requirements can change, always verify the latest official information before taking action.