H-1B Visa: Work in the U.S.

The most common work visa for professionals. Lower requirements than O-1, but subject to annual lottery. Your pathway to working legally in the United States.

H-1B services provided through our partner law firm

Compare H-1B vs O-1 Schedule Consultation

H-1B vs O-1: Which is Right for You?

Both are temporary work visas, but they have different requirements, processes, and benefits. Here's how they compare:

Feature	H-1B Visa	O-1 Visa
Eligibility Bar	Bachelor's degree or equivalent	Extraordinary ability
Annual Cap/Selection	85K cap - Wage-based weighted lottery	No cap
Employer Fees	$215 registration + standard filing fees $100K fee for offshore hires only	Standard filing fees only
Sponsor Required	Yes - U.S. employer	Yes - U.S. employer or agent
Initial Duration	3 years	3 years
Max Duration	6 years (extensions possible)	Unlimited 1-3 year extensions
Premium Processing	15 days	15 days
Can Change Employers	Yes (with new petition)	Yes (with new petition)
Path to Green Card	Yes - EB-2/EB-3	Yes - EB-1A
Typical Filing Period	April (lottery season)	Anytime

✅ Choose H-1B if you:

Have a bachelor's degree or higher
Have a U.S. employer willing to sponsor
Employer offers higher wage level (Level 3-4) for better lottery odds
Don't meet O-1 extraordinary ability criteria
Want a standard work visa pathway

⭐ Choose O-1 if you:

Have extraordinary ability in your field
Want to avoid H-1B's $100K+ employer fees
Want to avoid H-1B's wage-based lottery system
Need guaranteed, predictable processing
Want unlimited extensions
Plan to pursue EB-1A green card later

What is the H-1B Visa?

The H-1B is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. A specialty occupation requires theoretical and practical application of a body of highly specialized knowledge and a bachelor's degree or higher in the specific specialty (or its equivalent).

With approximately 85,000 new H-1B visas available each year (65,000 regular cap + 20,000 for U.S. master's degree holders), demand far exceeds supply.

🚨 CRITICAL: New $100,000 "Labor Tariff" Fee

Introduced via Presidential Proclamation in September 2025, a $100,000 supplemental fee now applies to certain H-1B petitions filed on or after September 21, 2025. This "labor tariff" is designed to prioritize domestic hiring and ensure only high-value roles are filled by workers from abroad.

💰 Who MUST Pay the $100K Fee:

Offshore Hires: Candidates currently outside the U.S. who don't have a valid H-1B visa
Consular Processing: Even if in U.S., must pay if ineligible for Change of Status and need visa stamping abroad
Expired Status: Current status (F-1, L-1, etc.) expired beyond grace period before H-1B filing

✅ Who is EXEMPT (Does NOT Pay):

Change of Status (COS): Already in U.S. on valid visa (F-1/OPT, L-1, TN, etc.) - MOST IMPORTANT EXEMPTION
H-1B Extensions: Renewing H-1B with current employer
H-1B Transfers: Already in valid H-1B status, switching employers
Valid H-1B Stamp: Already have H-1B visa stamp issued before Sept 21, 2025
Early Filings: Petitions submitted before 12:01 AM EDT on Sept 21, 2025

💡 Good news: Most people already in the U.S. on valid status are exempt from this fee!

🇺🇸 National Interest Exception (NIE):

Case-by-case waiver available if employer proves the hire is critical to U.S. interests:

Role/industry is in national interest (healthcare, defense, critical infrastructure)
No qualified U.S. workers available
Fee would significantly undermine U.S. interests

⚖️ Legal Status: On December 19, 2025, a federal court upheld the fee. However, the U.S. Chamber of Commerce filed an appeal on December 29, 2025. The fee is currently active but still being challenged in court.

📋 Registration Fee Increase: $10 → $215

The lottery registration fee has increased from $10 to $215 per registration. This is the cost just to enter the lottery, paid before selection results are known.

🚨 MAJOR CHANGE: New Wage-Based Selection System (March 2026)

Starting with the March 2026 registration period (for FY 2027), the H-1B lottery is no longer purely random. DHS has implemented a Wage-Based Weighted Selection system that gives preference to higher-paid positions:

Selection Weights by OES Wage Level:

Level 4 (Expert/Senior): 4 entries in the pool
Level 3 (Fully Competent): 3 entries in the pool
Level 2 (Experienced): 2 entries in the pool
Level 1 (Entry-level): 1 entry in the pool

💡 What this means: Higher-paid, higher-skilled workers now have significantly better odds. Entry-level (Level 1) positions face the toughest competition.

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New Fee Changes

$215 registration (was $10) + $100K for offshore hires

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Wage-Based Selection

Higher wage levels get 2-4x better odds in lottery

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Family Benefits

Spouse (H-4) can apply for work authorization if you have pending I-140

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Filing Period

Registration: March 2026 | Petition: April 1 | Start Date: October 1

H-1B Eligibility Requirements

Job Requirements

Position must be a specialty occupation requiring a bachelor's degree minimum
Employer must file Labor Condition Application (LCA) with DOL
Must pay the prevailing wage or actual wage (whichever is higher)
Position must be a bona fide job with specific duties

Candidate Requirements

Bachelor's degree or higher in the specific specialty or related field
Degree from accredited institution (foreign degrees need evaluation)
May substitute work experience: 3 years experience = 1 year education
Must have valid passport from home country

⚠️ Important: Starting March 2026, the H-1B lottery uses a wage-based weighted selection system. Higher wage levels (Level 3-4) receive 3-4x more entries in the lottery pool compared to entry-level positions (Level 1). Having a U.S. master's degree or higher provides additional advantage as you're entered in both the master's cap lottery and the regular cap lottery. Your employer's offered salary and your education level significantly impact your selection probability.

800+

Students Served

15+

Countries

100+

School Partners

98%+

Success Rate

H-1B Support Through Our Partner Law Firm

While Otips specializes in O-1 visas and green card applications, we work closely with licensed immigration attorneys who handle H-1B petitions. We'll connect you with the right legal support for your case.

How We Can Help with H-1B

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Initial Assessment

We'll evaluate your situation and determine if H-1B or O-1 is the better path for your qualifications.

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Attorney Referral

If H-1B is the right choice, we'll connect you with our trusted partner law firm for legal representation.

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Alternative Options

Many of our clients qualify for O-1 visas, which avoid the lottery and have no annual cap. We can help you explore this option.

💡 Consider O-1 Instead: If you have extraordinary ability in your field (publications, awards, recognition, etc.), the O-1 visa offers guaranteed processing with no lottery, no annual cap, and unlimited extensions. Otips specializes in O-1 cases and can help you build a winning petition.

Schedule a Free Consultation

Not sure whether H-1B or O-1 is right for you? Let's discuss your qualifications and immigration goals. We'll provide honest guidance and connect you with the right resources.

Schedule Free Consultation

H-1B Application Timeline

📅 Critical Dates for FY 2027 (March 2026 Cycle)

March 2026

Registration Period

New wage-based system

Late March

Lottery Results

April 1, 2026

Filing Opens

Oct 1, 2026

Employment Start

Electronic Registration (March)

Employer registers beneficiary in USCIS lottery system with basic information.

Wage-Based Lottery Selection (Late March 2026)

USCIS conducts weighted lottery based on OES wage levels. Higher-paid positions (Level 3-4) get 3-4x more entries than entry-level (Level 1). Only selected cases can proceed to petition filing.

LCA Filing (April)

File Labor Condition Application with Department of Labor. Typically approved in 7-10 days.

I-129 Petition (April-June)

Submit complete H-1B petition package to USCIS with all supporting documentation.

Approval & Start Work (October 1)

Once approved, you can begin working on October 1 of that year (earliest possible start date).

Frequently Asked Questions

The $100,000 "labor tariff" fee (introduced September 2025) only applies to specific scenarios:

You MUST pay if:

You're currently outside the U.S. without a valid H-1B visa (offshore hire)
You need consular processing/visa stamping abroad (even if currently in U.S.)
Your current status expired beyond grace period before H-1B filing

You are EXEMPT if:

Change of Status (COS): Already in U.S. on valid visa (F-1/OPT, L-1, TN, etc.) - most common exemption!
H-1B extension with current employer
H-1B transfer (already in valid H-1B status)
Already have H-1B visa stamp from before Sept 21, 2025

Good news: Most people already in the United States on valid status won't pay this fee when filing for Change of Status. The fee primarily affects offshore hiring.

Starting March 2026 (for FY 2027), the H-1B lottery uses a wage-based weighted selection system. Your employer's offered salary determines your "weight" in the lottery based on OES Wage Levels:

Level 4 (Expert/Senior): 4 entries - best odds
Level 3 (Fully Competent): 3 entries
Level 2 (Experienced): 2 entries
Level 1 (Entry-level): 1 entry - toughest odds

This means a Level 4 applicant has 4x the statistical probability of being selected compared to a Level 1 applicant. The selection is still random within the weighted pool, but higher-paid positions have significantly better chances.

If you're currently in valid F-1 OPT or other work-authorized status, you can continue working. However, if you're changing from a non-work status (like F-1 student or B-1/B-2 visitor), you cannot work until your H-1B is approved and the October 1 start date arrives. For H-1B extensions or transfers, you can typically start working once the petition is filed (cap-gap provisions or portability rules may apply).

Yes! You can transfer your H-1B to a new employer through an "H-1B transfer" (technically a new H-1B petition). Once the new employer files the transfer petition, you can typically start working for them immediately under H-1B portability rules, even while the petition is pending. The new petition doesn't count against the annual cap.

The H-1B is typically limited to 6 years maximum. However, you can extend beyond 6 years if: (1) you have an approved I-140 petition (can extend in 3-year increments), or (2) you've been in the green card process for a certain time (can extend in 1-year increments). Many H-1B holders transition to green cards through EB-2 or EB-3 categories sponsored by their employers.

Not Sure if H-1B or O-1 is Right for You?

Schedule a free consultation to discuss your qualifications and immigration goals. We'll provide honest guidance on the best path forward - whether that's H-1B through our partner law firm or O-1 directly with Otips.

Email Us Call/Text Us

Email: [email protected] | Call/Text: (415) 235-8080

🎯 Otips Specializes in O-1 Visas: If you have extraordinary ability (publications, awards, media coverage, etc.), we can help you avoid the H-1B lottery entirely with an O-1 visa. No annual cap, no lottery, unlimited extensions, and a direct path to EB-1A green card.

Legal Disclaimer: Otips Inc. (DBA Otips) is not a law firm and does not provide legal advice or legal representation. All information provided on this website is for educational and informational purposes only and should not be construed as legal advice. For legal advice regarding your specific immigration matter, please consult with a qualified immigration attorney.

H-1B Services: H-1B visa services are provided through our partner law firm. Otips specializes in O-1 visas, EB-1A, and EB-2 NIW green card applications, and works in partnership with licensed immigration attorneys for H-1B petitions and other legal services.