H-1B and Work Visas

H-1B and work visas, explained

The H-1B lottery and its alternatives, time limits, job changes, family, travel, and the 2026 fee developments. Each topic links to a detailed guide.

Updated October 21, 2026

Topics

What to know about the H-1B

The lottery and cap-exempt employers
Employers register each spring, USCIS selects registrations to reach the cap, and selected registrants can generally file cap petitions starting April 1. Beginning with the FY 2027 cap season, selection uses a weighted process that generally favors registrations at higher wage levels. H-1B workers employed at universities, affiliated nonprofits, and nonprofit or governmental research organizations are exempt from the annual cap and lottery.
- H-1B cap season
- Cap-exempt H-1B employers
The 2026 fee developments
The $100,000 payment set by presidential proclamation and DHS's separate proposed $103,265 fee for cap-subject petitions are changing quickly, through court rulings, appeals, and a pending rulemaking. Neither measure, as written, applies to O-1, L-1, NIW, or EB-1A petitions. Verify the current status before making filing decisions.
- Where the H-1B payment and proposed fee stand
The six-year limit and the green card
An approved I-140, or a PERM application or I-140 filed at least 365 days earlier, can allow H-1B extensions beyond the six-year limit. H-1B workers may pursue a green card without it counting against their temporary status.
Changing jobs or losing a job
H-1B portability lets you start a new H-1B job when the petition is filed, or on the requested start date if later. After a job ends, H-1B workers have up to 60 days, or until the I-94 ends if sooner, once per validity period. No work is allowed during the grace period without separate authorization. DHS has proposed eliminating the grace period; the proposal is not in effect.
- The 60-day grace period
- Changing jobs during the green card process
Spouses
H-4 status does not itself authorize work. An H-4 spouse needs an H-4 EAD, available only if the H-1B worker has an approved I-140 or an AC21 extension beyond six years. For renewals filed on or after October 30, 2025, an H-4 EAD is no longer automatically extended while a renewal is pending.
- Can my spouse work?
Travel and visa stamps
A USCIS approval notice is not a visa; most travelers also need a visa stamp from a U.S. consulate, and since October 1, 2025, most H-1B applicants need an in-person interview. Administrative processing can delay issuance, so plan travel and start dates with margin.
- Getting the visa stamp abroad
Students on OPT
DHS has proposed fees of $70,000 for a student's first OPT and $30,000 for each later OPT, including the STEM OPT extension. The rule is not in effect.
- The proposed OPT fees