H-1B visa: frequently asked questions

It is the nonimmigrant visa that lets a US company hire a foreign professional in a specialty occupation — a role requiring at least a bachelor's degree or its equivalent in a specific field. The company files the petition; a worker cannot apply on their own behalf.

The H-1B is global and allocated by selection among hundreds of thousands of registrations. The H-1B1 exists only for Chilean and Singaporean nationals under free trade agreements, has its own 1,400 allocation for Chile, and is processed directly at the consulate with no prior USCIS petition. For a Chilean, the H-1B1 is usually faster and cheaper.

Not in the traditional sense. Registration now runs on a weighted selection system in which factors such as the offered wage level affect the probability of selection. There are still more registrations than visas, so selection is never guaranteed regardless of how qualified the candidate is.

The electronic registration with USCIS opens in March for the fiscal year starting the following 1 October. If selected, the employer files the I-129 petition in the months after. Missing the March window means waiting a full year.

Costs split across the registration fee, USCIS filing fees for the I-129 petition, surcharges that depend on employer size, and legal fees. Most of those fees are the employer's legal obligation, not the worker's. Amounts change by fiscal year, so confirm them before budgeting.

It is the Additional Presidential Proclamation Fee: a one-time payment of US$100,000 imposed on new H-1B petitions filed after Sept 21, 2025 for a professional who is outside the US and will obtain the visa through consular processing. It sits on top of the USCIS filing fees and replaces none of them.

The employer filing the H-1B petition pays it, not the worker. It is charged once per new petition, not per renewal and not per H-4 dependant. For a company, it is a cost that completely changes the decision to hire a professional from abroad through the H-1B route.

Yes. If you already hold valid US immigration status and the employer files a Change of Status from within the country, you are not subject to the fee. That gives anyone already lawfully in the United States a clear strategic advantage over someone who depends on consular processing.

No. The fee applies to H-1B petitions, and the H-1B1 is a separate classification created by the US-Chile Free Trade Agreement. It is processed directly at the consulate with no USCIS petition, so the employer pays neither a petition fee nor that US$100,000. It is one of the H-1B1's biggest advantages.

It is granted for up to three years and can be extended to a six-year maximum. Exceptions allow going beyond that cap when a permanent residence process is underway, mainly where an I-140 petition has been approved or the process has been pending more than 365 days.

Yes. The H-1B allows dual intent, meaning the holder can pursue permanent residence without jeopardising their status. That is one of its advantages over categories such as B-1/B-2 or E-2, where showing immigrant intent can cost you the visa.

Yes, through the H-4 visa for a spouse and unmarried children under 21. An H-4 spouse may work only with employment authorisation, available in narrow cases tied to an advanced permanent residence process by the H-1B holder.

There is a grace period of up to 60 days, or until the end of the authorised period if shorter, to find a new employer to file a transfer petition, change to another status, or depart. It is not automatic — you must act within that window.

Yes. The new employer files an H-1B transfer petition. Under portability you can generally start work once the petition is filed, without waiting for approval. A transfer does not go back through the selection process.