Temporary work visa
What is the H-1B visa?
The H-1B is a temporary U.S. work visa that lets an employer hire a foreign worker in a specialty occupation — a role that normally requires at least a bachelor's degree (or its equivalent) in a specific field. It is employer-sponsored and subject to an annual numerical cap.
Primary legal authority
- INA §101(a)(15)(H)(i)(b) — Defines the H-1B specialty-occupation classification.
- 8 CFR §214.2(h)(4) — Sets out the specialty-occupation requirements and petition standards.
- INA §214(g)(1) — Establishes the annual statutory cap on new H-1B numbers.
- INA §214(g)(5) — Exempts certain employers (institutions of higher education and affiliated/nonprofit and government research organizations) from the cap.
Specialty occupation + the cap
The role must qualify as a specialty occupation and the worker must hold the required degree (or equivalent). The employer files a Labor Condition Application with the Department of Labor and then Form I-129 with USCIS.
New cap-subject H-1Bs are limited each fiscal year. Because demand exceeds supply, USCIS runs an electronic registration and random selection (the H-1B lottery) before petitions are filed.
Cap-exempt employers
Under INA §214(g)(5), petitions filed by institutions of higher education, related or affiliated nonprofit entities, and nonprofit or governmental research organizations are exempt from the annual cap — so those employers can file H-1Bs year-round without the lottery.
Frequently asked questions
What is a specialty occupation for the H-1B?
A role that normally requires at least a bachelor's degree (or equivalent) in a specific specialty, as defined in INA §101(a)(15)(H)(i)(b) and 8 CFR §214.2(h)(4).
Is the H-1B subject to a lottery?
Cap-subject H-1Bs are. Because annual demand exceeds the statutory cap under INA §214(g)(1), USCIS runs an electronic registration and random selection before petitions are filed.
Which employers are H-1B cap-exempt?
Under INA §214(g)(5): institutions of higher education, related or affiliated nonprofits, and nonprofit or governmental research organizations. They can file year-round outside the cap.
JustiGuide provides legal information, not legal advice, and is not a law firm. This page is a general overview and is not a substitute for advice about your specific situation from a licensed immigration attorney. Last reviewed 2026-05-27.