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Residency

United States — Residency: Work Visa

The H-1B is the main US work visa for specialty occupations; it is capped, selected through registration, and affected by a 2025 proclamation currently in litigation.

VerifiedGovernment / official sourceUSCIS — H-1B specialty occupationsLast reviewed: 2026-10-23

Why this matters

A work visa is required for most foreign nationals seeking to work in the United States, and the process can be a significant hurdle for those not familiar with the system.

Key facts

  • The regular cap is 65,000 a year, with an additional 20,000 for beneficiaries holding a US master degree or higher; up to 6,800 of the 65,000 are set aside for H-1B1 (Chile and Singapore).
  • Each cap registration costs USD 215.
  • A DHS final rule effective 27 February 2026 replaces the random lottery with weighted selection favouring higher skills, used from the FY 2027 cap season.
  • A proclamation of 19 September 2025 requires an extra USD 100,000 payment for certain new H-1B petitions for beneficiaries outside the US.
  • USCIS says on 8 June 2026 a federal court vacated the guidance implementing that payment (State of California v. Mullin); DHS has sought a stay on appeal, so check current enforcement.
  • On 24 August 2026 DHS proposed a USD 103,265 fee for cap-subject H-1B petitions; it is a proposal, not a final rule.

Steps

  1. Step 1: Determine Eligibility — Research the various types of work visas and determine which one may be the most suitable for your situation. Check if you meet the eligibility requirements and gather necessary documents.
  2. Step 2: Obtain a Job Offer and Labor Certification — Secure a job offer from a US employer and obtain a labor certification from the US Department of Labor. This involves demonstrating that the US employer cannot find a qualified US worker to fill the position.
  3. Step 3: File a Petition with USCIS — Submit a petition to USCIS on behalf of the foreign national worker. This involves providing supporting documentation, including the job offer, labor certification, and proof of the worker's qualifications.
  4. Step 4: Apply for a Visa — Once the petition is approved, the foreign national worker can apply for a visa at a US embassy or consulate. This may involve a visa interview, during which the consular officer will review the application and assess the worker's qualifications.

Costs

  • H-1B registration fee: USD 215

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