Can I work remotely from another country while in H-1B status?

Extended remote work from abroad creates several complex issues. When you work from outside the U.S., you are generally not accruing H-1B time. Short business trips abroad are typically fine, but extended remote work (multiple months) should be discussed with immigration counsel before implementation.

Does my spouse need to maintain H-4 status if they have another valid status?

No. Your spouse can maintain their own independent immigration status rather than H-4 status. For example, your spouse could hold F-1 student status, their own H-1B status, L-2 status, or any other valid nonimmigrant status. H-4 is a derivative status based on your H-1B, but it is not mandatory.

What's the difference between H-1B transfer and H-1B amendment?

H-1B transfer: Changing employers entirely. A new company files a new H-1B petition to sponsor you. You can start working for the new employer once the petition is properly filed. H-1B amendment: Staying with the same employer but making material changes to the employment terms (such as significant change in duties, work location, or salary reduction). The same employer files an amended petition.

Can I apply for H-1B while on OPT?

Yes, this is very common. Many F-1 students on Optional Practical Training (OPT) apply for H-1B through their employer. If selected in the lottery and approved, you can use Cap-Gap extension to bridge the time between your OPT expiration and the October 1 H-1B start date.

What if my H-1B petition is denied?

If USCIS denies your H-1B petition, you typically must leave the United States unless you have another valid immigration status. Options after denial include: (1) Motion to Reconsider or Reopen, (2) Refile with a new petition addressing the denial reasons, (3) Change of Status to another valid status, or (4) Depart the U.S. Consult with an immigration attorney immediately upon receiving a denial.

Is there a minimum salary requirement for H-1B?

Yes. You must be paid at least the higher of: (1) the prevailing wage for your occupation in your geographic area (determined through the Department of Labor's prevailing wage determination process), or (2) the actual wage that the employer pays to similarly situated workers. The prevailing wage varies significantly by occupation, location, and experience level.

Can I have two H-1B petitions at the same time?

Yes, you can work for multiple employers if each has an approved H-1B petition for you. This is called concurrent H-1B employment. Each employer must file a separate H-1B petition, obtain a separate LCA, and pay all required fees. You can work part-time or full-time for each employer, as long as you comply with the terms of each approved petition.

How does H-1B work for nonprofit organizations?

Certain nonprofit organizations qualify for cap-exempt H-1B filing, which means they can file H-1B petitions year-round without going through the lottery. To be cap-exempt, the organization must be: (1) an institution of higher education, (2) a nonprofit entity affiliated with an institution of higher education, (3) a nonprofit research organization, or (4) a governmental research organization.

Can I travel outside the U.S. while my H-1B petition is pending?

Yes, but with important caveats. If you travel while an H-1B petition is pending and you do not yet have an H-1B visa stamp, you will need to obtain the H-1B visa stamp at a U.S. consulate abroad before you can reenter. Many beneficiaries choose to remain in the U.S. while their initial H-1B petition is pending, or use premium processing to ensure approval before traveling.

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H-1B Visa Guide (2026): Eligibility, Lottery Changes, Fees, and the $100,000 H-1B Fee Explained

The H-1B is the primary U.S. work visa for professionals in specialty occupations. Though I am an immigration lawyer in Chicago, I assist employees and employers with H-1B visas all over the country. This page explains how the H-1B works, who qualifies, how the cap lottery works (including the new wage-weighted selection for FY 2027), what the government fees look like today, and what changed recently (including the $100,000 H-1B fee for certain new filings).

Comparing options? See our
Nonimmigrant Work Visas overview
and alternatives such as
O-1,
TN,
E-3, and
H-1B1 (Chile/Singapore).

Jump to a section

1) What H-1B is
2) Cap vs. cap-exempt
3) Lottery / FY 2027 change
4) Recent changes
5) $100,000 fee
6) Fee breakdown
7) Extensions / transfers
8) Cap-exempt employers
9) Timeline
10) H-4
11) H-1B to green card
FAQs
Consultation

1) What the H-1B Is (and Who Qualifies)

The H-1B allows a U.S. employer to hire a foreign national temporarily in a position that qualifies as a
specialty occupation.
As a practical matter, most approvable cases show:

A qualifying position (the role normally requires a specific bachelor’s degree or higher in a directly related field).
A qualified beneficiary (degree/credentials that match the role, plus any required licenses).
A real employer–employee relationship (evidence of supervision, work product expectations, end-client documentation when applicable).
Wage and working-condition compliance through a Labor Condition Application (LCA).

The employer must generally obtain a certified LCA through the Department of Labor before filing the petition. See DOL’s portal:
FLAG (LCA filing).

2) Cap-Subject vs. Cap-Exempt (Timing Matters)

Most private-sector H-1Bs are cap-subject. Congress sets an annual cap of 65,000 new H-1Bs per fiscal year,
plus 20,000 additional numbers for certain U.S. advanced degree holders (the “master’s cap”).

Some employers and situations are cap-exempt (for example, many universities and certain nonprofit or research organizations).
Cap-exempt cases can often be filed year-round, but the analysis is fact-specific.

Cap-subject petitions (if selected) typically request an employment start date of October 1. USCIS guidance:
H-1B Cap Season.

3) Lottery and Registration: FY 2026 Results and What’s Changed for FY 2027

For cap-subject cases, employers start with electronic registration during a USCIS-announced window. Registration is submitted through a USCIS online account. Selected registrations receive a filing window for the full H-1B petition.

FY 2026 Lottery (Completed)

The FY 2026 H-1B cap lottery has been completed. USCIS received approximately 336,153 unique beneficiary registrations and selected 118,660, representing a 35.3% selection rate. The cap was reached after the initial selection round, and no second lottery was conducted. Key dates for FY 2026 were:

Registration period: March 7 – March 24, 2025
Selection notifications: By March 31, 2025
Filing window: April 1 – June 30, 2025
Employment start date: October 1, 2025

FY 2027 Lottery: New Wage-Weighted Selection Process

DHS has finalized a major change to the H-1B selection process effective February 27, 2026. Beginning with the FY 2027 registration season (expected March 2026), USCIS will replace the random lottery with a wage-weighted selection system that favors higher-paid positions.

Under the new system, each unique beneficiary will be entered into the selection pool multiple times based on the OEWS wage level associated with the offered position:

Level IV wage: 4 entries in the lottery pool
Level III wage: 3 entries in the lottery pool
Level II wage: 2 entries in the lottery pool
Level I wage: 1 entry in the lottery pool

Key implications for employers

New registration requirements: Employers must now provide SOC code, area(s) of intended employment, and the highest OEWS wage level the proffered wage equals or exceeds during registration.
Consistency is critical: USCIS will compare registration data against petition submissions. Inconsistencies between registration wage level, SOC code, or work location and the actual petition may result in RFEs, denials, or revocations.
Multiple registrations: If a beneficiary has multiple registrations at different wage levels, USCIS will assign the beneficiary to the lowest wage level among them for selection weighting.
Entry-level positions still eligible: Level I positions can still be selected—they simply have lower odds than higher-wage positions.

The beneficiary-centric selection process remains in place (one selection per unique beneficiary regardless of how many employers register them). The master’s cap also continues, with weighting applied to both pools.

Registration fee: The $215 registration fee per beneficiary remains in effect. Overview:
H-1B Electronic Registration Process.

4) Recent Program Changes and What They Mean in Practice

DHS implemented a major H-1B modernization rule effective in 2025. In practice, employers should expect:

More focus on specialty-occupation fit (degree field vs. actual duties, and how the role is normally staffed in the industry).
More documentation for third-party placements (end-client letters/SOWs, supervision, and work location details).
More scrutiny on consistency across the LCA, position description, SOC code, wage level, itinerary, and supporting exhibits.

Extended Cap-Gap for F-1 Students

DHS has extended the automatic cap-gap period for F-1 students transitioning to H-1B status. Previously, the cap-gap extension was valid only until October 1. Under the new rule, the automatic extension now continues until April 1 of the following calendar year.

If your goal is long-term work authorization and a green card strategy, see:
Employment-Based Green Cards
and
PERM Labor Certification.

5) The $100,000 H-1B Fee: What It Is and Who It Affects

On September 19, 2025, President Trump signed a Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers” that imposed a $100,000 fee on certain H-1B petitions. This fee is separate from the usual H-1B filing fees (I-129, ACWIA, Fraud Fee, etc.).

Who Must Pay the $100,000 Fee

The fee applies to new H-1B petitions filed on or after 12:01 a.m. EDT on September 21, 2025, where the beneficiary is outside the United States and will need to enter on the new H-1B petition. This includes:

New H-1B cap petitions for beneficiaries abroad (including FY 2026 lottery selections filed after September 21, 2025)
Any new H-1B petition where the beneficiary must obtain a visa abroad and enter the U.S. based on that petition

Who Does NOT Pay the $100,000 Fee

The fee does not apply to:

H-1B extensions with the same employer: Renewals and extensions do not trigger the fee.
Current H-1B holders traveling internationally: Existing H-1B visa holders can continue to travel without paying the fee.
Petitions filed before September 21, 2025: The fee applies only prospectively.
Change of status within the U.S.: Individuals who change status to H-1B while remaining in the U.S. are not subject to the fee.
H-1B transfers for workers already in the U.S.: If the beneficiary is already in valid H-1B status, a transfer typically does not trigger the fee.

Who pays?

Under Department of Labor rules, employers are generally required to pay petition-related costs. As written here, the employer must pay the $100,000 fee and it should not be passed to the worker.

Current Legal Status

The $100,000 fee has been challenged in multiple federal lawsuits. On December 23, 2025, the U.S. District Court for the District of Columbia upheld the legality of the Proclamation, ruling that the President has authority under INA § 212(f) to impose such requirements. Additional legal challenges remain pending, and the policy could be modified by future court orders or agency guidance.

The Proclamation is currently set to expire 12 months after its effective date (September 21, 2026), absent extension. Employers should confirm current requirements immediately before filing any affected petition.

Strategic Considerations

Change of status vs. consular processing: If the beneficiary can enter in another category and change status in the U.S., the fee does not apply.
Alternative visa categories: O-1, L-1, TN, E-2, and other work visas are not subject to the $100,000 fee.
Timing considerations: Beneficiaries in the U.S. should avoid travel while petitions are pending if departure could force consular processing.

6) Understanding H-1B Costs: Complete Fee Breakdown

The total cost of an H-1B petition varies by employer type and situation. Here’s what to expect for a complete filing under the current fee schedule (effective April 1, 2024):

Standard USCIS Filing Fees

Form I-129 base filing fee: $780 (standard) or $460 (small employers with 25 or fewer employees, and nonprofits)
ACWIA Training Fee: $750 (1–25 U.S. employees) or $1,500 (26+ U.S. employees)
Fraud Prevention and Detection Fee: $500 (initial petitions and when changing employers; not required for extensions with same employer)
Asylum Program Fee: $600 (standard) or $300 (small employers with 25 or fewer employees). Nonprofits are exempt
Premium Processing (optional): $2,805 for 15-business-day processing

Additional Fees (When Applicable)

H-1B Registration Fee: $215 per beneficiary
Public Law 114-113 Fee: $4,000 (if the employer has 50+ U.S. employees and more than 50% are in H-1B or L-1 status)
$100,000 fee: Applies to certain new H-1B petitions for beneficiaries outside the U.S. (see Section 5)

Who Pays Which Fees?

Employer must pay: I-129, ACWIA, Fraud Fee, Asylum Program Fee, PL 114-113 (if applicable), and the $100,000 fee (if applicable)
Beneficiary may pay: Premium processing (commonly permitted)
Either party may pay: Attorney fees (often employer-paid)

Total Cost Examples

Example: Small employer (25 or fewer employees), initial H-1B

I-129: $460
ACWIA: $750
Fraud Fee: $500
Asylum Fee: $300
Total: $2,010 (plus $215 registration if cap-subject; plus $2,805 if premium)

Example: Large employer (26+ employees), initial H-1B

I-129: $780
ACWIA: $1,500
Fraud Fee: $500
Asylum Fee: $600
Total: $3,380 (plus $215 registration; plus $2,805 if premium; plus $4,000 if H-1B/L-1 dependent)

Confirm current fees with the
USCIS Fee Calculator.

7) H-1B Extensions, Transfers, and Amendments

Once you have H-1B status, several scenarios may require filing a new or amended petition. Understanding the rules for extensions, transfers, and amendments is critical for maintaining lawful status.

H-1B Extensions

H-1B status is initially granted for up to 3 years and can typically be extended once for an additional 3 years (6 years total maximum).

240-Day extension rule: If an extension is filed before your current H-1B expires, you can continue working up to 240 days while USCIS processes it (same employer).

Extensions Beyond 6 Years

I-140 approved, visa number not available: Potential 3-year extensions beyond 6 years.
PERM or I-140 pending 365+ days: Potential 1-year extensions beyond 6 years.

These provisions are commonly associated with AC21. See:
Employment-Based Green Cards.

H-1B Transfers (Changing Employers)

Portability: You can generally start with the new employer once the petition is properly filed and you have the receipt notice.
Time continues: A transfer does not reset the 6-year clock.
Risk: If denied, work authorization ends immediately.
$100,000 fee generally does not apply: Transfers for workers already in the U.S. typically do not trigger the fee.

Amended H-1B Petitions

Job duties change (materially)
Work location changes beyond the LCA area
Salary reduces below LCA wage
Remote work changes that require LCA coverage
Third-party placement changes or end-client changes

Compliance point: Consult counsel before implementing material changes; some changes may require a new LCA before filing an amendment.

8) Cap-Exempt H-1B Employers: Detailed Requirements

Not all H-1B petitions are subject to the annual cap. Cap-exempt employment can offer year-round filing and no lottery.

Year-round filing availability
No lottery/registration requirement
Potentially faster start dates
No $215 registration fee

Who Qualifies as Cap-Exempt

Institutions of Higher Education:

Accredited institutions offering at least a 2-year program leading to a degree
Includes public and private universities
Affiliated nonprofit entities may qualify (analysis required)
Community colleges generally qualify

Nonprofit Research Organizations:

Nonprofit entity or governmental research organization
Primary mission is basic or applied research
Examples: certain research institutes and research divisions of nonprofit hospitals

Government Research Organizations:

Federal, state, or local government research entities
National laboratories and government-affiliated research facilities

Critical Analysis: “Related or Affiliated” Nonprofits

Nonprofit is related to or affiliated with a qualifying institution
Entity is nonprofit (501(c)(3) or similar)
Connection is documented (shared governance, formal agreements, collaboration, etc.)

Switching from Cap-Exempt to Cap-Subject Employment

If you have time left on the 6-year clock, you may be able to transfer without a new lottery selection (fact-specific).
If you exhausted 6 years in cap-exempt H-1B status, you may need to leave for one year or be selected in the cap lottery for a new H-1B.
Time in cap-exempt H-1B counts toward the 6-year maximum.

9) H-1B Processing Timeline: What to Expect

Understanding H-1B processing timelines helps with planning, especially when coordinating employment start dates or international travel.

Cap-Subject Cases: FY 2027 Timeline (Anticipated)

March 2026: Registration window opens (typically 2–3 weeks). $215 per beneficiary.
Late March 2026: USCIS runs wage-weighted selection and posts selections.
April – June 2026: 90-day filing window for selected registrations.
Summer 2026: USCIS adjudication; premium offers 15-business-day service.
October 1, 2026: Earliest start date for FY 2027 cap-subject approvals.

Standard Processing Times

Standard processing: Often 3–6 months (varies by service center and case type)
RFE impact: RFEs can add weeks to months; responses are time-limited
Check current times: USCIS Processing Times

Premium Processing

Premium processing ($2,805) provides 15-business-day service for the agency’s next action (approval, denial, or RFE). If an RFE is issued, the 15-day clock restarts after USCIS receives the response.

10) H-4 Dependent Status for Spouses and Children

H-1B visa holders can bring immediate family members to the United States in H-4 dependent status.

Who Qualifies?

Spouse (legally married)
Unmarried children under 21

What H-4 Allows

Live in the U.S. while the H-1B principal remains in valid status
Study without needing F-1 status
Travel with a valid H-4 visa stamp

Limitation: H-4 status alone does not authorize employment.

H-4 Work Authorization (EAD)

I-140 approved for the H-1B principal, or
H-1B extended beyond 6 years under AC21 provisions

11) H-1B to Green Card: Understanding Your Long-Term Options

Many H-1B holders pursue permanent residence (green card) as a long-term goal. Planning early matters because H-1B is generally limited to 6 years unless you qualify for extensions tied to the green card process.

The most common path is employment-based sponsorship through EB-2 or EB-3, typically involving PERM, I-140, and adjustment of status or consular processing.

See:
Employment-Based Green Cards
and
PERM Labor Certification.

If you are married to a U.S. citizen, you may have a separate route to permanent residence. See:
Marriage-Based Green Cards.

H-1B Frequently Asked Questions

Does the $100,000 fee apply to H-1B transfers?

Generally no, if you are already in valid H-1B status in the United States. The $100,000 fee applies to new H-1B petitions where the beneficiary is outside the U.S. and must enter based on the new petition. If you are in the U.S. in H-1B status and transfer to a new employer while remaining in the U.S., the fee typically does not apply. If you must re-enter the U.S. based on a new petition, consult counsel about whether the fee could be triggered.

How does the new wage-weighted lottery work?

Beginning with FY 2027 (registration in March 2026), USCIS weights selection odds by wage level:

Level IV wage = 4 entries
Level III wage = 3 entries
Level II wage = 2 entries
Level I wage = 1 entry

Higher-paid positions have better odds. Employers must provide SOC code, work location, and wage level during registration, and USCIS will review consistency when adjudicating the petition.

Can I start my own company while on H-1B status?

Potentially, but it is complex. A company sponsoring you must show a legitimate employer–employee relationship and the right to control your work, which is difficult if you are the majority owner. If you want to start a business, consult counsel about ownership structure and alternatives (including O-1 or a green card-first strategy).

What happens if I lose my job while in H-1B status?

If your H-1B employment ends, you typically have a 60-day grace period (or until your I-94 expires, whichever is shorter) to find a new sponsor, change status, or depart. You cannot work unless and until you have work authorization.

What is the F-1 cap-gap extension?

Cap-gap can extend F-1 status (and OPT, if applicable) for eligible students whose employers file a timely cap-subject H-1B petition requesting change of status, bridging the gap to the H-1B start date. Under a recent DHS change discussed above, the extension may continue further if the petition remains pending.

How long can I stay in the U.S. on H-1B status?

The standard maximum is 6 years (3 years + 3 years). Extensions beyond 6 years may be available if your case is in the employment-based green card process and meets specific timing requirements (e.g., I-140 approval with no visa number available, or PERM/I-140 pending 365+ days).

12) Schedule a Free H-1B Consultation

H-1B cases involve complex requirements, strict deadlines, and high stakes. Whether you’re an employer evaluating sponsorship under the new wage-weighted selection process or a professional navigating cap timing, fees, extensions, transfers, or the path to permanent residence, experienced legal guidance can reduce risk and improve outcomes.

The Law Office of Justin G. Randolph helps with: