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PerplexityIn order to get an H-1B visa in 2026, you must have a U.S. bachelor’s degree or its equivalent in a field directly related to your employment. The employment must be a specialty occupation; the U.S. employer must file a certified LCA and pay the proper wage. And cap-subject workers are selected using a weighted lottery.
What Is the H-1B Visa?
The H-1B is an employer-sponsored, temporary work visa that can be issued for up to 3 years at a time. Total H-1B time is generally capped at 6 years, but it is also a dual intent visa which means that you can apply for a green card via PERM or self-petition without falling out of status (USCIS).
What Are the Degree Requirements?
You must have a U.S. bachelor’s degree or higher or have an equivalent foreign qualification. You must have a degree relating to the role.
If you do not have a degree then USCIS will accept experience using their “three-for-one” rule (8 CFR 214.2(h)(4)(iii)(D)(5). This means that 3 years of specialized experience with increasing responsibility could be awarded as one year of university study.
- A 3 year Indian bachelor’s degree will generally require one further year of study or 3 years experience to achieve equivalence.
- A credential evaluation from a recognized service is usual.
- Experience letters detailing the roles undertaken, dates, and skills learnt are useful.
What Counts as a Specialty Occupation?
Specialty occupations require advanced knowledge and application of specialised knowledge. Normally a bachelor’s degree in a specific speciality is required. The modernisation rule in January 2025 clarified that the degree should be “directly related” to the job role. However, it may be obtained from more than one discipline.
Source: USCIS Policy Manual, Vol. 2, Part H.
If any of the following apply:
1. The job typically requires a particular degree level;
2. The degree requirement is typical of comparable jobs within the industry;
3. The employer typically requires a degree for this role;
4. The job tasks are so specialised/complex that they require a degree level of knowledge.
Titles aren’t very important here. USCIS will look at what the job entails so if it is too vague you’ll often get an RFE.
What Must Your Employer Do?
The majority of the compliance responsibility lies with the employer. An LCA must be obtained and certified by the Department of Labour (DOL) before submission of Form I-129.
- Pay the higher of two rates – the actual rate paid to similar employees or the prevailing wage rate.
- The LCA needs to be displayed either on site or electronically for 10 working days.
- No benching – the employee must still be paid the correct rate during unproductive time caused by the employer.
- There must be a genuine job offer, and the employer has the right to control the work. This means that third-party placements are subjected to more scrutiny.
There is a cost involved. A $100,000 fee was introduced for certain new petitions for foreign workers by Proclamation 10973, issued on September 19, 2025. The fee applies to certain H-1B petitions, specifically those for people outside the U.S. who need H-1B visas to enter. However, a Federal Court in Massachusetts found it unlawful on 8th June 2026. The extension of this fee was also struck down by a court in California on 30th September 2026.
A second proclamation on September 18, 2026 extended the requirement through September 21, 2027. On September 30, 2026, a court in California blocked the policies that implement it. The government has appealed.
Separately, on August 25, 2026, DHS proposed a separate $103,265 fee for every cap-subject H-1B petition.
Source: University of Colorado ISSS
How Does the H-1B Cap and Lottery Work?
Congress has set a limit of 65,000 new H-1Bs plus 20,000 for U.S. master’s degree holders per fiscal year. Employers register each candidate online. USCIS chooses from the pool of candidates.
Since February 27, 2026, it is weighted according to the level of wages being offered:
| Offered wage level | Entries in the lottery |
| Level IV | 4 |
| Level III | 3 |
| Level II | 2 |
| Level I | 1 |
USCIS estimates Level I selection odds at 15.29%, a 48% drop.
Source: Federal Register, Dec. 29, 2025
Who Is Cap-Exempt?
Certain employers are exempt and can apply at any time of year:
- University or associated/affiliated non-profit organizations.
- Non-profit research organizations.
- Government research organizations.
Workers who have already been counted in the cap over the last 6 years will usually be exempt from the cap if they change employers.
What Are the Alternatives If You Don’t Qualify or Aren’t Selected?
There are three options where you don’t need to win the lottery. No employer sponsorship is needed for EB-1A and EB-2 NIW:
| Pathway | Sponsor needed? | Core standard |
| O-1A | U.S. employer or agent | Extraordinary ability, 3 of 8 criteria |
| EB-1A | None (self-petition) | Extraordinary ability, 3 of 10 criteria plus final merits |
| EB-2 NIW | None (self-petition) | Matter of Dhanasar three-prong test |
Indian nationals should check the Visa Bulletin to see how long it takes to get a green card.
Not Selected? How EB-1A Works as an H-1B Alternative
There are two stages to an EB-1A petition. First you need to satisfy 3 of 10 criteria from the regulations (Kazarian v. USCIS, 9th Cir. 2010). Second, USCIS considers all the evidence in a final merits review (USCIS Policy Manual Vol. 6 Part F). Many petitions will be denied at stage two.
Evidence for final merits:
- Evidence of consistent recognition over a period of several years.
- Independent letters from experts detailing the impact.
- Evidence of citations, adoption/usage.
- Evidence of salary benchmarks indicating you earn within the top bracket of your field.
- Evidence of press interest in you personally.
- Clear statements that you will continue to work in the field in the USA.
What Are the Alternatives If You Don’t Qualify or Aren’t Selected?
There are three options where you don’t need to win the lottery. No employer sponsorship is needed for EB-1A and EB-2 NIW:
| Pathway | Sponsor needed? | Core standard |
| O-1A | U.S. employer or agent | Extraordinary ability, 3 of 8 criteria |
| EB-1A | None (self-petition) | Extraordinary ability, 3 of 10 criteria plus final merits |
| EB-2 NIW | None (self-petition) | Matter of Dhanasar three-prong test |
Indian nationals should check the Visa Bulletin to see how long it takes to get a green card.
Conclusion
The H-1B requirements are the same in 2026. You will still need a qualifying degree, a real specialty occupation, and an employer that fulfills its LCA responsibilities. However, there are some changes to the cap process. The wage-weighted lottery system means that higher offered wages will be favored, and there are still issues with the fees.
FAQs
A relevant bachelor’s degree (or equivalent), a job offer in a specialty occupation, and a sponsoring employer in the USA.
The employer will lodge a certified LCA along with Form I-129 to USCIS. Cap-subject cases must pass a wage-weighted lottery.
A position that would typically require a minimum of a bachelor’s degree in a specific related field.
Your role must fall into one of four categories set out by USCIS. This is based on the nature of the duties, not the title. Multiple fields may be used if they’re all clearly related to the role.
No. You can provide a degree from abroad that has been assessed as being equivalent to a U.S. bachelor’s degree.
Alternatively, you can substitute three years of specialized experience for one year of study. If you have a U.S. master’s degree, then you also qualify for the 20,000 advanced degree cap.
The employer must lodge a certified LCA. They’ll have to pay the correct wage and have an actual employer/employee relationship.
The LCA must show that the employee will be paid the higher of the actual wage or the prevailing wage. The employer cannot put your H-1B employee on the bench.
There are 65,000 regular cap H-1B visas plus 20,000 for U.S. master’s holders, for 85,000 in total, each financial year. Of these, 20,000 are for those with an advanced degree from the U.S. Each March, employers will register their candidate(s). USCIS will then select from the pool. From FY 2027, there will be four entries for those on Level IV wages and one entry for those on Level I.
Universities, associated non-profits and non-profit or government research organizations can submit without going through the lottery.
They can submit throughout the year. Usually those who have been counted towards the cap in the last 6 years will also be exempt.
November 11, 2026 
