H-1B Visa 2026: Complete Guide for Employers and Workers

The H-1B visa has long been a cornerstone of American immigration policy, enabling employers to hire specialized workers from around the world and providing skilled professionals with pathways to work in the United States. As we head into 2026, the H-1B visa landscape continues to evolve, with changes to the lottery system, registration processes, and eligibility requirements. Whether you’re an employer seeking to sponsor talented international workers or a professional hoping to obtain an H-1B visa, understanding the 2026 process is essential to success.

At the Law Office of Miguel Palmeiro, LLC in Arlington, Virginia, we have guided employers and workers through the H-1B process for years. In this comprehensive guide, we break down what you need to know about H-1B visas in 2026, from the registration process and selection lottery to filing requirements and the pathway from H-1B to permanent residence.

What Is the H-1B Visa?

The H-1B visa is a non-immigrant visa category that allows U.S. employers to temporarily employ foreign workers in specialty occupations. A specialty occupation is generally defined as one that requires a minimum of a bachelor’s degree or higher in a specific field of study. Common H-1B professions include software engineers, data scientists, medical professionals, accountants, architects, and researchers.

The H-1B visa is employer-sponsored, meaning your employer must file a petition on your behalf. The visa is valid for an initial period of three years, with the possibility of extending for an additional three years, allowing workers to remain in the United States for up to six years on H-1B status. During this time, workers can pursue employment-based green card sponsorship, creating a potential pathway to permanent residence.

Who Qualifies for the H-1B Visa?

To be eligible for H-1B sponsorship, you must meet several criteria. First, the position must qualify as a specialty occupation, requiring at least a bachelor’s degree in a directly related field. Your employer must demonstrate that they cannot find qualified U.S. workers to fill the position and must pay you the prevailing wage determined by the Department of Labor. Additionally, your employer must comply with various recruitment and attestation requirements, ensuring that hiring an H-1B worker will not displace U.S. employees or negatively impact working conditions.

Your educational background is also critical. You must possess at least a bachelor’s degree from an accredited institution or have equivalent work experience. In some cases, you may qualify with certifications or specific professional licenses, but the standard requirement is a four-year degree. If you’re pursuing your degree outside the United States, you’ll need to ensure it’s recognized as equivalent to a U.S. bachelor’s degree.

Understanding the 2026 H-1B Registration and Lottery System

The H-1B visa program is subject to annual cap limits. The general cap is set at 65,000 visas per fiscal year, with an additional 20,000 visas available under the advanced degree exemption (for workers with U.S. master’s degrees or higher). In recent years, the number of H-1B petitions has far exceeded the available quota, resulting in a lottery system to determine which applications proceed.

The current registration process works as follows: During a specified registration period each fiscal year, employers and immigration attorneys file registrations on behalf of prospective H-1B workers. Unlike in the past, this is now an initial registration step, not the full petition. After the registration period closes, USCIS conducts a lottery drawing to select which registrations will be invited to file complete petitions. Only registrations selected in the lottery proceed to the full filing stage.