H-1B Visa Requirements in 2026: Eligibility, Fees, and Rules

The H-1B visa remains the main entry route for foreign professionals seeking to work in the United States in specialized occupations. In 2026, the program underwent significant changes, including a new $100,000 fee for certain petitions and expanded social media verification requirements for consular interviews. Understanding each requirement and the recent updates is essential for anyone intending to start or maintain a professional career in the United States.

Basic Eligibility

To qualify for the H-1B, the applicant needs a job offer from a U.S. employer in a specialty occupation, defined as one that typically requires at least a bachelor’s degree or equivalent in the specific field. Fields such as information technology, engineering, sciences, medicine, finance, and education are typical examples of occupations that fall into this category.

The employer must file a Labor Condition Application (LCA) with the Department of Labor, certifying that they will pay the foreign worker the prevailing wage for the region and that hiring will not negatively affect the working conditions of American employees. After the LCA is certified, the employer submits the I-129 petition to USCIS requesting H-1B classification for the beneficiary.

Annual Cap and Lottery

The H-1B program has an annual cap of 65,000 visas for bachelor’s degree holders, with 20,000 additional slots reserved for candidates with a master’s degree or higher obtained from U.S. institutions. Since demand consistently exceeds supply, USCIS conducts an electronic lottery to select the petitions that will be processed. Cap-exempt employers include universities, nonprofit research organizations, and certain government entities.

The period of stay in H-1B status is initially three years, extendable for another three, totaling a maximum of six years. After this period, additional extensions are possible under specific circumstances provided for in the American Competitiveness in the 21st Century Act (AC21).

Required Documentation

Document preparation is a critical step in the process. Essential documents include diplomas and academic transcripts proving the required educational qualification, a valid passport with sufficient validity, a job offer letter detailing position, salary, and responsibilities, and the LCA approved by the Department of Labor. For professionals educated outside the United States, a credential evaluation by an accredited agency may be necessary to demonstrate equivalence to the U.S. educational system.

Petition Fees in 2026

The total cost of an H-1B petition involves multiple fees that are the employer’s responsibility. The base fee for Form I-129 is $780 (reduced to $460 for small employers and nonprofit organizations). The Fraud Prevention and Detection Fee of $500 applies to initial petitions and transfers. The ACWIA fee is $1,500 for companies with 26 or more employees ($750 for smaller companies). The Asylum Program Fee of $600 also applies to employers with 26 or more full-time employees.

The most impactful change in 2026 is the $100,000 fee established by Presidential Proclamation 10973, signed in September 2025. This fee applies to new H-1B petitions for beneficiaries seeking entry to the United States from abroad via consular processing. Beneficiaries already present in the U.S. in valid status, such as F-1 students eligible for change of status, are exempt. Payment must be made through the Pay.gov system before petition submission and does not replace other fees. According to data from April 2026, about 64% of American hospitals paused or limited recruitment of H-1B professionals due to this fee, with especially acute impact in rural areas dependent on foreign doctors.

Social Media and Consular Interview

Starting December 15, 2025, the Department of State requires H-1B applicants and their H-4 dependents to make all social media profiles public before the consular interview. Platforms such as Facebook, Instagram, X (formerly Twitter), LinkedIn, YouTube, TikTok, and Reddit are included in the verification. Consular officers compare the profile information with the data provided on the DS-160 form and in the petition documents.

Discrepancies may trigger additional security reviews or administrative processing, resulting in significant delays in visa issuance. Red flags include hostility toward the U.S., support for terrorism, and attempts to exploit American research. This requirement does not apply to H-1B or H-4 holders already in the United States.

Extensions under AC21

The AC21 allows H-1B extensions beyond the six-year limit in three-year increments for professionals who meet specific criteria. To qualify, the beneficiary must have an approved I-140 petition and be waiting for an immigrant visa number to become available due to Visa Bulletin backlogs. This provision is particularly relevant for nationals of India and China, who face years-long wait times in the EB-2 and EB-3 categories.

AC21 also allows for job portability: the professional can change employers as long as the new position also qualifies as a specialty occupation and the new employer submits a new H-1B petition on their behalf.

Alternatives: H-4 EAD and O-1

Spouses and children under 21 of H-1B holders may enter the United States with the H-4 visa. Spouses of H-1B beneficiaries who have an approved I-140 petition or who are in an extension period under AC21 may apply for an Employment Authorization Document (EAD), which allows them to work legally in the U.S. This right was confirmed by the D.C. Circuit Court of Appeals in August 2024, consolidating important protection for H-1B professional families.

For professionals with extraordinary ability in sciences, arts, education, business, or athletics, the O-1 visa is an alternative that is not subject to the H-1B annual cap or the $100,000 fee. Although the qualification criteria are more stringent, requiring sustained national or international recognition, the O-1 offers significant flexibility for those with a proven record of excellence.

Modernization Rule

In January 2025, the H-1B modernization rule came into effect, updating the definition of specialty occupation and beneficiary eligibility criteria, as well as simplifying certain aspects of the petition process. The rule also strengthened fraud investigation mechanisms by the Department of Homeland Security, allowing for more intensive audits and inspections of suspected employers.

A weighted selection by salary system is under discussion and may, in the future, prioritize higher-paid professionals in the H-1B lottery, significantly changing the current random selection dynamic. Keeping up with these regulatory changes is essential for employers and professionals who rely on the H-1B program as a temporary immigration route to the United States.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.