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What the H-1B is
8 U.S.C. 1184(i)(1) defines a specialty occupation as one requiring theoretical and practical application of highly specialized knowledge and at least a bachelor's degree in the specific specialty, or its equivalent, for entry. Common examples are engineers, systems analysts, accountants and university lecturers.
You cannot apply for an H-1B on your own. A US employer files Form I-129 with USCIS, with a Labor Condition Application certified by the Department of Labor. After USCIS approval, the beneficiary in Thailand applies for the visa at the US Embassy. Spouses and children use H-4 visas.
The cap and the lottery
The cap. 8 U.S.C. 1184(g)(1)(A) sets the H-1B cap at 65,000 a year, and (g)(5)(C) exempts a further 20,000 holders of a master's or higher degree from a US institution of higher education. Under (g)(5)(A) and (B), workers employed or offered employment at institutions of higher education, nonprofit research organizations or governmental research organizations are cap-exempt.
Registration. Employers register beneficiaries electronically before filing cap-subject petitions; the fee is USD 215 per registration under 8 CFR 106.2(c)(11).
Weighted selection. 90 FR 60864, effective 27 February 2026 and applying from the FY 2027 registration season, enters each beneficiary into the selection pool according to the highest OEWS wage level that the offered wage equals or exceeds for the occupation and area of employment. It also applies to the advanced degree exemption.
| OEWS wage level the offered wage meets | Entries in the selection pool |
|---|---|
| Level IV | 4 |
| Level III | 3 |
| Level II | 2 |
| Level I | 1 |
Each unique beneficiary counts once, however many registrations are submitted.
The $100,000 payment and the court rulings
The proclamations. Proclamation 10973 of 19 September 2025 restricts entry of H-1B workers unless the petition is accompanied by a USD 100,000 payment, for beneficiaries outside the United States. Proclamation 11069 of 18 September 2026 extends the restriction until 21 September 2027.
The courts. On 8 June 2026 the U.S. District Court for the District of Massachusetts, in State of California v. Mullin brought by 20 states, vacated the payment policy in its entirety. University reports state that the First Circuit declined to block that ruling on 24 July 2026. On 30 September 2026 the U.S. District Court for the Northern District of California, in Global Nurse Force v. Trump, vacated the agency policies implementing both proclamations. Earlier, in December 2025, the U.S. District Court for the District of Columbia upheld the proclamation in Chamber of Commerce v. DHS.
Status at the date checked. The payment requirement is vacated by court order, but the government is appealing and the position may change without notice. Employers should check the status before every filing.
Proposed new fee. DHS proposed 91 FR 54817 on 25 August 2026: a USD 103,265 fee payable at filing on every cap-subject H-1B petition, including the advanced degree exemption. Comments closed on 24 September 2026; the proposal is not in effect.
Current USCIS fees
Under 8 CFR 106.2, last amended by 91 FR 51971 (11 August 2026), Form I-129 for an H-1B costs USD 780, or USD 460 for small employers and nonprofits, and the Asylum Program Fee is USD 600, or USD 300 for small employers, with no fee for nonprofits.
Some employers also pay statutory fees such as the ACWIA training fee and the fraud prevention and detection fee. 91 FR 51360, effective 9 September 2026, requires covered employers to pay the 9-11 Response and Biometric Entry-Exit fee on all extension petitions as well.
Length of stay and visa validity
Maximum stay. 8 U.S.C. 1184(g)(4) limits H-1B status to 6 years. 8 CFR 214.1(l)(1) allows admission up to 10 days before the petition validity begins and up to 10 days after it ends.
After a layoff. 8 CFR 214.1(l)(2) gives a grace period of up to 60 consecutive days or until the end of the authorized validity, whichever is shorter, once per validity period. DHS proposed 91 FR 57807 on 11 September 2026 to remove this grace period; comments close on 10 November 2026. The proposal is not in effect.
Visa validity. Under the reciprocity schedule, H-1B and H-4 visas for Thai nationals are valid for up to 12 months with multiple entries, and not beyond the approved petition.
Applying for an H-1B visa in Thailand
After USCIS approves the petition, the beneficiary completes the DS-160 and attends an interview. The interview waiver policy effective 1 October 2025 does not cover H-1B visas. The State Department asks H-1B and H-4 applicants to set all social media profiles to public.
Proposed wage rule. The Department of Labor proposed 91 FR 15454 on 27 March 2026 to change how wage levels are calculated for H-1B and permanent employment. The proposal is not in effect.
Visa Connext H-1B service
Visa Connext reviews the approved petition and employment documents, prepares the DS-160, prepares applicants for the interview, and tracks the USD 100,000 fee litigation for applicants and employers. For other work visas see US work visas.
Frequently asked questions
Do I need a bachelor's degree for an H-1B?
Yes, a bachelor's or higher degree in the specific specialty, or its equivalent, under the specialty occupation definition in 8 U.S.C. 1184(i)(1).
Source: 8 U.S.C. 1184(i)(1)
What is the annual H-1B cap?
65,000, plus 20,000 for holders of a US master's or higher degree. Jobs at institutions of higher education and nonprofit or governmental research organizations are cap-exempt.
Source: 8 U.S.C. 1184(g)
Do employers still have to pay the $100,000 H-1B fee?
As of 30 October 2026, federal courts in Massachusetts (8 June 2026) and the Northern District of California (30 September 2026) have vacated the payment policy, but the government is appealing and the proclamation has been extended to 21 September 2027. Check the status before every filing.
Source: CUPA-HR · Forbes · Proclamation 11069
How does the new weighted H-1B lottery work?
From FY 2027, beneficiaries are entered by wage level: Level IV four times, Level III three times, Level II twice and Level I once.
Source: 90 FR 60864
How long can I stay on an H-1B?
Up to 6 years under 8 U.S.C. 1184(g)(4). An H-1B visa for a Thai national is valid for up to 12 months and not beyond the petition.
Source: 8 U.S.C. 1184(g)(4) · Reciprocity: Thailand
If I am laid off on an H-1B, how long can I stay?
Up to 60 consecutive days or until the end of the authorized validity, whichever is shorter, under 8 CFR 214.1(l)(2). DHS has proposed removing this grace period, but the proposal is not in effect.
Source: 8 CFR 214.1(l)(2) · 91 FR 57807
How much are the H-1B petition fees?
Form I-129 for an H-1B is USD 780, or USD 460 for small employers and nonprofits; registration is USD 215; and the Asylum Program Fee is USD 600, or USD 300 for small employers.
Source: 8 CFR 106.2
Sources and legal texts used on this page
- 8 U.S.C. 1184(g), (i) — H-1B cap, period of stay, specialty occupation
U.S. Code 2024 edition (govinfo) · checked 30 Oct 2026 - 90 FR 60864 — Weighted Selection Process for Cap-Subject H-1B Petitions (FR Doc. 2025-23853)
effective 27 Feb 2026 · applies from FY 2027 · checked 30 Oct 2026 - Proclamation 10973 — Restriction on Entry of Certain Nonimmigrant Workers, 90 FR 46027
signed 19 Sep 2025 · checked 30 Oct 2026 - Proclamation 11069 — Restriction on Entry of Certain Nonimmigrant Workers, 91 FR 60497
signed 18 Sep 2026 · extends to 21 Sep 2027 · checked 30 Oct 2026 - CUPA-HR — Federal Court Vacates H-1B Visa Fee Policy (State of California v. Mullin, D. Mass.)
judgment 8 Jun 2026 · checked 30 Oct 2026 - University of Pittsburgh OIS — $100K H-1B Fee Currently Vacated
update 1 Oct 2026 · checked 30 Oct 2026 - Forbes — Judge Strikes Down Latest Version of $100,000 H-1B Fee (Global Nurse Force v. Trump, N.D. Cal.)
order 30 Sep 2026 · checked 30 Oct 2026 - 91 FR 54817 — Fee for Certain H-1B Petitions (proposed rule, FR Doc. 2026-17324)
published 25 Aug 2026 · comments closed 24 Sep 2026 · not in effect · checked 30 Oct 2026 - 8 CFR 106.2 — USCIS fees
last amended 91 FR 51971 (11 Aug 2026) · checked 30 Oct 2026 - 91 FR 51360 — 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Visas (FR Doc. 2026-16231)
effective 9 Sep 2026 · checked 30 Oct 2026 - 8 CFR 214.1(l) — Admission period and grace period
checked 30 Oct 2026 - 91 FR 57807 — Eliminating the Discretionary 60-Day Grace Period (proposed rule, FR Doc. 2026-18631)
published 11 Sep 2026 · comments close 10 Nov 2026 · not in effect · checked 30 Oct 2026 - 91 FR 15454 — Improving Wage Protections (Department of Labor proposed rule, FR Doc. 2026-06017)
published 27 Mar 2026 · not in effect · checked 30 Oct 2026 - U.S. Department of State — Reciprocity: Thailand
checked 30 Oct 2026 - U.S. Department of State — Announcement of Expanded Screening and Vetting for Visa Applicants
last updated 25 Mar 2026 · checked 30 Oct 2026 - U.S. Department of State — Interview Waiver Update, 18 September 2025
effective 1 Oct 2025 · checked 30 Oct 2026