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The H-1B is a temporary, employer-sponsored U.S. work classification for jobs that qualify as specialty occupations. Eligibility depends on both the job and the worker: a bachelor’s degree by itself is not enough, and the employer—not the worker acting alone—normally registers and files the petition. For cap-subject jobs, selection to file is separate from approval. A U.S. entry restriction extended in September 2026 adds a further, time-sensitive issue for some cases.
What the H-1B is—and who applies
An H-1B lets an employer seek authorization for a worker to fill a qualifying specialty-occupation position in the United States. The employer is the petitioner and must offer a bona fide job; the worker is the beneficiary. In the ordinary case, a worker cannot obtain H-1B status by self-petitioning without an employer.
“Who is eligible to apply?” therefore has two parts: whether the position meets the specialty-occupation standard and whether the worker is qualified for that particular position. Even if both tests are met, a cap-subject case may also need registration and selection before the employer can file.
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The position must involve the theoretical and practical application of highly specialized knowledge and ordinarily require at least a bachelor’s degree or higher in a specific specialty directly related to the job, or its equivalent. USCIS’s 2024 H-1B Modernization Final Rule: Small Entity Compliance Guide describes the degree-field requirement as a logical connection between the field of study and the position’s duties.
A degree requirement must fit the work
A generalized bachelor’s degree requirement is not enough on its own. A position may accept degrees from more than one field when those fields are logically connected to the job’s duties, but “any bachelor’s degree” does not automatically make a role eligible. The employer’s job offer and the position’s actual requirements matter.
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The employer must have a bona fide job offer
The employer must petition for the worker based on a real position that meets the specialty-occupation standard. A worker’s credentials cannot turn a job that does not qualify into a specialty occupation.
Does the worker qualify?
The beneficiary must meet the qualifying education or equivalent requirement for the offered job. In practical terms, the worker’s education and credentials need to match the position’s stated specialty requirements; having a degree in an unrelated field does not, by itself, establish eligibility.
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How the cap and registration process work
For cap-subject cases, the employer must register the beneficiary during the applicable registration period. If USCIS selects that registration, the employer may file a petition; selection is permission to file, not a decision that the worker or position qualifies for approval.
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Annual cap figures
| Category | Places | What the figure means |
|---|---|---|
| Regular annual H-1B cap | 65,000 | USCIS stated this statutory annual limit in its December 23, 2025 announcement. |
| U.S. advanced-degree exemption | Additional 20,000 | USCIS stated this additional number of places for the exemption in the same December 23, 2025 announcement. |
These are cap figures, not guarantees of selection. Whether a particular employer or petition is cap-subject or may qualify for an exemption is a separate, case-specific question.
FY 2027 registration dates and selection
For fiscal year 2027, USCIS’s January 30, 2026 notice set the initial registration period from noon Eastern on March 4 through noon Eastern on March 19, 2026, with a fee of $215 per registration. Those dates and that fee apply to the FY 2027 initial registration period; they should not be assumed for later fiscal years.
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For FY 2027, USCIS used weighted selection if properly submitted unique-beneficiary registrations exceeded the cap. The agency said this approach prioritizes higher-skilled and higher-paid applicants while retaining the possibility of selection at every wage level. It is not accurate to describe that season as a purely random lottery.
- Employer registers: For a cap-subject case, the employer submits a registration for the beneficiary during the applicable period.
- USCIS selects registrations: Selection allows the employer to file a cap-subject petition for that beneficiary.
- Employer files the petition: The employer must still submit evidence and establish that the position and beneficiary meet the requirements for approval.
- USCIS decides the petition: A selected registration does not guarantee approval.
How the September 2026 entry restriction may affect a case
On September 18, 2026, the White House extended an H-1B entry restriction through 12:00 a.m. Eastern Daylight Time on September 21, 2027. The proclamation generally conditions entry for affected H-1B specialty-occupation workers on a $100,000 employer payment and allows for discretionary national-interest exceptions. It also requires employers to retain documentation of payment for covered petitions.
This is an additional issue, not a replacement for the job, worker, or cap requirements. Its application depends on the petition, the worker’s status and location, and intended travel or entry. The proclamation gives DHS authority to determine discretionary exceptions when hiring is in the national interest and does not pose a threat to U.S. security or welfare. Because implementation and individual applicability can turn on the facts, check current USCIS and State Department guidance before relying on a general description.
The State Department’s September 21, 2025 page explains the original restriction, but it predates the September 2026 extension. For current timing and scope, the later White House proclamation is the relevant source to consult; do not carry the earlier page’s original dates forward automatically.
Questions to resolve before pursuing H-1B sponsorship
- Is there a bona fide U.S. job offer from an employer willing to petition?
- Does the position require specialized knowledge and a degree in a directly related specific specialty, or its equivalent?
- Do the worker’s education and credentials meet that position’s requirements?
- Is the case cap-subject, or may a cap exemption apply?
- If cap-subject, does the employer need registration and selection for the relevant fiscal year?
- Could the worker’s location, petition timing, status, or planned entry bring the September 2026 proclamation into play?
These questions identify the main decision points, but they do not determine an individual case. Cap-exemption categories, equivalency evidence, and any exception to the entry restriction require current, case-specific verification.
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