Frequently Asked Questions About H-1B

In the H-1B application, the nature of the job, the candidate's education, and the employer's obligations are evaluated together. Registration selection, work authorization and visa issuance are different stages. Due to the 2026 changes, previous year's draw and fee announcements should be checked separately. ¹²

Can every college graduate get H-1B?

No. The job itself should require appropriate specialist knowledge and the relevant level of training. The candidate's degree must be relevant to these duties. A generalist job that accepts any bachelor's degree is not considered an H-1B specialty position simply because it has a graduate candidate. ¹

Can an application be made without an employer?

H-1B requires a bona fide applicant employer or eligible applicant structure. Although it is possible for a person to own a company in some cases, it is not the same as requesting an unlimited work permit as an individual. Real work, wage and organizational structure conditions must be met. ¹

Can my own company sponsor me for H-1B?

It can be evaluated under appropriate conditions. One is not automatically prohibited from having control over the company; However, specialized work and other conditions must be real. The regulation includes a special time limit of 18 months for the first application and first extension for beneficiary-owners with controlling interest conditions, such as more than 50 percent ownership or majority voting rights. ¹

Does every H-1B file enter the lottery?

No. New applications within the scope of quota and files with appropriate quota exemption are different. Some university and research employers may qualify for exemption; Not every nonprofit is automatically exempt. Being previously counted within the scope of the quota may also have different results in certain files. ¹

How does the wage level affect the 2026 system?

The current regulation weights the unique applicant by OEWS wage level in the required selection. Levels IV, III, II, and I are represented by four, three, two, and one pool inputs, respectively. This is not an exact probability calculation of four times approval odds; The selection pool and other rules are also effective. ¹

Does registration with more than one employer automatically increase my chances?

The system operates on a unique applicant basis and rules such as the relevant minimum fee level apply when multiple records are found. Creating records to mislead the system is different from having more than one real offer. Records must be accurate and consistent. ¹

If I am selected, can I start working immediately?

No. Registration selection provides passage to the appropriate petition submission stage; It is not an authority to work alone. The outcome of the petition, the start date and the person's current status are important. Special cases, such as F-1/OPT transition, should also be examined on their own terms. ¹³

Can my H-4 spouse work?

The H-4 spouse's right to work is not automatic. Eligibility and approved EAD required based on circumstances such as primary H-1B holder's appropriate approved I-140 or certain AC21 extension terms. Status-based work authorization rules for E or L spouses do not apply to H-4. ³⁴

Is it mandatory to wait for new approval when changing jobs?

There may be an opportunity to work with a properly submitted H-1B petition from a new employer under appropriate portability conditions. However, these conditions do not occur automatically in every file. Work should not be started without examining the current status, previous work authorization and time of the new application. ¹³

If I'm laid off, do I have 60 days?

No. Eligible individuals may have a discretionary maximum of 60 days or the remaining term of the I-94, whichever is shorter. DHS may or may not shorten the deadline. This period does not grant automatic work permission. A new job, change of status, or exit plan should be evaluated based on individual circumstances. ⁵

What does premium processing speed up?

Allows 15 business days processing time on eligible H-1B I-129 petition. It does not guarantee registration selection, consular appointment or final positive decision. An action such as a request for additional evidence may require additional responses and evaluation. Current fee should be checked before payment. ²

Is the new $103,265 fee in effect?

The text dated August 25, 2026 is a proposed regulation containing this amount; This document should not be used as a final effective fee as of September 20, 2026. The issue of cancellation and appeal regarding the previous $100,000 policy is also separate. The current USCIS order and court effect must be re-verified on the day of application. ⁶⁷