H-1B visa basics for job seekers: the cap, the lottery, cap-exempt employers and timing
Not legal advice. This is a general overview for job seekers. Immigration rules, fees and dates change often. Confirm everything with USCIS and an immigration attorney before you make decisions.
Many Korean and Korean-American job seekers — international students finishing a U.S. degree, people working on OPT, professionals in Korea looking at U.S. jobs — eventually ask the same question: how does the H-1B actually work? Here are the basics.
What the H-1B is
The H-1B is a temporary work visa for a specialty occupation — a job that normally requires at least a bachelor's degree (or equivalent) in a specific field. Engineering, software, data, finance, accounting and many research jobs are common examples.
Key points:
- The employer files. A U.S. employer files Form I-129 with USCIS. Before that, it gets a certified Labor Condition Application (LCA) from the U.S. Department of Labor, promising to pay at least the required wage.
- It is tied to the employer. Your H-1B status is for that employer and that job. Changing employers usually needs a new petition (which a new employer can often file without a new lottery if you were already counted under the cap).
- Length. Up to three years at a time, generally up to six years in total, with some extensions possible in green-card cases.
The annual cap and the lottery
Most first-time H-1Bs at private companies are subject to an annual cap of 85,000: 65,000 regular slots and 20,000 more for people with a U.S. master's degree or higher.
Because far more people are registered than there are slots, USCIS runs a registration and selection process each year:
- March — employers register each candidate online and pay a registration fee.
- By the end of March — USCIS selects registrations and notifies employers.
- From April 1 — selected employers have a filing window (usually about 90 days) to file the full petition.
- October 1 — the earliest start date for cap H-1B jobs (the start of the federal fiscal year).
USCIS now selects by unique person rather than by registration, so multiple employers registering the same person does not raise that person's odds. In 2025 the government also announced changes to how selection is weighted, putting more weight on higher wage levels. The details for each season are on the USCIS registration page — check it every winter.
Cap-exempt employers
Some employers can file H-1B petitions at any time of year, without the lottery:
- colleges and universities,
- nonprofits affiliated with a college or university (for example some teaching hospitals),
- nonprofit research organizations and government research organizations.
If you are planning a career path, cap-exempt jobs can be a practical route. Note that cap-exempt H-1B time does not by itself make you cap-exempt for a later private-sector job.
Fees in general terms
H-1B costs include the registration fee, the petition filing fee, an anti-fraud fee, an ACWIA training fee for many employers, and optional premium processing. In September 2025 a presidential proclamation added a large additional payment for certain new H-1B petitions, mainly for workers outside the U.S.; USCIS has published guidance on who it applies to.
The law generally does not allow employers to make the worker pay the ACWIA fee or certain other employer costs. Fees change — check the USCIS fee schedule rather than relying on numbers in older articles.
Timing for students on OPT
If you are on OPT and your employer files a cap H-1B petition for you, the cap-gap rule can extend your F-1 status and work authorization until the H-1B start date, as long as the petition is filed on time and is pending or approved. See our OPT and STEM OPT guide.
Other options Koreans sometimes use
- E-2 treaty investor and E-1 treaty trader. Korea is a treaty country, so Korean nationals can qualify for E visas when working for a qualifying Korean-owned company in an executive, supervisory or essential-skills role. See the State Department.
- L-1 intracompany transfer — for people who worked at least one year abroad for a related company.
- O-1 for people with extraordinary ability.
Visitor visas and ESTA do not allow productive work in the U.S., including hands-on installation or construction work.
What this means for your search
- Use the visa sponsorship filter on JOBnaru™ to find postings that mention sponsorship. "Visa: not stated" is common; ask the recruiter directly.
- Ask early: "Will you sponsor an H-1B for this role, and are you cap-exempt?" It is a normal question.
- Be cautious of anyone who asks you to pay to be "placed" in the lottery or to buy an H-1B. See job scam warning signs.
- Our glossary explains terms such as LCA, cap-gap and E-Verify.
JOBnaru™ cannot promise a visa or a job, and a sponsorship tag is not a guarantee.
Last checked: October 19, 2026.
Cite this article as: JOBnaru™ — https://jobnaru.com/news/h1b-visa-basics-for-job-seekers
Questions
Can I apply for an H-1B myself?
No. A U.S. employer must register you (for cap jobs), file the petition and pay most of the fees. You cannot self-petition for an H-1B.
When is the H-1B lottery?
USCIS usually opens electronic registration in March and notifies selected registrations by the end of March. Selected employers can then file petitions from April 1, for jobs starting no earlier than October 1. Check USCIS for the exact dates each year.
What is a cap-exempt employer?
Employers such as colleges and universities, nonprofits affiliated with them, and nonprofit or government research organizations can file H-1B petitions without going through the cap lottery, at any time of the year.
Does a job that says "sponsorship available" guarantee an H-1B?
No. It means the employer is willing to sponsor for that role. Selection in the lottery, the petition and USCIS approval are separate steps nobody can guarantee.
Sources
- H-1B Specialty Occupations — U.S. Citizenship and Immigration Services
- H-1B Electronic Registration Process — U.S. Citizenship and Immigration Services
- H-1B Program — Labor Condition Application — U.S. Department of Labor, Wage and Hour Division
- Treaty Trader and Investor Visas (E-1, E-2) — U.S. Department of State
General information as of Oct 19, 2026, not legal or immigration advice. Confirm with the employer, an immigration attorney or official sources before you act.
