The H-1B Visa | Explained for Employers

The H-1B visa allows employers to hire skilled foreign professionals when qualified domestic talent is limited. It is one of the most commonly used employment-based visas and requires employer sponsorship.

This guide covers the essentials for employers, including what the H-1B visa is, the requirements, common mistakes and what it’s needed for visa sponsorship.

What is the H-1B Visa?

The H-1B visa is a nonimmigrant work visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations requiring theoretical or technical expertise. These positions typically require at minimum a bachelor's degree or its equivalent in a specialized field such as information technology, engineering, medicine, finance, architecture, science, or other professional domains.

Congress has established statutory caps that limit the number of new H-1B visas that can be issued each fiscal year:

• 65,000 visas under the regular cap for foreign professionals
• 20,000 additional visas reserved for foreign workers holding advanced degrees (master's degree or higher) earned from U.S. universities and colleges

This brings the total annual allocation to 85,000 H-1B visas available through the cap-subject lottery process. Certain employers, including institutions of higher education, nonprofit research organizations, and government research organizations, are exempt from these numerical limitations and can sponsor H-1B workers year-round without participating in the lottery.

Which are the Registration Requirements for Employers for the H-1B?

Under the new weighted system, employers will be required to provide substantially more detailed information at the registration stage than was previously necessary. Specifically, each H-1B registration must include:

1. Standard Occupational Classification (SOC) Code - The appropriate occupational classification for the position
2. Area of Intended Employment - The geographic location(s) where the beneficiary will work
3. OEWS Wage Level - The highest wage level (I through IV) that the offered salary equals or exceeds for the relevant SOC code and work location
4. Offered Wage - The actual salary being offered to the prospective H-1B worker

This represents a significant departure from the previous system, where many of these details were typically finalized after lottery selection during the Labor Condition Application (LCA) stage.

Common H-1B Registration and Petition Mistakes

USCIS has emphasized that the information provided at the registration stage must align with the details submitted in the actual H-1B petition if the registration is selected. Specifically, the following elements must be consistent between registration and petition:

• Wage level
• SOC code
• Area(s) of intended employment

Material discrepancies between registration and petition details, particularly changes that reduce the wage level or alter job complexity, can undermine the basis for weighted selection and trigger Requests for Evidence (RFEs), denials, or even revocation of approved petitions.

DHS has explicitly preserved authority to deny or revoke petitions if it determines that an employer attempted to unfairly increase selection odds by providing inaccurate or misleading information at the registration stage.

What Employers Need to Do for Visa Sponsorship

Immigration advisors and employment professionals recommend that employers take several steps to position themselves effectively under the new weighted system:

1. Conduct a Comprehensive Audit of H-1B-Eligible Positions

• Review all positions currently filled or potentially requiring H-1B sponsorship
• Verify accurate SOC code assignments for each role
• Assess whether job descriptions support the assigned wage levels

2. Evaluate and Document Wage Level Assignments

• Determine the appropriate OEWS wage level for each position and location
• Ensure offered wages genuinely support the claimed wage level
• Consider whether salary adjustments are warranted and defensible

3. Coordinate Immigration and Compensation Terms Early

• Align immigration strategy with human resources and compensation departments
• Ensure wage level, SOC code, job description, and LCA details are consistent
• Address potential pay equity implications of any wage adjustments

4. Model Selection Risk for Lower Wage Level Positions

• Identify roles likely to fall into Wage Level I or II
• Develop contingency plans for positions with reduced selection odds
• Consider alternative visa pathways for critical talent

5. Review Geographic and Remote Work Arrangements

• Assess how multi-site or remote work affects wage level determinations
• Document work location arrangements clearly
• Understand implications of the "lowest wage level" rule for multiple worksites

Why the U.S. Changed Its H-1B Policies

The U.S. government introduced the weighted lottery to address several key concerns:

• Protecting American workers: By giving preference to higher-paying jobs, the goal is to prevent companies from using H-1B visas to hire foreign workers for lower-wage roles that could reasonably be filled by U.S. workers.
• Reducing abuse of the system: The new approach aims to limit lottery manipulation by employers who previously submitted large numbers of registrations for lower-wage positions to increase their chances of selection.
• Focusing on highly skilled talent: The Department of Homeland Security (DHS) says the weighted lottery better aligns with Congress’s original intent, using the H-1B program to bring genuinely specialized, high-skill professionals to the U.S.

Frequently Asked Questions

Does the new system completely eliminate the lottery?

No. The H-1B allocation remains a lottery-based system, but the lottery is now weighted rather than purely random. Every validly submitted registration remains eligible for selection, but higher wage levels receive more "entries" and therefore better odds.

When does the weighted lottery take effect?

The final rule takes effect on February 27, 2026Feb 27, 2026, in time for the next H-1B cap registration period expected to open in March.

Does this apply to cap-exempt employers?

No. Employers exempt from the H-1B cap (institutions of higher education, nonprofit research organizations, government research organizations) remain exempt from both the numerical cap and the lottery system.

Can I increase wages specifically to improve lottery odds?

Employers may offer higher wages, but the compensation must be genuine and defensible. USCIS may deny or revoke petitions if it determines that wage levels were inflated specifically to game the lottery without corresponding changes to job duties or requirements. Additionally, employers should consider internal pay equity implications.

What happens if my registration and petition details don't match?

Material discrepancies between registration and petition details can result in RFEs, denials, or revocation. USCIS has explicitly stated that it will scrutinize cases where petition details suggest lower wages or less complex positions than indicated at registration.

How do I determine the correct wage level?

Employers must select the highest OEWS wage level that the offered salary equals or exceeds for the relevant SOC code and area of intended employment. The Department of Labor's Online Wage Library provides current prevailing wage data.

This article is provided for informational purposes only and does not constitute legal advice. Immigration laws and regulations are complex and subject to change. Individuals and employers should consult with qualified immigration attorneys for guidance on their specific situations.