H-1B visa: skilled temporary work in the US and how it differs from seasonal jobs

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Is H-1B really a seasonal visa?

No. H-1B is a temporary work visa for specialty occupations, which normally require a bachelor's degree or equivalent in the field of the job. It covers skilled employment for several years, not a peak in activity lasting a few months.

The term still circulates among candidates, who associate it with temporary work in the United States. Understanding the difference avoids losing a year: a waiter or fruit picker position falls under H-2B or H-2A, not under H-1B.

Which occupations qualify for H-1B?

• Software engineers, data analysts and cybersecurity specialists.
• Mechanical, civil and electrical engineers.
• Financial analysts, accountants and auditors.
• Physicians, pharmacists, physical therapists and other qualified health professionals.
• University faculty and researchers in universities and laboratories.

These positions are concentrated in California, Texas, New York, New Jersey and Washington State. Large technology companies and consulting firms file most registrations, but hospitals, research centres and universities also recruit foreign professionals every year.

Duration and renewal

H-1B status is granted for an initial three years, renewable up to six years in total. It is tied to the employer that files the petition. Changing employer requires a new petition, which can generally be filed without going through the lottery again.

Cap-exempt employers

Universities, affiliated non-profit research organisations and government research bodies can hire on H-1B all year round, outside the lottery. This is often the most realistic route for a foreign researcher or academic seeking a temporary post in the United States.

Cap, lottery and the new weighted selection

Congress sets an annual cap of 65,000 H-1B visas, plus 20,000 places for holders of a master's degree or doctorate from a US university. Because demand far exceeds supply, selection is made by lottery among the electronic registrations received.

For fiscal year 2027, electronic registration ran from 4 to 19 March 2026, with a fee of $215 per registration. Selected candidates could then have a petition filed for employment starting on or after 1 October 2026.

Registration takes place online through an organisational account held by the employer or its attorney. Each beneficiary may only be registered once per employer, and duplicate registrations by related companies to improve odds are prohibited and can lead to denial.

Weighting by wage level

A final rule published on 29 December 2025 replaced the uniform lottery with a weighted selection. A registration at wage level I is entered once, level II twice, level III three times and level IV four times in the draw.

The $100,000 payment

Presidential Proclamation 10973 of 19 September 2025 requires a $100,000 payment for certain H-1B petitions when the beneficiary is outside the United States without a valid H-1B visa. Change-of-status petitions granted inside the country are not subject to it.

Pay and conditions

The employer must file a Labor Condition Application with the Department of Labor and pay at least the actual wage paid for the position or the prevailing wage for the area, whichever is higher. This mechanism protects against wage undercutting.

Steps in an H-1B project

The calendar is annual and rigid. Without an employer willing to fund the registration, the petition and sometimes the exceptional payment, nothing can happen. Candidates must therefore first convince a US recruiter of the value of their profile.

1. Check that the target job requires a university degree in a specific specialty.
2. Have your foreign degree evaluated for equivalence if necessary.
3. Find an employer willing to sponsor, including cap-exempt employers.
4. Let the employer complete the electronic registration in March.
5. If selected, wait for the petition to be filed and approved.
6. Apply for the visa at the consulate and enter the US to start work on 1 October.

Once in the United States, the worker must keep the job and pay described in the petition. Any substantial change in duties or work location generally requires an amended petition, which the employer is responsible for filing in good time.

Mistakes and scams to avoid

• Believing an H-1B allows a season in hospitality or agriculture.
• Paying fees yourself that the law reserves to the employer.
• Trusting agencies promising guaranteed lottery selection.
• Accepting a job whose declared wage differs from the wage actually paid.
• Leaving the US without checking whether re-entry triggers the $100,000 payment.

Alternatives for genuine seasonal work

For a job lasting a few months, the right routes are H-2B for tourism and landscaping, H-2A for agriculture and J-1 exchange visas for summer camps or student summer work travel. Canada also offers working holiday permits for eligible nationalities.

Frequently asked questions about H-1B

The answers below summarise rules that changed significantly in 2025 and 2026. Ongoing litigation over the exceptional payment may still alter the situation, which is why consulting an immigration attorney before any decision is strongly advisable.

Can I get an H-1B for a single season?

Legally, a petition can request less than three years, but the position must still be a specialty occupation. A purely seasonal, unskilled need does not meet the conditions and falls under other temporary work visas such as H-2A or H-2B.

Does an international student in the US pay the $100,000?

According to published analyses, the payment does not apply when a change of status is granted inside the United States, for example from F-1 student to H-1B. It mainly targets beneficiaries abroad without a valid H-1B visa.

Does weighted selection exclude recent graduates?

No, but it reduces their chances. A level I registration has only one entry in the draw, compared with four for level IV. Entry-level positions at small companies and start-ups are expected to be the most disadvantaged.

Can my spouse work?

A spouse receives H-4 status. Work is allowed only in limited cases, notably when the H-1B holder has a sufficiently advanced permanent residence process and the spouse has obtained a separate employment authorisation document.