Do I need a degree for H-1B?

Yes: the job must require a bachelor degree or higher in the specialty, or its equivalent. The chats say a candidate without a degree does not pass for H-1B, and the talent visa is considered instead.

Has the $100,000 H-1B fee been cancelled?

No, not finally, and it is still in dispute. The proclamation of Sep 19, 2025 imposed a $100,000 payment on H-1B petitions filed from Sep 21, 2025 for workers outside the US. On Jun 8, 2026 a federal court in Massachusetts vacated the DHS, USCIS and State Department documents that implemented the payment (California v. Mullin, 1:25-cv-13829), and on Jul 24, 2026 the First Circuit refused to stay that judgment; the appeal on the merits is undecided. On Sep 18, 2026 the President extended the proclamation itself (No. 11069) to Sep 21, 2027, and the USCIS H-1B page, updated Sep 21, 2026, still describes payment through pay.gov. Status as of Sep 30, 2026; employers check the procedure with counsel before filing for a worker abroad.

What is the $103,265 H-1B fee?

It is a DHS proposed rule, not a fee in force. It was published in the Federal Register on Aug 25, 2026 with comments until Sep 24, 2026; as of Sep 30, 2026 there is no final rule. Under the proposal the $103,265 fee would be paid on filing every cap-subject H-1B petition, including the master's cap, on top of all other fees and on top of the proclamation payment where it applies; cap-exempt petitions are not covered.

How many criteria do you need to meet for EB-1A?

At least three of the ten USCIS criteria. But meeting criteria is not enough: the officer additionally evaluates the case as a whole (final merits) and must see sustained acclaim and that you are among the best in your field. In the community's experience, a denial is possible even with 5 or more criteria counted if this second part is not proven.

If I met 5 criteria, is the visa guaranteed?

No. Meeting criteria is only the first stage. Next the officer looks at the case as a whole (final merits): you need to show sustained acclaim and a position at the top of the profession. It happens that the criteria are formally met, yet the officer writes that the applicant is not extraordinary enough. The outcome depends largely on the strength of the evidence and on the officer.

Work visa

H-1B visa: the lottery, the $100,000 fee and timelines

Updated: September 30, 2026Author: Alina Kanametova

Key answer

In short

H-1B is a work visa for specialists with a bachelor degree or higher in the field, filed by the employer. The cap is 65,000 visas a year plus 20,000 for graduates of US master programs; in March the employer registers the candidate for $215, USCIS selects entries by lottery, petitions are filed from April 1 and work starts no earlier than October 1. Per the USCIS page, petitions filed on or after September 21, 2025 come with a $100,000 payment; the chats describe it as one-time, for those applying from abroad, with exemptions. In June 2026 a court vacated the agency documents behind that payment, the appeal is pending, and the proclamation was extended to Sep 21, 2027; the $103,265 fee on cap petitions is still only a proposal. The community calls H-1B a yearly lottery with an employer tie and renewals, which is why many pursue O-1, EB-1A or NIW in parallel.

Warsaw Almaty Astana Belgrade Yerevan Tbilisi

587chat messages about H-1B

65 000 + 20 000visas a year: regular cap and master cap (USCIS)

$215one FY2027 lottery registration (USCIS)

8community stories on this page

How H-1B goes: five steps

Step	What	How	More
1	Qualification	the job requires a bachelor degree or higher in the specialty (or its equivalent); the chats say no degree means no H-1B, and the talent route is what remains	which visas exist
2	Registration and lottery	in March (FY2027: March 4-19, 2026) the employer registers the candidate for $215; the draw is random, one person - one entry per employer; the chats have a case where two employers registered one person and both entries won	visa comparison
3	The I-129 petition	from April 1 on a selected registration; work no earlier than October 1; per the USCIS page petitions filed on or after September 21, 2025 come with a $100,000 payment - the chats say one-time, for those applying from abroad, with exemptions for doctors; under the DHS final rule of August 10, 2026, H-1B petitions sent on or after September 9, 2026 by covered employers also carry the 9-11 Biometric Fee	what it costs
4	The consular visa	Russians get the stamp in a third country; the chats show H-1B landing in administrative processing like any category: a London interview in August 2023 with over a year of waiting, a year and a half in Mexico	administrative processing
5	What comes next	the visa is tied to the employer; the green card through PERM takes about 4 years by chat accounts, so many file NIW or EB-1A themselves, and the H-4 spouse gets work authorisation after the I-140 is approved	EB-2 NIW

The $100,000 payment and the $103,265 fee: status as of Sep 30, 2026

H-1B fee dates and status
Date	What happened	Status
Sep 19, 2025	Proclamation 10973: H-1B petitions for workers outside the US from Sep 21, 2025 only with a $100,000 payment	in force from Sep 21, 2025
Jun 8, 2026	The Massachusetts court, on a suit by 20 states, vacated the DHS, USCIS and State Department documents that implemented the payment	appealed by the government
Jul 24, 2026	The First Circuit denied a stay of the judgment pending appeal	the vacatur stands, the appeal is undecided
Aug 25, 2026	DHS proposed rule: a $103,265 fee on filing every cap-subject H-1B petition, including the master's cap, on top of other fees	proposal; comments closed Sep 24, 2026, no final rule
Sep 18, 2026	Proclamation 11069 extended the $100,000 restriction for 12 months	until Sep 21, 2027
Sep 21, 2026	The USCIS H-1B page was updated and still describes payment through pay.gov and exceptions granted by the Secretary	as of Sep 30, 2026

Court papers: California v. Mullin (District of Massachusetts, 1:25-cv-13829; First Circuit, 26-1699), read on the electronic docket on Sep 30, 2026. Separately, a DHS proposal of Sep 11, 2026 in the Federal Register would remove the 60-day grace period after a job ends for H-1B, L-1, O-1, E and TN workers; comments close Nov 10, 2026, and it is not a rule yet either. All visa lawsuits

Community experience: the lottery, the fee, the check

From community discussions

«Hello. Can you remind me how such stories ended with H1B? Admin check since September 2023, status Refused with a long text. In early December, I received a letter saying to bring my passport; the status changed to Administration process. I sent it via DHL. A week has passed since the passport was delivered to the embassy. Yesterday I sent a letter, but there is no response yet, and the status again changed to Refused with a long text. It seems like I have entered the second round of bureaucracy. It looks like now the embassy itself has decided to check.»
Alexander K. · from public community chats
«Unfortunately, the rules of the game in the US are very complicated. For example, if you spend 3 years on OPT and play with H-1B three times without obtaining it, you have to go for O-1, or go to an office outside the US and do L-1 or go back to studying. If you ask for a green card at the very beginning, it can be done in 2-4 years. If they start during those 3 years, from what I understand, the green card process ties a person to a company for a long time. Because PERM is particularly complicated when changing jobs.»
Alina · from public community chats
«Fortunately, not everything that public figures say becomes law in the exact form. Just look at the H-1B with '100K a year', when Lyutnik from the Oval Office was doing that show with the golden portrait of Trump. In the end, it turned out that it's not per year but a one-time thing. And not for everyone, only for those who apply from abroad. And even then, not for everyone, except for healthcare and education, and national interest. And now the lottery is not quite a lottery, but an income-based selection.»
Tony · from public community chats
«Hello everyone :) Just a reminder, we have an H-1B, we waited a year and a half, received it in March, during the wait - a baby was born, and now it has been two months that they are reviewing the child's case, they are not responding to our emails. So we are still in Mexico and haven't left yet. During this year and a half, I started to curse; I didn't have reasons before ) because I can't fit the fullness of my emotions into a decent vocabulary )))»
Anastasia K. · from public community chats
«Hello everyone! Earlier, I received a denial for my EB-2 petition, applied a second time and got denied again… I am working on my third attempt 🤗 and at the same time applied for H-1B from two different companies and to my surprise I was selected by both companies. Maybe someone can suggest a Telegram group or what I should do next, you can do it here or in DM))) I would be very grateful 😇»
community member · from public community chats
«I will share my experience. I applied for H-1B from 2 employers, and both applications were selected❗️ (I was shocked, to be honest), plus from this year you can apply as self-employed or from your own company, in that case, the approval is valid for 1.5 years. Later, I decided to go the EB-2 route without NIW.»
community member · from public community chats
«Very interesting, I have friends with Canadian passports and TN visas who received EB-2 PERM. But the lawyers told him that changing status from TN visa is not possible. So he obtained an H-1B visa with a Russian passport and then applied for EB-2 PERM from there and changed status and received a green card.»
Vladimir · from public community chats
«Hello everyone! I will add info about my admin case - the interview was on 08/08/23 in London for H-1B, I am still waiting. It's especially disappointing that during this time they managed to approve my PERM, while my current work permit expires on March 12, so it seems my progress towards the green card will be wasted…»
Vera B. · from public community chats

Personal opinions of community members from public discussions, not legal advice.

H-1B or O-1: which to choose

H-1B and O-1: the main differences
Parameter	H-1B	O-1
Who	a bachelor degree or higher in the specialty	extraordinary ability: 3 of 8 O-1A criteria
Lottery	yes, March registration, work no earlier than October 1	no, the petition can be filed at any time
Who files	the employer	an employer or an agent
Dual intent	yes: per the chats H-1B and L-1 are on the exception list for 214(b) refusals	not formally, but per the chats the consul does not require a home abroad
Cost to the company	per the USCIS page - a $100,000 payment on petitions filed from September 21, 2025	I-129 fees without that payment

Since the $100,000 payment, the chats ask why not everyone switches to O-1: the community answer is that H-1B is simpler and routine for large companies, while O-1 needs evidence of acclaim. A candidate who already has O-1 material is advised not to wait for the lottery. O-1 visa requirements

Administrative processing on H-1B: how long people waited

Sarajevo: 1.5 months
London: about 7 months
Astana: just over 9 months
Tashkent: 12 months

Chat members' reports for 2023-2025, not State Department statistics. The chats also hold open cases past a year, where people filed a mandamus. All timings by post

What the chats ask about the H-1B visa

1×If I currently have an H1B visa and have received approval for 140.

Community answers

Is O-1 considered a dual intent visa?: O-1 is often seen as more tolerant of immigrant intent, but formally it is not as clearly established as it is for H-1B/L-1. The decision still depends on the officer and the specific circumstances.
Which visa should I choose: J-1, O-1, or H-1B?: The choice depends on the goal, timing, and the applicant's profile. H-1B is limited by an annual filing window and quotas, J-1 may have limits on duration and a possible return requirement, and O-1 is often seen as an option for strong professional cases without a lottery.

Real timelines named in the chats

Stage	Typically	Note
H-1B: administrative processing after the interview	about 7 months	There is a specific observation where a passport submission request came about 7 months after the interview; H-1B cases waiting since late 2023 without completion are also mentioned.
H-1B: review after filing	about 3-4 weeks	In one observation, H-1B was approved about a month after filing, while the applicant's other visa remained in administrative processing.
H-1B: administrative processing after filing/interview	about 3 months	A single example was mentioned where, after applying for H-1B, the review took about 3 months.

Myths and reality

Myth: H-1B is always issued immediately for 3 years.

In reality: H-1B may be approved for up to 3 years, but the actual period depends on the petition, the employer's documents, and agency discretion; the visa in the passport may also be issued for a shorter period.

Rules and tips from the chats

ruleH-1B is intended for hiring a foreign professional for a position that requires specialized qualifications, not simply for reducing the employer's costs. The visa is based on the existence of a real specialty occupation and the candidate's fit for the requirements.
ruleDifferent visa categories have different waiting risks: DV, H-1B, student, medical, and immigrant visas may depend on a lottery, checks, quotas, or additional procedures.
ruleAdministrative processing occurs across different visa categories - tourist, F-1, J-1, H-1B, EB-1. Successful fast cases for other applicants do not guarantee a similar timeline.
ruleIf the key goal is the spouse's ability to work, it is worth comparing EB-1, L-1, H-1B, O-1, and other options in advance. Different statuses provide different rights for dependent spouses, and this can be a decisive factor in choosing a strategy.

Questions and answers on the site

Distilled from the public community chats, anonymised; corpus as of June 2026. These are participants' observations, not legal advice and not USCIS statistics.

Frequently asked questions

Do I need a degree for H-1B?: Yes: the job must require a bachelor degree or higher in the specialty, or its equivalent. The chats say a candidate without a degree does not pass for H-1B, and the talent visa is considered instead.
Has the $100,000 H-1B fee been cancelled?: No, not finally, and it is still in dispute. The proclamation of Sep 19, 2025 imposed a $100,000 payment on H-1B petitions filed from Sep 21, 2025 for workers outside the US. On Jun 8, 2026 a federal court in Massachusetts vacated the DHS, USCIS and State Department documents that implemented the payment (California v. Mullin, 1:25-cv-13829), and on Jul 24, 2026 the First Circuit refused to stay that judgment; the appeal on the merits is undecided. On Sep 18, 2026 the President extended the proclamation itself (No. 11069) to Sep 21, 2027, and the USCIS H-1B page, updated Sep 21, 2026, still describes payment through pay.gov. Status as of Sep 30, 2026; employers check the procedure with counsel before filing for a worker abroad.
What is the $103,265 H-1B fee?: It is a DHS proposed rule, not a fee in force. It was published in the Federal Register on Aug 25, 2026 with comments until Sep 24, 2026; as of Sep 30, 2026 there is no final rule. Under the proposal the $103,265 fee would be paid on filing every cap-subject H-1B petition, including the master's cap, on top of all other fees and on top of the proclamation payment where it applies; cap-exempt petitions are not covered.
How many criteria do you need to meet for EB-1A?: At least three of the ten USCIS criteria. But meeting criteria is not enough: the officer additionally evaluates the case as a whole (final merits) and must see sustained acclaim and that you are among the best in your field. In the community's experience, a denial is possible even with 5 or more criteria counted if this second part is not proven.
If I met 5 criteria, is the visa guaranteed?: No. Meeting criteria is only the first stage. Next the officer looks at the case as a whole (final merits): you need to show sustained acclaim and a position at the top of the profession. It happens that the criteria are formally met, yet the officer writes that the applicant is not extraordinary enough. The outcome depends largely on the strength of the evidence and on the officer.

Where next

Consulates Russians travel to

Warsaw Almaty Astana Belgrade Yerevan Tbilisi Istanbul Tashkent Bishkek Ankara Prague Paris

Sources

This page is reference, not legal advice; rules and practice change - verify on uscis.gov.