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Visa types / H-1B

The lottery isn't a plan.
Play the H-1B properly.

The workhorse employer-sponsored visa for degreed professionals — capped, lottery-run, and still worth planning around properly.

  • Attorney-reviewed, every case. A Thrive attorney reads your submission and gives you a straight answer — no coordinators, no portals.

  • Handled by specialists. Your petition is prepared by immigration attorneys with deep H-1B experience — immigration law, day in and day out.

  • Fast and async-first. Replies within one business day, in plain English — you keep building while the case comes together.

What it is
Employer-sponsored work visa
The catch
85,000 annual cap, March lottery
Duration
3 years + 3-year extension
Cap-exempt
Universities & nonprofit research, year-round

Step 1 of 5

Step 1 of 5

What best describes you?

The most-traveled road into U.S. tech — capped, lotteried, and still worth running well. We plan it with backups from day one.

Who it's for

The H-1B is a fit if…

Not sure this is your category? That's normal — the right answer is often a sequence, not a single visa. Email us and a Thrive attorney will map your options.

How it actually works

The mechanics that matter

01

Lottery mechanics

Electronic registration runs in March; 85,000 slots (65,000 plus 20,000 reserved for U.S. advanced-degree holders) are drawn for an October 1 start.

02

Cap-exempt employers

Universities, their affiliated nonprofits, and nonprofit or governmental research organizations can file year-round with no lottery at all.

03

The specialty-occupation test

The role must require a bachelor's degree in a specific specialty, and your degree (or equivalent experience) has to match the role's specialty.

04

Portability & the six-year clock

Transfers can start on filing of a new petition, and time is capped at six years — extendable beyond that once green-card steps are far enough along.

The process

From "does this fit?" to filed

  1. 1

    Honest assessment

    A Thrive attorney reviews your situation against this category — and the neighbors you might not have considered — and gives you a straight read.

  2. 2

    Meet your legal team

    Your case is staffed with an immigration attorney with deep experience in this category, working with Thrive. You'll know exactly who before you engage.

  3. 3

    Evidence & filing

    Your attorney assembles the record and files with USCIS or the consulate — async updates in plain English while you keep working.

  4. 4

    Decision & next steps

    When the decision lands we map what's next: extensions, family, travel, and the road to permanence where one exists.

FAQ

H-1B questions

What are my odds in the lottery?

Recent years have run roughly one-in-four for a single registration, varying year to year. That's exactly why we build backup plans — O-1, cap-exempt employment, or a green-card track — alongside any H-1B registration.

I didn't get selected. Now what?

This is the most common reason tech workers end up on the O-1 path. If your record is strong, the O-1A has no cap and no lottery — start with an honest eligibility read.

Can I switch employers on an H-1B?

Yes. H-1B portability lets you start with a new employer once a non-frivolous transfer petition is filed — and transfers aren't counted against the cap.

Can I improve my lottery odds?

Each person gets one registration per employer with genuine, independent job offers — multiple unrelated employers may each register you, but duplicate or coordinated registrations are barred and policed.

What happens to my H-1B if I'm laid off?

You have a 60-day grace period to find a new sponsor, change status, or depart. A transfer filed within the window lets you keep working — this is one of the most time-critical situations we see.

Can my spouse work on H-4?

H-4 spouses can obtain work authorization once you have an approved I-140 or qualify for post-sixth-year extensions — not before, in most cases.

Do startups sponsor H-1Bs?

Yes, routinely. The employer needs a genuine employer-employee relationship, the ability to pay the required wage, and a specialty-occupation role — size itself isn't disqualifying.

H-1B or O-1 — which should I aim for?

If an employer will sponsor and the lottery cooperates, H-1B is straightforward. If you lose the lottery, work for yourself, or have a strong public record, the O-1A avoids the cap entirely. Many people run both tracks.

Start now

Get a straight answer on the H-1B.

Tell us about your situation and a Thrive attorney will reply within one business day — free, with no obligation.