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US H-1B 2026: Cap, Lottery and Path to Green Card

Written by Global Immigrate consultants · Reviewed by Oscar Yip, Founder & Managing Director

Summary

H-1B is a US non-immigrant visa for specialty occupations, often subject to an annual cap and lottery. It is not a green card but can bridge to EB-2 or EB-3 employment-based permanent residence.

Short answer: US H-1B is a non-immigrant work visa for specialty occupations, usually requiring a bachelor's-level role and a US employer petition. Most numbers fall under an annual cap and lottery; certain universities and non-profit research employers may be cap-exempt. H-1B is not a green card but often bridges to EB-2/EB-3.

Information updated to October 2026.

How do the cap and lottery work?

Cap-subject employers register electronically in the USCIS window; selection precedes full petition filing. Cap-exempt employers still must prove specialty occupation and wage rules.

Item Cap-subject Cap-exempt
Numbers Annual limit Not under the same cap
Process Registration + lottery Petition without that lottery
Typical employers Private companies Universities, non-profit research

Global Immigrate note

Confirm specialty occupation and prevailing wage before lottery season. Applications are handled by Global Immigrate's in-house professional immigration team; plan alternatives if not selected.

Use the programme-matching tool or contact Global Immigrate advisors.

This article is general information, not legal or tax advice.

FAQ

Is the lottery always required?

For cap-subject employers yes; some universities and non-profit research employers are cap-exempt.

Is H-1B a green card?

No. It is non-immigrant; green cards need a separate immigrant category such as EB-2 or EB-3.

Can family join?

Spouse and unmarried minor children may seek H-4; H-4 work authorisation depends on conditions.

How long can I stay?

There is a general maximum; extensions may be available with green-card progress under USCIS rules.

H-1B or L-1?

Intracompany transfer history fits L-1; standard specialty roles with lottery willingness fit H-1B.

Sources

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