H-1B Work Visa Step by Step

Who this is for: Chinese students in the U.S. planning to move from OPT/STEM OPT to H-1B; current H-1B workers who want to change jobs or renew their visa in China; and people in China whose U.S. employer wants to file an H-1B for them.

Facts follow USCIS, the State Department and the U.S. Embassy and Consulates in China, last checked 2026-10-14. Items marked ⚠️ (fees, policies, litigation) change fast, so check the official sites again before filing or booking flights.

1. The five big H-1B changes in 2025–2026

Details below.

2. Overview and timeline

Flow: The employer decides to sponsor → electronic registration in March ($215 per person, wage level entered) → selection results by the end of March → the employer files the LCA → I-129 filed within 90 days starting April 1 → in the U.S.: change of status (cap-gap continues), effective October 1; abroad: after approval, interview in China and enter (the $100,000 may apply ⚠️) → before re-entering after any trip abroad you need an H-1B visa in your passport

3. Step 1: Registration (March)

The cap

• The regular cap is 65,000 (up to 6,800 reserved for H-1B1 nationals of Chile and Singapore);
• An additional 20,000 for U.S. master's degrees or higher (master's cap).
• Cap-exempt: H-1Bs at universities and their affiliated nonprofits, nonprofit research organizations and government research organizations don't go through the lottery.

How the 2026 "weighted lottery" works ⚠️

At registration the employer must enter the SOC occupation code, work location and the highest OEWS wage level that your wage meets or exceeds. If registrations exceed the cap, USCIS assigns entries by level:

• Each person counts as one "unique beneficiary"; extra registrations by the same employer don't add entries, and two registrations for the same person by the same employer are both invalidated.
• Registration fee: $215 per person, non-refundable. Registration requires your valid passport details; entering "NA" or similar makes it invalid.
• The I-129 filed after selection must match the registration: the same SOC code and a wage no lower than the prevailing wage for the level registered, with the basis for choosing that level. Mismatches can lead to denial.
• ⚠️ Modeled probabilities are estimates, not actual FY2027 selection rates. As of today USCIS has not published FY2027 selection data by level.

Who decides the level? The employer (and its lawyer), based on the job, location and your wage. Employees usually can't see the registration; you can politely ask HR which level you were registered at.

4. Step 2: Filing the I-129 after selection

1. LCA (Labor Condition Application, ETA-9035): the employer applies to the Department of Labor, promising to pay at least the prevailing wage.
2. I-129 + H Supplement + H-1B Data Collection Supplement: filed on paper or online within the 90-day window; the start date can't be earlier than October 1.
   • ⚠️ Form edition: the current I-129 edition is 09/09/26; from 2026-11-09 only this edition is accepted (the 02/27/26 edition is accepted until then).
3. What you provide: passport, I-94, all I-20s (F-1 students), diplomas and transcripts (foreign degrees need an evaluation), résumé, pay stubs and so on.

Fees the employer pays ⚠️ (USCIS fee schedule G-1055, 10/07/26 edition)

Our note: H-1B petition costs are normally paid by the employer; if your employer asks you to pay, find out exactly which fee and consult a lawyer if needed (the Department of Labor has rules on which costs can't be passed to employees; we have not checked them item by item here).

In the U.S.: F-1/OPT to H-1B and cap-gap

• The employer requests a "change of status" in the petition.
• Cap-gap: if your OPT ends while the H-1B petition is pending or approved, your F-1 status and work authorization extend to April 1 of the fiscal year or the H-1B start date, whichever is earlier.
• Once approved, you become H-1B automatically on October 1 without leaving. Note: after a change of status, you need an H-1B visa stamp before re-entering from any trip abroad.

5. The $100,000 payment: who actually pays? ⚠️

The presidential proclamation (signed 2025-09-19, effective 12:01 a.m. Eastern on 2025-09-21) requires certain new H-1B petitions to include a $100,000 payment. According to USCIS:

It applies to petitions filed on or after 2025-09-21 where:

• The beneficiary is outside the U.S. without a valid H-1B visa;
• The petition requests consular notification, port-of-entry notification or pre-flight inspection (even if the person is in the U.S.);
• The petition requests a change of status or extension that USCIS finds ineligible (for example, the status had lapsed or the person left before approval).

It does not apply to:

• H-1B visas already issued and still valid; petitions filed before 2025-09-21;
• Changes of status, extensions and amendments approved inside the U.S. (for example F-1 OPT to H-1B approved, or a change of employer approved). These people later interviewing abroad based on the approved petition, or returning with a valid H-1B visa, don't owe the payment either.
• The proclamation doesn't bar current H-1B holders from traveling.

How to pay: at pay.gov, with proof of payment included with the I-129; petitions without it are denied. The Secretary of Homeland Security may grant exceptions in "extraordinarily rare" cases in the national interest.

Current status (as of 2026-10-14):

• On 2026-06-08 the federal district court in Massachusetts vacated the agency guidance implementing the payment; on 2026-07-24 the First Circuit declined to stay that ruling. USCIS says it "disagrees but will comply with the court order" and plans to collect the payment if the order is lifted.
• On 2026-09-18 the President signed a new proclamation (No. 11069, published in the Federal Register on 2026-09-23) extending the restriction to 2027-09-21.
• Several law firms report a partial injunction issued by a federal court in Northern California on 2026-09-30; we did not verify this on government websites.
• Separately, DHS proposed a rule on 2026-08-25 to charge $103,265 on every cap-subject H-1B petition. This is only a proposal; the comment period closed 2026-09-24 and it is not in effect.

In one sentence: people whose change of status is approved inside the U.S. are basically not affected by the $100,000; people applying for an H-1B directly from abroad are most affected, but the payment is in a "legally still there, actually not being collected" state, so have the employer's lawyer assess it based on the situation on the day of filing.

6. Changing employers (H-1B transfer)

• The new employer files a new LCA and I-129 (no new lottery, since you've already been counted against the cap) and pays the fraud fee, ACWIA and so on.
• Portability: once the new employer properly files a non-frivolous petition (or on the start date in the petition, whichever is later), you can start working for the new employer without waiting for approval, provided you haven't worked without authorization since your last entry and you file within your H-1B period.
• If the new petition is denied: you can return to the old employer if that authorization is still valid; work authorization based on portability ends with the denial.
• Laid off or quit: you have up to 60 consecutive days (or until your I-94 expires, if shorter) to find a new employer, change status or leave.
• Moving from a cap-exempt employer such as a university to an ordinary company: if you've never been counted against the cap, you must go through the lottery.
• If the employer dismisses you for reasons other than voluntary resignation, it must pay reasonable return transportation costs.

7. Extensions and the 6-year limit

• The initial approval is usually up to 3 years, with a further 3-year extension, 6 years in total.
• Beyond 6 years:
  • If your I-140 is approved but a green card number isn't available because of per-country limits (common for people born in mainland China), you can extend up to 3 years at a time;
  • If a PERM or I-140 was filed 365 days or more ago, you can extend 1 year at a time.
• "Self-employed" H-1Bs owning more than 50% get at most 18 months for the initial petition and the first extension.
• Family: spouses and unmarried children under 21 apply for H-4; H-4 spouses of people in the green card process may qualify for an H-4 EAD. For green card waits see Employment-based green cards.

8. Visa stamping in China

When you need it

H-1B status (I-797 approval, I-94) and the visa (the foil in your passport) are different things. Status is valid inside the U.S.; as soon as you leave, you need a valid H-1B visa to re-enter.

Special rules for Chinese applicants ⚠️

The process

1. Fill out the DS-160 (see Filling out the DS-160), listing social media truthfully;
2. Pay and book in the appointment system at the Beijing, Shanghai, Guangzhou, Shenyang or Wuhan post (see Booking a visa interview);
3. On the day bring: passport, DS-160 confirmation, appointment confirmation, photo, I-797 approval notice, employment verification letter, recent pay stubs, résumé and diploma; if you changed status in the U.S., your I-20s and other status records;
4. Outcome: approved on the spot (passport kept for the visa), 221(g) (more documents or administrative processing; see 221(g)), or refusal.

Common officer questions

• What do you do at your company? Which projects and tech stack?
• What does the company do? How many employees?
• What is your salary?
• Where did you graduate and in what field? Your advisor/research area?
• Will you work at a client site (third-party worksite)?
• Have you been refused a visa or put in administrative processing before?

9. What applicants report (since 2025, individual experiences, not guarantees)

• The lottery: 2026 forum discussion focused on the higher difficulty for Level I new graduates, though there were plenty of Level I and II selection reports too. Many said their company didn't tell them which level was registered. Some planned to negotiate a raise or move to a higher-level job; others prepared O-1, cap-exempt employers and other backups.
• More and longer checks at stamping: from late 2025 into 2026, reports on 1point3acres, US Card Forum and checkee.info of H-1B stamping in China going into administrative processing rose noticeably. Commonly people got a 221(g) at the interview saying social media review was needed, and it changed to issued within days to weeks; others waited a month or two or more, and a batch of late-2025 cases waited a long time. STEM, semiconductor and AI fields were more often asked for a résumé and project description.
• Social media: many were asked "do you know the social media policy?" The shared advice: set accounts to public as required and list every account on the DS-160; don't delete accounts, change names or mass-delete posts at the last minute, since inconsistency causes more trouble.
• Booking: Shanghai slots are often tight, and some switched to Wuhan or Shenyang; forums generally advise against third-country interviews for people without residence there.
• Travel planning: the shared advice is to allow at least a 1–2 month "check" buffer, talk to your manager in advance about working remotely, and not travel abroad while a new H-1B petition is pending.

10. FAQ

1. I'm on F-1 and was selected during OPT. Do I owe the $100,000? According to USCIS, changes of status approved inside the U.S. are not covered, and leaving to get the visa stamped and re-entering after approval doesn't count either. But if the change of status is denied or you leave before approval, you may fall within the scope. And the payment is currently not collected because of court orders. ⚠️

2. Is the master's cap still an advantage with weighted selection? Yes. People with U.S. master's degrees or higher are first entered in the 65,000 regular lottery with everyone else and, if not selected, in the 20,000 master's lottery, giving two chances; the weighting applies to the master's lottery too.

3. Can my company register me twice in one year? No. Two registrations for the same person by the same employer (and related entities) are both invalidated; different genuine employers can each register, but must not collude.

4. Do I go through the lottery again when changing jobs? Generally no. An H-1B worker already counted against the cap can move to another employer (including ordinary companies) without the lottery; the new employer just files an I-129.

5. Can I start working as soon as the new employer files? Yes, from the filing date or the start date in the petition (whichever is later), as long as you are in valid status and filed within your H-1B period.

6. What if I'm laid off? Up to a 60-day grace period (not beyond the I-94 date). You can have a new employer file an H-1B, change to another status (such as B-2, F-1 or H-4), or leave.

7. My H-1B visa expired, but my I-797 and I-94 are valid. Can I stay in the U.S.? Yes. The visa is only for entry; your lawful stay depends on the I-94. Get a new visa stamp before your next trip back.

8. Can I renew my visa inside the U.S.? As of 2026-10-14 we found no domestic renewal program on the State Department website that applies to Chinese nationals. Under current rules you apply in your country of nationality or residence.

9. Why does a Chinese passport only get a 1-year H-1B visa? It's the U.S. reciprocity arrangement for China: H-1B visas are up to 12 months, multiple entry, not beyond the petition approval. An expired visa doesn't affect your lawful status in the U.S.

10. What social media materials do I need for the interview? The official requirement is to set accounts to public and list them truthfully on the DS-160. You don't need to print screenshots or submit an extra list.

11. Official links

• USCIS H-1B page (including the $100,000 explanation, portability, the 6-year limit): https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations
• USCIS H-1B cap season (weighted selection, filing requirements, premium fee): https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations/h-1b-cap-season
• USCIS H-1B electronic registration process: https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations/h-1b-electronic-registration-process
• USCIS: FY2027 cap reached: https://www.uscis.gov/newsroom/alerts/uscis-reaches-fiscal-year-2027-h-1b-cap
• USCIS cap-gap: https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations/extension-of-post-completion-optional-practical-training-opt-and-f-1-status-for-eligible-students
• USCIS H and L filing fees: https://www.uscis.gov/forms/all-forms/h-and-l-filing-fees-for-form-i-129-petition-for-a-nonimmigrant-worker
• USCIS fee schedule G-1055 (PDF): https://www.uscis.gov/sites/default/files/document/forms/g-1055.pdf
• Form I-129: https://www.uscis.gov/i-129
• Premium processing: https://www.uscis.gov/forms/all-forms/how-do-i-request-premium-processing
• Federal Register: weighted selection final rule: https://www.federalregister.gov/documents/2025/12/29/2025-23853/weighted-selection-process-for-registrants-and-petitioners-seeking-to-file-cap-subject-h-1b
• Federal Register: September 2026 proclamation extending the $100,000 restriction: https://www.federalregister.gov/documents/2026/09/23/2026-19554/restriction-on-entry-of-certain-nonimmigrant-workers
• Federal Register: proposed $103,265 fee (not in effect): https://www.federalregister.gov/documents/2026/08/25/2026-17324/fee-for-certain-h-1b-petitions
• Federal Register: 9-11 biometric fee final rule: https://www.federalregister.gov/documents/2026/08/10/2026-16231/9-11-response-and-biometric-entry-exit-fee-for-h-1b-and-l-1-visas
• State Department visa fees: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/fees-visa-services.html
• China reciprocity schedule: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/China.html
• State Department: expanded vetting for H-1B and H-4 applicants (2025-12): https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visas-news-archive/announcement-of-expanded-screening-and-vetting-for-h-1b-and-dependent-h-4-visa-applicants.html
• State Department: latest vetting categories (updated 2026-09-18): https://travel.state.gov/content/travel/en/News/visas-news/announcement-of-expanded-screening-and-vetting-for-visa-applicants.html
• Interview waiver update (2025-09-18): http://travel.state.gov/content/travel/en/News/visas-news/interview-waiver-update-sept-18-2025.html
• Applying in your country of nationality or residence: https://travel.state.gov/content/travel/en/News/visas-news/adjudicating-niv-applicants-in-their-country-of-residence.html

Disclaimer: This guide is for reference only and is not legal advice. H-1B rules, fees and litigation change frequently; follow the latest from USCIS, the State Department and the U.S. Embassy and Consulates in China. Questions such as your registered wage level, whether the $100,000 applies, or extensions beyond 6 years should be assessed by your employer's immigration attorney based on your situation.