Immigration Guide · /guides/h1b-visa

H-1B Specialty Occupation Visa — Washington DC, Virginia & Maryland

The H-1B is the most common employment-based work visa for professionals in specialty occupations. Hasan Legal PC represents H-1B beneficiaries and employers across the DMV (DC, Maryland, Virginia) — including federal contractors in Northern Virginia, healthcare and research institutions in Bethesda and Baltimore, and technology and consulting firms throughout the National Capital Region.

01

Who qualifies for the H-1B in 2026

The H-1B visa is reserved for foreign professionals working in a specialty occupation that requires at least a U.S. bachelor's degree (or its foreign equivalent) in a specific field. Common qualifying fields include software engineering, data science, financial analysis, civil and electrical engineering, architecture, accounting, and certain healthcare and life-science roles. The petitioning U.S. employer must demonstrate the position is genuinely a specialty occupation and pay the prevailing wage as determined by a certified Labor Condition Application (LCA).

02

The H-1B cap and FY2027 lottery

Each fiscal year USCIS has 65,000 regular H-1B numbers plus 20,000 reserved for U.S. master's-degree holders. Cap registration for FY2027 opens in March 2026; employers must register electronically and pay the $215 registration fee per beneficiary. Selected registrations may then file a full I-129 H-1B petition between April 1 and June 30, 2026 for an October 1, 2026 start date.

03

Processing times and premium processing

Standard I-129 H-1B adjudication is currently running 3 to 6 months in 2026. Premium processing (Form I-907, $2,805) guarantees a USCIS decision within 15 business days and is available for both new petitions and extensions. Federal contractors in Northern Virginia routinely use premium processing to onboard cleared talent quickly.

04

Cap-exempt H-1B employers in the DMV

Universities, affiliated nonprofit research organizations, and government research institutions are exempt from the annual H-1B cap. Petitions can be filed any time of year. Examples in the DC region include Johns Hopkins University, the University of Maryland system, Georgetown University, George Washington University, the National Institutes of Health, and many federally funded research and development centers.

05

H-1B transfers and AC21 portability

Under AC21 portability, an H-1B worker may begin employment with a new sponsoring employer as soon as USCIS receives a non-frivolous H-1B transfer petition — they do not need to wait for approval. The cap does not apply to transfers, extensions, amendments, or concurrent employment for someone already counted against the cap.

06

From H-1B to a green card

Most H-1B holders transition to permanent residency through employer-sponsored EB-2 or EB-3 categories (PERM labor certification, then I-140, then I-485 or consular processing). EB-1A and EB-1B categories may be available for individuals with extraordinary ability or outstanding researchers and professors. Hasan Legal PC routinely manages the entire H-1B-to-green-card pathway.

07

Frequently Asked Questions

How long does H-1B processing take in Washington DC, Virginia and Maryland in 2026?
Standard H-1B I-129 processing is taking 3 to 6 months in 2026 across all USCIS service centers. Premium processing guarantees a 15-business-day response for an additional $2,805 fee.
When does the H-1B FY2027 lottery registration open?
USCIS opens H-1B cap registration in March 2026 for the fiscal year 2027 cap. Employers must register each prospective beneficiary electronically and pay the $215 registration fee. Selected registrants may then file a full I-129 petition between April 1 and June 30, 2026.
What is the H-1B filing fee in 2026?
Total H-1B costs typically include the $215 registration fee, the $780 base I-129 filing fee, the $500 anti-fraud fee for a first-time filer, the ACWIA training fee ($750 or $1,500 depending on employer size), and the optional $2,805 premium processing fee. The $4,000 supplemental fee applies to certain large H-1B-dependent employers.
Can I change H-1B employers in Virginia or DC without losing status?
Yes. Under AC21 portability, you may begin work for a new sponsoring employer as soon as USCIS receives a non-frivolous H-1B transfer petition. You do not need to wait for the approval notice, and your status remains valid while the petition is pending.
Are universities and federal research labs in the DMV cap-exempt?
Yes. Universities, affiliated nonprofit research organizations, and government research institutions including NIH, FDA, and many federally funded research and development centers in the DC area are cap-exempt and may file H-1B petitions year-round outside the annual lottery.
Can my H-1B lead to a green card?
Yes. H-1B holders commonly transition to permanent residency through EB-1, EB-2 (including the National Interest Waiver), or EB-3 employment-based categories. The H-1B is one of the few nonimmigrant visas that permits dual intent, so pursuing a green card does not jeopardize your H-1B status.

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Last updated 2026-04-28 · Source: USCIS · For informational purposes only — not legal advice · Consult an attorney for your specific situation.