Updated July 2026. Immigration rules change frequently. Always verify current requirements at uscis.gov or consult an immigration attorney.
The H-1B is the main work visa for professionals in specialty occupations in the United States, and that includes Puerto Rico. It allows U.S. employers to hire foreign workers in roles that require at least a bachelor’s degree in a specific field, such as engineers, software developers, accountants, physicians, architects, and financial analysts.
The 2026 season brought the most significant changes to the program in years. Here is what employers and professionals need to know.
Who qualifies for an H-1B
Three basic requirements apply:
- A specialty occupation. The position must require the theoretical and practical application of a body of highly specialized knowledge, and a bachelor’s degree or higher in a directly related specialty as a minimum for entry.
- A qualified worker. The candidate must hold that degree or its equivalent through education and experience.
- A sponsoring employer. Individuals cannot petition for themselves in the standard cap process. A U.S. employer, including one based in Puerto Rico, must file the petition and pay the required wage certified by the Department of Labor.
The cap and the lottery
Congress limits new H-1B visas to 85,000 per fiscal year: 65,000 under the regular cap and 20,000 reserved for holders of a U.S. master’s degree or higher. Demand consistently exceeds supply, so USCIS runs an electronic registration and selection process each spring.
For the most recent cycle (fiscal year 2027), registration ran from March 4 to March 19, 2026, with a nonrefundable fee of $215 per beneficiary. Selected employers can then file the full petition, and approved workers may begin employment as early as October 1. If you missed this year’s window, the next registration period is expected in March 2027.
New in 2026: selection weighted by wage level
Under a final rule effective February 27, 2026, the lottery favors higher-paid positions. Each registration receives entries according to the Department of Labor wage level offered: a Level IV salary receives four entries, Level III receives three, Level II receives two, and Level I receives one. Employers offering competitive salaries now have measurably better odds, and entry-level positions face longer ones. Designing the role and the offer strategically before registration has become an essential part of H-1B planning.
The $100,000 fee: where it stands
A September 2025 presidential proclamation imposed a $100,000 payment on certain new H-1B petitions, generally those filed for workers who are outside the United States and require consular processing. Workers already in the U.S. in valid status (for example F-1 students or L-1 employees) whose change of status is approved are exempt.
On June 8, 2026, a federal district court in Massachusetts ruled the fee unlawful. Days later, the same court temporarily paused its own decision while the government appeals. As of this writing, the fee remains in effect for qualifying petitions pending a ruling by the First Circuit Court of Appeals. This is one of the fastest-moving issues in immigration law right now, and any filing strategy involving a candidate abroad should be reviewed with counsel before committing.
Cap-exempt employers
Universities, nonprofit organizations affiliated with universities, and nonprofit or governmental research organizations can file H-1B petitions year-round, without the lottery. In Puerto Rico this opens real opportunities for hospitals, research institutions, and academic employers seeking specialized talent.
Duration and the path forward
H-1B status is granted for up to three years and can be extended to a maximum of six. It is a dual intent visa, which means the worker can pursue permanent residency (a green card) while in H-1B status, typically through the PERM labor certification process. Extensions beyond six years are possible when a green card process is sufficiently advanced.
Talk to an immigration attorney in Puerto Rico
KS Immigration Solutions has represented employers and professionals in H-1B matters for over 20 years, from Fortune 500 corporations to small businesses in Puerto Rico and the mainland United States. If your company is considering sponsoring a professional, or you are a candidate evaluating your options under the new rules, contact us for a consultation.
This article provides general information and does not constitute legal advice. Reading it does not create an attorney-client relationship. Every case is different; consult a licensed attorney about your specific situation.
