The H-1B is a nonimmigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. A specialty occupation generally requires at least a bachelor's degree or its equivalent in a specific field directly related to the job duties. Common qualifying fields include computer science, engineering, mathematics, medicine, law, and architecture.

H-1B status is granted for an initial period of up to three years and can be extended for a maximum total stay of six years. Under certain circumstances — such as an approved I-140 immigrant petition or a pending labor certification — extensions beyond six years are available under the American Competitiveness in the Twenty-First Century Act (AC21).

The visa is employer-specific, meaning the beneficiary may only work for the petitioning employer in the role and location described in the approved petition. Changing employers requires the new employer to file a separate H-1B petition, and portability provisions under AC21 allow work to begin upon filing rather than upon approval.

Congress sets an annual cap of 65,000 H-1B visas for regular petitions, plus an additional 20,000 visas reserved for beneficiaries who hold a U.S. master's degree or higher. Because demand consistently exceeds supply, USCIS conducts a random lottery among timely registrations each spring. In recent fiscal years, the selection rate has hovered between 25 and 35 percent.

Not every H-1B petition is subject to the cap. Employers such as institutions of higher education, nonprofit research organizations, and governmental research entities are cap-exempt. In the Seattle area, the University of Washington and the Fred Hutchinson Cancer Center are notable cap-exempt employers. Workers counted against the cap in a prior approval may also be exempt when transferring to a new employer or extending status.

Understanding whether a position qualifies for cap exemption is critical to timing strategy. Cap-exempt petitions may be filed at any time of year and are not subject to the lottery, giving both employers and applicants far greater certainty.

The greater Seattle metropolitan area — encompassing Bellevue, Redmond, Kirkland, and other Eastside cities — is one of the top H-1B filing regions in the country. Major technology employers including Amazon, Microsoft, Google, and Meta collectively sponsor thousands of H-1B petitions each year. Beyond the established giants, Seattle's rapidly growing startup ecosystem and the presence of enterprise software, cloud computing, biotech, and aerospace firms create broad demand for skilled international talent.

Prevailing wages in the Seattle-Bellevue-Tacoma metropolitan statistical area tend to be higher than national averages, reflecting the region's elevated cost of living and competitive labor market. Employers should plan for Level 1 through Level 4 wages that may significantly exceed those in other parts of the country, and should be prepared to demonstrate that the offered wage meets or exceeds the applicable prevailing wage for the specific occupation and experience level.

Seattle-area employers also benefit from proximity to cap-exempt institutions such as the University of Washington, which operates one of the largest research enterprises on the West Coast. Partnerships and affiliate relationships with these institutions can sometimes create cap-exempt opportunities that merit careful legal analysis.