H-1B

H-1B is a U.S. nonimmigrant classification for work in a specialty occupation: a role that needs specialized knowledge and a bachelor’s or higher in a directly related field (or equivalent). Initial stay is generally up to three years, typically extendable to six. It is employer-sponsored, not automatic after an MBA or OPT (USCIS H-1B page).

Does a U.S. MBA skip the lottery?+

No. A U.S. master’s can put the graduate in the 20,000 advanced-degree pool on top of the 65,000 regular cap. It does not guarantee selection. Most first-time private-employer H-1Bs are cap-subject. From FY2027 USCIS has described weighted selection by OEWS wage level (level I one entry, level IV four). Each unique beneficiary still counts once.

OPT, STEM OPT, and H-1B clocks

Status	Typical length	Cap?	Source / date
Post-completion OPT	12 months	No	USCIS OPT
STEM OPT	+24 months	No	USCIS STEM OPT
Cap-gap	To Oct. 1 if selected	N/A	USCIS cap-gap
H-1B	3 + 3 years typical	65k + 20k master’s	USCIS H-1B

Twelve-month OPT often yields one March registration. STEM OPT can yield two more. CIP 52.0201 does not create those extra seasons. Cap-gap can cover work from OPT expiry to October 1 when the petition is timely filed and selected. Lottery selection is not an approved petition.

Example: May MBA on OPT July-June has one registration window the next March. Classmate on STEM OPT (52.1301, E-Verify employer) can sit through additional March windows. CSEA starting salary is not an H-1B wage-level determination; LCA wages use OEWS for the SOC code and location.

Common errors

• Treating lottery selection as an approved petition
• Assuming every MBA job is a specialty occupation because it pays well
• Counting cap-gap as a third year of OPT
• Using “H-1B” as a synonym for any work authorization in an employment report

FAQ

Does an MBA automatically meet the degree test?+

No. USCIS looks at the job’s requirements and relatedness of the degree. A general 52.0201 MBA can support some management roles and fail others.

What is the master’s cap?+

Up to 20,000 H-1B grants each fiscal year for people with a U.S. master’s or higher, besides the 65,000 regular cap.

Is H-1B permanent work authorization?+

No. CSEA permanent work authorization for a U.S. program means citizens and permanent residents. H-1B is temporary.

Can I freelance on H-1B?+

Generally no. H-1B is tied to the petitioning employer and listed terms. OPT self-employment rules do not carry over.