Complete guide to the H-1B visa process — from finding a sponsor to petition approval. Steps, timelines, costs, and tips for 2026.
Last updated: April 2026 · Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Consult a licensed immigration attorney.
The H-1B is a non-immigrant work visa that allows U.S. employers to hire foreign workers in specialty occupations. These roles typically require at least a bachelor's degree or equivalent in a specific field such as engineering, computer science, medicine, or finance. The visa is employer-sponsored, meaning you cannot apply on your own — a U.S. company must petition on your behalf. Each H-1B visa is valid for up to three years, with the possibility of extending to a maximum of six years. Beyond six years, extensions are possible if you have a pending green card application.
The first step is securing a job offer from a U.S. employer willing to sponsor your H-1B visa. Not all employers sponsor H-1B visas, and sponsorship rates vary significantly by industry and company size. Technology companies, consulting firms, healthcare organizations, and universities are among the most active sponsors. You can research employer sponsorship history using DOL LCA filing data — companies that have filed Labor Condition Applications in the past are likely to sponsor again. Our employer database tracks sponsorship patterns for over 23,000 companies.
Before filing the H-1B petition, your employer must submit a Labor Condition Application (LCA) to the Department of Labor. The LCA attests that: (1) you will be paid at least the prevailing wage for your occupation in your work area, (2) your employment won't adversely affect working conditions of similarly employed U.S. workers, (3) there is no strike or lockout at the worksite, and (4) notice of the filing has been provided to workers. The DOL typically certifies LCAs within 7 business days. This is the data that H1BSalaryCheck tracks — every LCA filing is a public record.
Since 2020, USCIS uses an electronic registration system for the H-1B cap. Each year in March, employers submit registrations ($215 fee per beneficiary) for the upcoming fiscal year. USCIS then conducts a random lottery to select enough registrations to meet the 85,000 annual cap (65,000 regular + 20,000 for U.S. master's degree holders). If selected, the employer has 90 days to file the full H-1B petition. Selection rates have varied from about 25% to 85% depending on the number of registrations. In recent years, USCIS has implemented a beneficiary-centric selection process to prevent multiple registrations for the same worker.
After lottery selection, the employer files Form I-129 (Petition for Nonimmigrant Worker) with USCIS. The petition package includes: the approved LCA, evidence of the specialty occupation, proof that the beneficiary meets qualifications (degree, transcripts, experience letters), employer support letter describing the role, and the filing fee ($1,710 base + additional fees based on company size). The total employer cost ranges from $2,500 to $10,000+ depending on company size and whether premium processing is used.
USCIS reviews the petition and makes one of several decisions: approval, denial, or a Request for Evidence (RFE). Regular processing takes 3-6 months. Premium processing ($2,805) guarantees a response within 15 business days. If an RFE is issued, you typically have 60 days to respond with additional documentation. Common RFE topics include: specialty occupation qualification, beneficiary qualifications, employer-employee relationship, and wage level concerns. Our USCIS petition data shows approval and denial rates by employer.
If you're outside the U.S. when the petition is approved, you'll need to attend a visa interview at a U.S. embassy or consulate. Bring: your passport, DS-160 confirmation, I-797 approval notice, employer support letter, degree certificates, and recent pay stubs if applicable. Wait times vary significantly by country — check the embassy website for appointment availability. After stamping, you can enter the U.S. up to 10 days before your employment start date.
Here is the typical H-1B timeline for cap-subject petitions: January-February: Employer prepares LCA and petition documents. March 1-18: Electronic registration period. March 31: Lottery results announced. April 1 - June 30: 90-day filing window for selected registrations. April-September: USCIS adjudication (or 15 days with premium processing). October 1: Earliest start date for new H-1B employment. For cap-exempt employers (universities, nonprofits, government research organizations), petitions can be filed year-round without lottery participation.
Total H-1B costs typically range from $3,000 to $15,000, borne primarily by the employer. Key fees include: Registration fee ($215), Base filing fee ($1,710), ACWIA training fee ($750 or $1,500 based on company size), Fraud prevention fee ($500), Asylum program fee ($600), Premium processing fee ($2,805, optional), and Attorney fees ($2,000-$5,000). By law, the employer must pay the filing fees — they cannot be passed to the employee. However, some costs related to visa stamping and travel are typically the employee's responsibility.
The entire process from LCA filing to visa approval typically takes 4-8 months. With premium processing, USCIS adjudication takes 15 business days. Cap-subject petitions follow an annual cycle starting with March registration and October 1 start dates.
No. The H-1B is an employer-sponsored visa. A U.S. employer must file the petition on your behalf. You cannot self-petition for an H-1B visa.
The annual H-1B cap is 85,000 visas: 65,000 for regular applicants and 20,000 reserved for individuals with a U.S. master's degree or higher. Cap-exempt employers (universities, nonprofit research organizations) are not subject to this limit.
Total costs range from $3,000 to $15,000+, primarily paid by the employer. This includes USCIS filing fees ($1,710-$4,000+), attorney fees ($2,000-$5,000), and optional premium processing ($2,805).
Selection rates vary by year depending on the number of registrations. Recent rates have ranged from about 25% to 85%. The beneficiary-centric selection process implemented in FY2025 aims to give each unique beneficiary an equal chance regardless of how many employers register them.
Yes. Under the AC21 portability provision, you can begin working for a new H-1B employer as soon as the new employer files a non-frivolous H-1B petition. You don't need to wait for approval, and you don't need to go through the lottery again if you've already been counted against the cap.