H-1B Process Steps: Registration, Petition, and Adjudication

The H-1B visa follows a fixed sequence of process steps: electronic registration and lottery selection, a certified Labor Condition Application from the Department of Labor, a Form I-129 petition filed with USCIS, adjudication, and finally either a change of status inside the United States or a visa stamp at a U.S. consulate abroad. Congress caps new H-1B visas at 85,000 per fiscal year, and recent cycles have drawn more than 300,000 registrations for those slots, so each step has its own paperwork, fees, and deadlines that matter.

Step One: Electronic Registration and the Lottery

Cap-subject employers begin by creating an organizational account in the USCIS online portal. During the registration window, the employer enters its legal business name, any trade names, and its Employer Identification Number, and for each prospective worker it provides the person’s legal name as shown on their passport, date of birth, gender, country of birth, country of citizenship, and passport number.¹ The passport or travel document must be current and unexpired at the time of registration. If it expires later, the petitioner submits the new passport information on Form I-129 with an explanation covering both documents.²

The registration fee is $215 per beneficiary. Each employer may submit only one registration per beneficiary per fiscal year. If duplicates are found after the window closes, USCIS invalidates all of that employer’s registrations for the affected worker with no refund. Different employers can each register the same individual, but each employer is limited to a single entry per person.¹

After the window closes, USCIS runs the selection. Congress set the regular annual cap at 65,000, with an additional 20,000 slots reserved for workers who hold a master’s degree or higher from a U.S. institution.³ Employers are notified through their online accounts, and each registration receives a unique confirmation number. If a registration is not selected, no I-129 can be filed for that worker that fiscal year unless USCIS runs a later selection round.

One boundary here: universities, nonprofit research organizations, government research entities, and nonprofits affiliated with institutions of higher education are cap-exempt. They skip registration and the lottery entirely and can file H-1B petitions year-round.³

Step Two: Certified Labor Condition Application

Once a registration is selected (or if the employer is cap-exempt), the next step lives at the Department of Labor. The employer files Form ETA-9035 through the FLAG system, identifying the occupation, the worksite locations, and the wage being offered.⁴

The offered wage must meet or exceed whichever is higher: the actual wage the employer pays other workers in the same role, or the prevailing wage for that occupation and geographic area. DOL assigns prevailing wages at four levels based on experience, ranging from entry-level at roughly the 17th percentile of local wages up to fully competent at the 67th percentile. Employers typically obtain a prevailing wage determination from DOL’s National Prevailing Wage Center or use data from the Occupational Employment and Wage Statistics survey.⁵

The employer also attests that hiring the foreign worker will not harm the working conditions of U.S. workers in the same role. As part of the filing, notice must go either to the union representing that occupation or, if there is no union, by posting the LCA in two visible locations at each worksite for 10 consecutive days. Electronic notice sent directly to all affected employees also satisfies the requirement.⁶

DOL reviews the LCA for completeness and obvious errors but does not investigate the underlying claims at this stage. Certification typically takes about seven business days. A certified LCA is a prerequisite for the I-129, so this step needs to finish before the next one begins.

Step Three: Preparing the Form I-129 Petition

Form I-129, the Petition for a Nonimmigrant Worker, is the heart of the filing. It has to prove two things: the worker qualifies for the role, and the role itself qualifies as a specialty occupation.⁷

To establish the worker’s qualifications, the employer gathers academic transcripts, diplomas, and any professional licenses. Degrees earned outside the United States need a formal credential evaluation showing equivalency to a U.S. bachelor’s or higher. If the worker is already in the country, proof of current legal status goes into the packet as well, such as a copy of their current visa or I-94 arrival record.⁸

To prove the position is a specialty occupation, the employer submits a detailed description of duties, typically broken down by percentage of time on each function, along with an explanation of why the role requires a specialized degree. A bachelor’s or higher in a directly related specialty must be the normal minimum entry requirement.⁷ A detailed offer letter spelling out salary, start date, duties, and duration rounds out the supporting evidence.

The package also includes the H Classification Supplement and the Data Collection and Filing Fee Exemption Supplement. These ask about workforce size and H-1B filing history, which USCIS uses to determine the correct fee tier. Evidence of the employer’s ability to pay the offered wage, such as tax returns or audited financial statements, strengthens the petition and is routinely requested.

Step Four: Fees and Payment

H-1B petition fees add up quickly, and the total depends on the employer’s size and options selected. The main components:

Base filing fee for Form I-129: $780 for most petitioners.
Fraud Prevention and Detection Fee: $500, required for every initial H-1B petition and every change-of-employer petition.⁹
ACWIA training fee: $1,500 for employers with 26 or more full-time equivalent employees, or $750 for those with 25 or fewer.
Asylum Program Fee: $600 for most employers, $300 for small employers with 25 or fewer FTEs, and waived entirely for nonprofit petitioners.¹⁰

A midsize employer filing a standard H-1B petition without premium processing can expect total fees in the $3,380 range. Smaller employers pay less, and nonprofits save the most by skipping the Asylum Program Fee.

USCIS stopped accepting personal checks and money orders for paper filings after October 28, 2025. Petitioners filing by mail now pay using a credit or debit card through Form G-1450 or an ACH bank transfer through Form G-1650.¹¹ Incorrect fee amounts or missing payment authorization forms trigger an immediate rejection of the entire petition.

Federal law prohibits employers from passing certain H-1B costs on to the worker. The fraud prevention fee, the ACWIA training fee, and all attorney and filing costs related to the LCA and I-129 must be paid by the employer. An employer also cannot impose a financial penalty on a worker for leaving before the end of a contract term. DOL investigates violations, and consequences include back pay awards and debarment from the program.⁹

Optional: Premium Processing

Employers who need a faster decision can file Form I-907 to request premium processing. This guarantees USCIS will take action within 15 business days, meaning an approval, denial, request for evidence, or notice of intent to deny. As of March 1, 2026, the premium processing fee for an I-129 petition is $2,965, paid on top of all other fees. If USCIS issues a request for evidence, the 15-business-day clock resets once the employer responds. Premium processing does not affect the merits of the petition; it only moves the case to the front of the queue.

Step Five: Adjudication, Receipts, and RFEs

Once USCIS accepts the petition, it issues a Form I-797 Notice of Action with a 13-character receipt number used to track the case online.¹² The number begins with three letters identifying the processing center, followed by 10 digits. Without premium processing, standard adjudication can take several months depending on the service center’s caseload.

If the reviewing officer finds gaps, they issue a Request for Evidence specifying what is missing. The response deadline is set in the RFE notice itself but cannot exceed 12 weeks. Missing the deadline results in a decision based on whatever is already in the file, which almost always means denial. Treat the RFE deadline as immovable.

Step Six: Change of Status or Consular Processing

What happens after approval depends on where the worker is. For a worker already in the United States on a different visa, the petition typically includes a request for change of status. If approved, the worker can begin H-1B employment on the start date listed in the petition without leaving the country. The approval notice specifies the validity period.

When the beneficiary is outside the United States, the approved I-129 triggers consular notification. The worker completes the DS-160, the Online Nonimmigrant Visa Application, through the State Department’s CEAC portal, selecting the embassy where they will interview.¹³ After submitting the DS-160, the applicant schedules a visa interview. The consular officer reviews the approved petition, the applicant’s qualifications, and whether the position genuinely requires a specialty degree. Required documents typically include the I-797 approval notice, the DS-160 confirmation page, a valid passport, and the employer’s offer letter. If the visa is issued, the worker can enter the United States up to 10 days before the employment start date on the petition.

How Long H-1B Status Lasts After Approval

H-1B status is initially granted for up to three years and can be extended for a total maximum of six years.¹⁴ Time spent in other H classifications (except H-4) or L-1 status counts against the six-year clock. After reaching the limit, the worker generally must leave the United States and remain abroad for at least one full year before becoming eligible for a new six-year period.

Two exceptions under the American Competitiveness in the 21st Century Act allow extensions past six years. If 365 or more days have passed since the employer filed a labor certification or I-140 immigrant petition, the worker can receive one-year extensions until that application is finally decided. And if the worker has an approved I-140 but cannot file for a green card because their priority date is not current due to per-country backlogs, they can receive extensions in up to three-year increments.

Family, Job Changes, and Location Changes

The H-1B worker’s spouse and unmarried children under 21 can apply for H-4 dependent status. If they are already in the United States, they file Form I-539, ideally at least 45 days before the current authorized stay expires; multiple family members can be included on a single filing by attaching Form I-539A for each additional dependent.¹⁵ H-4 dependents can live and study in the United States but generally cannot work, with a limited employment authorization exception for spouses whose H-1B partner has an approved I-140 or has been granted an H-1B extension beyond six years under AC21.

An H-1B worker does not have to stay with the original sponsoring employer for the full six years. Under the portability provision, the worker can begin employment with a new employer as soon as that employer files its own I-129 petition and a certified LCA covering the new position; the worker does not need to wait for approval before starting.¹⁶ Two conditions apply: the worker must currently be in valid H-1B status, and the new petition must be filed before the existing authorized stay expires.

Moving an H-1B worker to a new office, or allowing long-term remote work from a different location, is not a simple HR update. If the new worksite falls outside the metropolitan statistical area covered by the original LCA, the employer needs a new certified LCA and must file an amended I-129 before the worker begins at the new location. Filing after the move has already happened does not cure the gap and can raise questions about whether the worker maintained valid status.

1
U.S. Citizenship and Immigration Services. H-1B Electronic Registration Process
2
U.S. Citizenship and Immigration Services. H-1B Electronic Registration Frequently Asked Questions
3
U.S. Citizenship and Immigration Services. H-1B Cap Season
4
U.S. Department of Labor. H-1B, H-1B1 and E-3 Specialty (Professional) Workers
5
eCFR. 20 CFR 655.731 – What Is the First LCA Requirement, Regarding Wages?
6
eCFR. 20 CFR 655.734 – What Is the Fourth LCA Requirement, Regarding Notice?
7
U.S. Citizenship and Immigration Services. H-1B Specialty Occupations
8
U.S. Citizenship and Immigration Services. I-129, Petition for a Nonimmigrant Worker
9
U.S. Department of Labor. Fact Sheet: What Are the Rules Concerning Deductions From an H-1B Worker’s Pay?
10
U.S. Citizenship and Immigration Services. Frequently Asked Questions on the USCIS Fee Rule
11
U.S. Citizenship and Immigration Services. USCIS to Modernize Fee Payments with Electronic Funds
12
U.S. Citizenship and Immigration Services. Receipt Number
13
U.S. Department of State. Online Nonimmigrant Visa Application (DS-160)
14
Office of the Law Revision Counsel. 8 USC 1184 – Admission of Nonimmigrants
15
U.S. Citizenship and Immigration Services. I-539, Application to Extend/Change Nonimmigrant Status
16
U.S. Department of Labor. Fact Sheet: What Is “Portability” and to Whom Does It Apply?