Who this is for
- Workers with a U.S. job offer in a role that typically requires a bachelor's degree or higher in a specific field
- People who hold that degree (or a foreign equivalent, or a combination of education and experience that an evaluator treats as equivalent)
- International students finishing U.S. degree programs, often moving from F-1 status (sometimes after OPT)
- Workers hired by cap-exempt employers, such as universities, their affiliated nonprofits, and nonprofit or government research organizations
- Current H-1B workers changing employers or extending their stay, who are generally not subject to the lottery again
Forms involved
| Form | Official name | What it does |
|---|---|---|
| ETA-9035/9035E | Labor Condition Application (LCA) | The employer files this with the Department of Labor to attest to wages and working conditions before filing with USCIS. |
| Registration | H-1B electronic registration | For cap-subject cases, the employer registers each worker online during the registration period, and only selected registrations can be filed as petitions. |
| I-129 | Petition for a Nonimmigrant Worker | The main petition the employer files with USCIS, including the H classification supplement. |
| I-907 | Request for Premium Processing Service | An optional request that speeds up USCIS's initial decision for eligible petitions. |
| DS-160 | Online Nonimmigrant Visa Application | Used by workers outside the U.S. to apply for the H-1B visa stamp at a U.S. consulate after approval. |
| I-539 | Application to Extend/Change Nonimmigrant Status | Used by a spouse or children in the U.S. to get or extend H-4 dependent status. |
Step by step
- Employer confirms the job qualifiesThe employer and its attorney review whether the role is a specialty occupation and determine the required wage for the job and location.
- Registration and selection (cap cases)If the employer is not cap-exempt, it submits an online registration during the spring registration window. USCIS then runs its selection, and only selected registrations move forward.
- File the LCA with the Department of LaborThe employer files the Labor Condition Application and waits for DOL certification. The certified LCA is required for the USCIS petition.
- File Form I-129 with USCISThe employer files the petition with supporting evidence of the job, the company and the worker's qualifications, within the filing window USCIS sets for selected registrants.
- Respond to any request for evidenceUSCIS may ask for more documents, often about the job's degree requirement or the employer-employee relationship.
- Visa stamp or change of statusA worker already in the U.S. may change status directly if eligible. A worker abroad usually completes a DS-160 and consular interview before traveling.
- Start workCap-subject workers generally cannot start H-1B employment before October 1 of the fiscal year they were selected for.
Documents usually requested
- Passport and current immigration documents (such as I-94 and prior approval notices)
- Diplomas and transcripts
- Foreign credential evaluation, if the degree is from outside the U.S.
- Résumé and letters confirming past work experience
- Signed job offer letter describing duties, salary and work location
- Certified Labor Condition Application (provided by the employer)
- Employer information, such as company description, organizational chart or financial documents
- Professional license, if the occupation requires one in the state of employment
- Marriage and birth certificates for a spouse or children applying for H-4
How long it takes
Timing depends on whether the case is cap-subject (tied to the yearly registration cycle and October 1 start date), whether premium processing is used, DOL certification of the LCA, and consular appointment availability abroad. USCIS posts current estimates on its processing times page.
Government filing fees
Form I-129 carries a USCIS filing fee, and H-1B cases may also involve registration, anti-fraud and other employer-paid fees set by statute, plus an optional premium processing fee; many of these must be paid by the employer, not the worker. Amounts change, so check the USCIS fee schedule (G-1055) and the USCIS H-1B page for any additional payment that may apply.
Working and traveling while you wait
A worker generally may only work for the H-1B employer named in the approved petition, though a pending petition for a new employer can allow a qualifying H-1B worker to start with that employer while it is pending. Travel abroad usually requires a valid H-1B visa stamp to return, and travel during a pending change of status can cause problems, so check with an attorney first.
Common mistakes to avoid
- Assuming the worker can file the H-1B alone — the employer must be the petitioner
- Job descriptions that are vague or don't clearly show why a degree in a specific field is needed
- Offering a wage below what the LCA and prevailing wage rules require
- Missing the registration window or the petition filing deadline after selection
- Traveling abroad while a change of status is pending without understanding the consequences
How MyUSVisa helps
- Answer a guided questionnaire in your language and upload your documents once — we read, sort and assemble them into a clear case file and timeline.
- Your organized case is offered to licensed U.S. immigration attorneys who handle this type of case. Interested attorneys send you offers, and you compare and choose — or don't.
- Once you choose, you and your attorney work in one place: messages, documents, deadlines and automatic USCIS status updates, on the web and in the mobile app.
Frequently asked questions
Can I apply for an H-1B visa myself?
No, an H-1B petition must be filed by a U.S. employer (or a qualifying agent) on the worker's behalf. The worker provides documents and information, but the employer files the LCA and Form I-129 and takes on wage and compliance obligations.
How does the H-1B lottery work now?
Employers register candidates online each spring, and USCIS selects registrations up to the yearly numbers needed for the cap. Starting with the FY 2027 season (registration in March 2026), USCIS uses a weighted selection that generally gives more chances to registrations at higher wage levels instead of a purely random draw. Rules can change, so check the USCIS H-1B registration page for the current process.
What is the September 2025 H-1B proclamation?
In September 2025 the President issued a proclamation that placed an extra payment requirement and entry restriction on certain new H-1B petitions, mainly for workers outside the United States. It has been extended and challenged in federal court, and whether it is being enforced has changed over time. Check the USCIS H-1B page and ask an attorney how it may apply to a specific case.
Do all employers have to go through the lottery?
No, cap-exempt employers can file H-1B petitions at any time of year without registration. These generally include universities, nonprofits affiliated with universities, and nonprofit or government research organizations; an attorney can confirm whether a specific employer qualifies.
Can I change jobs on an H-1B?
Yes, in many cases an H-1B worker can move to a new employer, but the new employer must file its own petition. Workers already counted against the cap are usually not required to go through the lottery again.
Can my spouse work on an H-4 visa?
Sometimes. H-4 spouses are not automatically allowed to work, but some may apply for a work permit, for example when the H-1B worker has an approved immigrant petition (Form I-140) or certain extensions based on a pending green card process.
Official sources
Last reviewed: October 2026
This guide is general information, not legal advice, and reading it does not create an attorney–client relationship. Immigration rules, forms and fees change often — always check the official sources above. MyUSVisa is not a law firm and is not affiliated with USCIS or any government agency; legal advice comes only from the licensed attorney you choose.