Updated November 11, 2026

Procedure for the H-1B visa: every step from registration to approval

The procedure for an H-1B visa starts with your US employer entering the electronic registration lottery in March (unless the employer is cap-exempt), getting a certified Labor Condition Application from the Department of Labor, and filing Form I-129 with USCIS. USCIS caps new approvals each fiscal year at 65,000 under the regular cap plus 20,000 for workers with a US master's degree or higher. Once USCIS approves the petition, workers inside the US can change status on October 1 without leaving, while workers outside the US apply for an H-1B visa at a US embassy or consulate and request admission from U.S. Customs and Border Protection.

What is the H-1B visa procedure from start to finish?

An H-1B visa is an employer-sponsored classification. You cannot file the petition on your own without a petitioning US employer or agent. USCIS divides the petition filing process into three core government stages, preceded by an electronic registration step if your job is subject to the annual numerical cap.

Here is the chronological checklist our team put together for cap-subject applicants and their sponsors:

• Confirm specialty occupation and cap status: Your employer verifies that the position requires a bachelor's degree or higher in a specific specialty and confirms whether the organization is cap-subject or cap-exempt.
• Submit electronic registration in March: Cap-subject employers register each beneficiary, assign the corresponding wage level, and pay the registration fee during the open window.
• Check selection notices by March 31: USCIS runs its weighted selection process and posts selection notices directly into the employer's online organizational account.
• Get a certified Labor Condition Application (LCA): The employer submits Form ETA-9035 or 9035E to the Department of Labor (DOL) and receives certification before submitting the petition.
• File Form I-129 with USCIS starting April 1: The employer submits Form I-129, the H Classification Supplement, the Data Collection Supplement, the certified LCA, academic records, and required filing fees within the 90-day window printed on the selection notice.
• Complete change of status or consular processing: If approved for a change of status inside the US, your H-1B status starts on the petition validity date (October 1 or later). If you are abroad, you apply for an H-1B visa at a US embassy or consulate and seek admission at a port of entry with U.S. Customs and Border Protection (CBP).

Who qualifies for an H-1B specialty occupation and cap exemptions?

The H-1B classification covers specialty occupations, Department of Defense (DOD) cooperative research and development project workers (H-1B2), and fashion models of distinguished merit and ability (H-1B3). For standard H-1B specialty occupations, USCIS requires the job to demand the theoretical and practical application of highly specialized knowledge, along with a US bachelor's or higher degree in a directly related specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States. Under 8 CFR 214.2(h)(4)(ii), directly related means there is a logical connection between the required degree and the duties of the position.

Under 8 CFR 214.2(h)(4)(iii)(A), the job must meet at least one of four regulatory criteria. In this rule, normally means usual, typical, common, or routine, rather than always. First, a US bachelor's or higher degree in a directly related specific specialty is normally the minimum entry requirement. Second, the degree requirement is common to the industry in parallel positions among similar US organizations. Third, the employer (or the third party if you are staffed to one) normally requires a degree or its equivalent for the role. Fourth, the specific duties are so specialized, complex, or unique that the knowledge required is normally associated with a bachelor's or higher degree.

To qualify as the worker under 8 CFR 214.2(h)(4)(iii)(C), you must meet one of four criteria: hold a US bachelor's or higher degree from an accredited college or university, hold an equivalent foreign degree, hold an unrestricted state license or certification authorizing you to fully practice the specialty occupation in the state of intended employment, or possess education, training, or progressively responsible experience equivalent to a US degree with recognized expertise in the field. When state law requires a license to practice, USCIS expects you to hold that license before petition approval rather than at initial filing.

Entrepreneurs can also use the program. USCIS clarifies that an entity in which you hold a controlling interest (owning more than 50 percent or possessing majority voting rights) may petition for you as a beneficiary owner. You must perform specialty occupation duties a majority of the time, though you may perform non-specialty duties directly related to directing the business. USCIS limits both the initial petition and the first extension for a beneficiary owner to validity periods of up to 18 months each.

Congress caps regular H-1B approvals at 65,000 new statuses or visas per fiscal year, with up to 6,800 reserved for the H-1B1 program under the US-Chile and US-Singapore free trade agreements. An additional 20,000 petitions are exempt from the cap for workers holding a master's degree or higher from a US institution of higher education. Beneficiaries skip the lottery entirely if employed at a US higher education institution, a related nonprofit entity, a nonprofit research organization, or a government research organization. Labor performed in Guam and the CNMI is also cap-exempt if the petition is filed before December 31, 2029.

Step 1: Electronic registration and the wage-weighted lottery

Cap-subject employers must submit an electronic registration during the initial registration period, which runs for at least 14 calendar days. For the FY 2027 cap season, the registration window opens at noon Eastern on March 4 and closes at 5:00 p.m. Eastern on March 19, with USCIS notifying selected registrants by March 31.

Employers create a USCIS organizational account to file. Even if an attorney prepares submissions using a legal representative account and files Form G-28, the employer must log into its organizational account to review and approve the appearance and registrations. Bulk uploads allow up to 2,500 beneficiaries per file.

Each registration collects the beneficiary's legal name, sex, date of birth, country of birth and citizenship, US master's cap eligibility, Standard Occupational Classification (SOC) code, area of intended employment, and valid passport details matching the document to be used for US entry. Each worker can only be registered under one passport.

Starting in FY 2027 (effective February 27, 2026), USCIS applies a wage-weighted selection on top of its beneficiary-centric system. On the registration, the employer selects the highest Occupational Employment and Wage Statistics (OEWS) wage level that the proffered wage equals or exceeds for the SOC code and geographic location:

• OEWS Wage Level IV: Entered into the selection pool 4 times.
• OEWS Wage Level III: Entered into the selection pool 3 times.
• OEWS Wage Level II: Entered into the selection pool 2 times.
• OEWS Wage Level I: Entered into the selection pool 1 time.

USCIS H-1B Cap Registration and Selection History (FYs 2021-26, from uscis.gov)

Step 2: Labor Condition Application (LCA) with the Department of Labor

For all H-1B specialty occupation and fashion model petitions (excluding H-1B2 DOD roles), the employer or agent must obtain a certified Form ETA-9035 or 9035E Labor Condition Application from the Department of Labor before filing Form I-129 with USCIS. Employers must plan ahead for DOL processing times so the certified LCA is ready within the 90-day petition filing window.

On the LCA, the employer must legally attest to four mandatory labor conditions, where violations can result in civil fines or bars on sponsoring foreign workers:

• Wages: Pay the worker at least the actual wage paid to similarly qualified staff or, if higher, the prevailing wage for the occupation in the geographic area of employment.
• Working conditions: Provide working conditions that will not adversely affect other similarly employed workers.
• No strike or lockout: Confirm there is no strike, lockout, or work stoppage in the occupation at the worksite at the time of filing.
• Notice: Confirm that notice of the LCA has been provided to the union bargaining representative or posted at the worksite.

Step 3: Filing Form I-129 and assembling the petition package

Once a registration is selected (with online filing opening on April 1) or as soon as the LCA is certified for a cap-exempt role, the employer files Form I-129, Petition for a Nonimmigrant Worker (edition date 09/09/26). Cap-subject petitions must be filed within the 90-day window on the selection notice. Petitions cannot be filed more than 6 months before the requested employment start date. For cap-subject petitions, the requested start date must be October 1 or later of the applicable fiscal year (and within 6 months of the petition receipt date). USCIS rejects any petition listing ASAP or As Soon As Possible as the start date.

Employers can submit Form I-129 and Form I-907 for premium processing online through an organizational account or by mail to the direct filing address on the selection notice. If an H-1B cap petition is rejected for filing at an incorrect location, the petitioner may refile during the 90-day selection notice window. Online filings record receipt times in Coordinated Universal Time (UTC), and paper filings cannot later be linked to an online account.

USCIS asks petitioners not to send duplicate copies of Form I-129 or evidence, because digital scanning and data-sharing with the Department of State make extra copies unnecessary. When assembling the package, USCIS specifies this preferred document order:

• Form G-28 (if represented by an attorney or accredited representative. A new Form G-28 is required for Form I-129 even if one was filed at registration).
• Copy of the H-1B Registration Selection Notice for the named beneficiary.
• Form I-129 with an original handwritten signature (preferably in black ink for paper filings. No typed names, stamps, autopens, or pasted images).
• Addendums, attachments, and the H Classification Supplement (including the Beneficiary Confirmation Number and previous H or L stays).
• H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement.
• Table of contents and tabbed initial evidence: proof of the basis of the OEWS wage level selected at registration, evidence of a bona fide specialty occupation position available on the requested start date, and academic credentials (a final transcript or registrar letter is accepted if all degree requirements are finished but the diploma is not yet awarded. For master's cap selections, the degree must be earned before Form I-129 is filed).
• Copy of the beneficiary's valid passport or travel document used at registration (if it expired between registration and filing, enter the new passport on Form I-129 and include copies of both with an explanation).
• Form I-94 Arrival-Departure Record if you are inside the United States, along with Form I-20 (for F-1/F-2), Form DS-2019 (for J-1/J-2), or Form I-566 (for A or G nonimmigrants).
• Signed, DOL-certified Form ETA-9035 LCA, along with receipt numbers and names of any workers previously approved under the same LCA.
• Employer support letter and an optional colored coversheet explaining any mismatch (such as an employer address change or an alignment between a 6-digit SOC code on Form I-129 and an 8-digit O*NET code on the LCA).

H-1B government fees, payment limits, and rules

USCIS rejects any H-1B petition submitted with an incorrect fee. Every Form I-129 requires the base filing fee, plus the Asylum Program Fee, and depending on employer size and filing category, the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee, the Fraud Prevention and Detection Fee, and the statutory 9-11 Biometric Fee (Public Law 114-113).

Fees and payment limits from uscis.gov (Form G-1055 and H-1B guidance), as of November 2026

Step 4: After approval (Change of status, cap-gap, and consular entry)

When USCIS approves Form I-129, it issues Form I-797, Notice of Action. Next steps depend on whether you are inside the United States or abroad. H-1B workers are admitted for an initial period of up to 3 years, extendable up to a total of 6 years.

Path A: Change of status inside the United States. If you were lawfully admitted to the US, maintained valid nonimmigrant status, and your employer requested a change of status on Form I-129, you move into H-1B status on the petition validity start date without leaving the country. Certain categories cannot change status inside the US, including Visa Waiver Program travelers, crew members (D), transit travelers (C), fiances (K), and informants (S). M-1 students cannot change if their vocational training provided the qualifications for the H role. J-1 exchange visitors cannot change if subject to the foreign residence requirement or graduate medical training without an approved waiver. Do not depart the US while your change of status is pending: USCIS considers a pending change of status abandoned if you travel abroad before adjudication, which converts an approved petition to consular processing.

Path B: F-1 OPT students and cap-gap protection. If you hold F-1 status and your employer timely files a cap-subject H-1B petition requesting a change of status (starting April 1, while your duration of status, post-completion OPT, or 60-day grace period is active), you receive an automatic cap-gap extension. Under USCIS regulations, your F-1 status (and OPT work authorization, provided your OPT was unexpired when filed) automatically extends until April 1 of the fiscal year for which H-1B status is requested or until the start date of the approved petition, whichever is earlier. If filed during your 60-day grace period, only your lawful stay extends, not employment authorization. Take your petition copy and mailing receipt (and later Form I-797) to your school international student advisor (DSO) for an updated Form I-20. OPT carries unemployment limits of up to 90 days during initial post-completion OPT, plus an additional 60 days (150 days total) if you hold a 24-month STEM OPT extension.

Path C: Consular processing and CBP admission. If you are abroad (or your petition was approved for consular notification), USCIS sends the approval details to the Department of State. You apply for an H-1B visa stamp at a US embassy or consulate. An approved Form I-797 and visa stamp allow you to travel to a US port of entry and seek admission from CBP. Always carry your original Form I-797 approval notice with your passport and visa. Upon admission, CBP generates an electronic Form I-94 Arrival-Departure Record. Your Form I-94 expiration date controls your authorized stay in the US. Retrieve your electronic Form I-94 immediately on the CBP I-94 website or the CBP Link mobile app. If your Form I-94 expires earlier than your Form I-797 approval notice, your employer must file an extension of stay, you must apply for another benefit, or you must depart before the I-94 date passes.

Practice example

What are your specific job duties for your sponsoring employer, and how does your degree qualify you for this role?

A strong, honest answer states your exact job title, your sponsoring company name, and two or three concrete daily responsibilities in plain language that match Part 5 of your employer's Form I-129 and your certified Labor Condition Application (Form ETA-9035). Next, connect those duties directly to the major and coursework of your bachelor's or master's degree so the logical connection between your academic specialty and the work is obvious. Before your interview, review your Form I-797 approval notice, the employer support letter, and the LCA so you know your exact proffered salary, the Standard Occupational Classification (SOC) code, and the city and state of your worksite. Have your original university diploma, transcripts (or credential evaluation if you hold a foreign degree), any required state license, and your Form I-797 ready to hand over if the officer asks to verify your qualifications.

The consular officer is verifying that your position meets the statutory definition of an H-1B specialty occupation, that there is a logical connection between your degree and your duties, and that your spoken answers match the approved Form I-129 petition and LCA.

This is interview practice, not legal advice. For questions about your own case, talk to an immigration attorney. Visaful is not affiliated with the U.S. government or the Department of State.