H-1B Visa Application: Step-by-Step Guide and Requirements

You’ve done everything right—earned your degree, gained experience, and secured a U.S. employer willing to sponsor you. However, when it comes to the H-1B visa complete process, talent alone isn’t enough. There’s a lottery standing between you and your dream job and the odds? They don’t always play fair.

Some applicants get selected on their first attempt, while others keep trying, year after year. It’s stressful, unpredictable, and full of red tape. But here’s the thing—understanding the process helps you to improve your chances.

This guide breaks it all down, from registration to approval, so you know exactly what to expect. If the H-1B visa is your goal, let’s make sure you’re ready for the journey ahead.

 

 

A Brief Overview About H-1B Visa

The H-1B visa complete process allows highly skilled foreign professionals to work in specialized fields in the U.S. This visa is employer-sponsored, meaning you must secure a job offer before applying. But not efvery job qualifies—strict eligibility rules apply.

The job must be a specialty occupation, meaning it requires at least a bachelor’s degree or equivalent in a specific field of study. Additionally, the employer must prove that the position is complex enough to require a degreed professional and that the H-1B worker’s qualifications match the job’s requirements. 

• Annual Cap and Validity

Every year, USCIS grants 65,000 H-1B visas, plus 20,000 for U.S. advanced degree holders. The visa is initially valid for three years and can be extended up to six years. If you own more than 50% of the sponsoring company, your initial approval is limited to 18 months.

H-1B Extensions Beyond Six Years

You may qualify for an H-1B extension beyond six years if:

• You have an approved immigrant petition (EB-1, EB-2, or EB-3) but can’t apply for a green card due to visa backlogs. In this case, USCIS grants three-year extensions.
• A labor certification or immigrant petition was filed for you at least 365 days ago. Here, you may qualify for one-year extensions.

However, you may lose eligibility for an extension if you don’t file for a green card within one year of a visa becoming available. If the visa becomes unavailable during this period, the clock resets when it’s available again.

Exceptions for Late Filings

In some cases, USCIS may excuse a delay if circumstances are beyond your control. Factors that could be considered include:

• A change of employment, whether voluntary or involuntary.
• The reason your job with the original employer ended.
• What steps you and your new employer take to file your adjustment of status or immigrant visa application.

If approved, USCIS grants one-year extensions until a final decision is made on your green card application.

The H-1B visa completion process involves strict timelines and complex extensions. Missing a step could impact your status. The Law Offices of Sweta Khandelwal can guide you through the process and help secure your future in the U.S.

Eligibility Criteria for H-1B Visa

Not everyone can apply for an H-1B visa. Specific eligibility requirements set by the U.S. government must be met by both the employer and the employee.

Employer’s Requirements

For an employer to sponsor an H-1B worker, they must:

• File a Labor Condition Application (LCA) with the U.S. Department of Labor (DOL) using Form ETA-9035/9035E. 
• Submit Form I-129 (Petition for a Nonimmigrant Worker) to USCIS after obtaining LCA approval.
• Prove an employer-employee relationship, meaning the employer has direct control over the worker’s job duties and work schedule.

Employee’s Requirements

H-1B applicants must meet the following criteria:

• A valid job offer from a U.S. employer in a specialty occupation.
• A bachelor’s degree or higher (or equivalent work experience) related to the job.
• Any required state licenses or certifications to legally perform the job in the U.S.
• A specialty occupation role, meaning the job must require theoretical and practical application of specialized knowledge.

For fields like law, medicine, or engineering, applicants may also need a state license or professional certification to work in the U.S. legally.

Also Read: Understanding Basic H-1B Visa Salary Requirements

H-1B Visa Electronic Registration Process

The H-1B electronic registration system streamlines the process for employers to submit visa petitions. Instead of paper-based applications, employers must register online through the USCIS portal before submitting a full petition.

Key Steps in the Registration Process:

1. Employers create an online USCIS account to enter candidate details.
2. Submit basic applicant and job information (company details, job role, and applicant details).
3. Enter the visa lottery—since the number of applicants exceeds available H-1B slots, USCIS holds a random selection process.
4. Wait for selection results—employers can only file Form I-129 for workers selected in the lottery.

For Fiscal Year 2025, the registration period runs from March 6, 2025, to March 25, 2025. The dates change every year. Employers must ensure that all information is correct, as duplicate entries will lead to disqualification.

Role of Electronic Registration in the H-1B Process

• Preliminary Screening & Lottery System

1. 1. • Since the number of H-1B applicants far exceeds the visa cap, USCIS conducts a lottery to randomly select eligible applicants.
      • Employers must register their candidates online during the designated period to enter the lottery.

• Reduce Paperwork & Costs for Employers

1. 1. • Before 2020, employers had to submit complete H-1B petitions upfront, leading to unnecessary expenses for unselected applicants.
      • Now, they only file full petitions (Form I-129) for selected candidates, reducing administrative burden and costs.

• Ensure Transparency & Efficiency

1. • The registration system prevents duplicate entries and improves fraud detection.
   • USCIS can track employer submissions and maintain a fair selection process.

Contact the Law Offices of Sweta Khandelwal; we have over 15 years of experience helping professionals and businesses successfully secure H-1B visas. Our team ensures your registration, petition, and supporting documents meet all USCIS requirements.

Step-by-Step Application Process for the H-1B Visa

The H-1B visa complete process follows a multi-step approach, requiring employer sponsorship and strict compliance with U.S. immigration laws. Below is a breakdown of each stage, including electronic registration, petition filing, and final visa processing.

Step 1: Labor Condition Application (LCA) Submission

Before an employer can file an H-1B petition, they must first submit a Labor Condition Application (LCA) to the Department of Labor (DOL) for certification. The LCA ensures that:

• The H-1B worker’s wage is equal to or higher than the prevailing wage for that role in the location.
• The hiring does not negatively impact the working conditions of U.S. workers.
• There is no ongoing strike or lockout at the job location.
• Notice of the LCA filing has been given to union representatives or posted at the workplace.

Once the DOL certifies the LCA, the employer can proceed with filing the H-1B petition.

Step 2: Electronic Registration with USCIS

USCIS mandates an electronic pre-registration for all cap-subject H-1B petitions. A non-refundable $10 fee per applicant is necessary for this registration. If a registration is not selected, the applicant cannot file an H-1B petition for that fiscal year.

Step 3: Filing Form I-129 (Petition for a Nonimmigrant Worker)

Once selected in the H-1B lottery, the employer or agent must submit Form I-129 (Petition for a Nonimmigrant Worker) to USCIS.

• Submission Deadline: Must be filed within 90 days of selection.
• Supporting Documents:
  • Certified LCA from the DOL.
  • Proof of beneficiary’s education and qualifications (degree certificates, transcripts, etc.).
  • Employer support letter confirming the job role and compliance with H-1B regulations.

USCIS reviews the petition and may issue a Request for Evidence (RFE) if additional documentation is needed.

Step 4: Visa Application or Change of Status

Once your H-1B petition is approved, the next step is obtaining your visa stamp and entering the U.S. Here’s how the process works:

If you’re outside the U.S., you must schedule an appointment at a U.S. embassy or consulate for visa stamping. Appointment wait times can vary, so check the consulate’s website for availability and plan accordingly.

Before your visa interview, you must fill out Form DS-160 (Online Nonimmigrant Visa Application) and pay the required fee. Once completed, you’ll receive a DS-160 confirmation page, which you must bring to your interview.

Step 5: Attend Your Visa Interview

During your interview, a consular officer will review your application and supporting documents. These typically include:

• Your valid passport
• H-1B approval notice (Form I-797)
• Form DS-160 confirmation page
• Copy of your H-1B petition (Form I-129) and LCA
• Employment verification letter
• Educational certificates and transcripts

The officer may ask about your job role, employer, and work location before making a decision. If approved, your visa stamp will be placed in your passport, allowing you to travel to the U.S.

Step 6: Entry to the U.S. and Start of Employment

• Upon visa approval, the H-1B worker can enter the U.S. no earlier than 10 days before the employment start date.
• At the port of entry, U.S. Customs and Border Protection (CBP) officers will review the visa and issue an I-94 Arrival/Departure Record.
• The H-1B employee can begin working as per the approved start date.

Common Mistakes to Avoid in the H-1B Process

• Incorrect Account Type: Employers must register under the correct category in the USCIS portal.
• Duplicate Entries: Submitting multiple registrations for the same employee can result in disqualification.
• Inconsistent Information: Details in the LCA, Form I-129, and supporting documents must match to avoid delays or denials.

Also Read: Process of Changing Status from H-1B to H-4 Visa

USCIS Processing Time for H-1B Visa and Decision Outcomes

Once the H-1B petition is submitted, USCIS processes the application and determines the outcome based on the provided documents and eligibility. Petitioners can track the progress using USCIS’s Case Processing Times Tool, which provides estimated processing durations for Form I-129 based on visa classification and service center.

Processing Options

• Regular Processing: Takes several months, depending on the service center’s workload.
• Premium Processing: Available for an additional fee of $2,815, guaranteeing a 15-day processing time. If USCIS fails to meet the deadline, the fee is refunded.

Processing Time Factors & Delays

USCIS allows petitioners to check the latest processing times for Form I-129 based on the visa classification and service center.

For example:

• California Service Center: 4.5 months
• Texas Service Center: 3.5 months
• Vermont Service Center: 5.5 months

Since each service center manages different workloads, some locations may process applications faster or slower than others.

Factors that impact processing times include:

• Requests for Evidence (RFEs) – USCIS may ask for proof that the job qualifies as a specialty occupation or requires a bachelor’s degree.
• Employer-Employee Relationship Issues – If working at a third-party site, the employer must prove control over the worker.
• Beneficiary Qualifications – If the employee holds a foreign degree, USCIS may request degree equivalency proof.
• Incomplete Documentation – Missing forms or incorrect information can result in delays or outright denials.
• Policy or Regulatory Changes – Any updates in immigration laws or USCIS guidelines may impact processing timelines.

Decision Outcomes

USCIS can take one of the following actions:

• Approval – If all requirements are met, USCIS issues Form I-797, Notice of Action, confirming the petition’s approval.

• Request for Evidence (RFE) – If USCIS needs more information, they issue an RFE, requiring the employer to provide additional documentation. Responding promptly can help avoid delays.

• Denial or Rejection – If the petition does not meet the criteria, USCIS may deny or reject it, citing specific reasons.

To avoid unnecessary delays, ensure that the petition is complete, accurate, and well-documented. Employers should regularly check their case status online to stay updated on processing progress.

Missing even one detail can result in RFEs or denials. If you need expert guidance on filing an H-1B petition, Contact Sweta Khandelwal for personalized assistance in ensuring your application meets all USCIS requirements.

Costs Involved in the H-1B Visa Application

The H-1B visa application process comes with multiple fees, which can vary based on the company size, number of employees, and petition type. Employers must cover most of these costs, but some fees, such as premium processing or legal assistance, may be paid by the beneficiary.

H-1B Visa Fee Breakdown

Here’s a breakdown of the mandatory and optional fees involved in the H-1B visa process:

• Electronic Registration Fee: $10 (Paid during the H-1B lottery registration)
• Basic Filing Fee (Form I-129): $460 (Paid by the employer)
• USCIS Anti-Fraud Fee: $500 (Mandatory for new H-1B petitions and change of employer petitions)
• ACWIA Education and Training Fee:
  • $750 (For employers with 1 to 25 employees)
  • $1,500 (For employers with 26 or more employees)
• Asylum Program Fee:
  • $300 (For employers with 1 to 25 employees)
  • $600 (For employers with 26 or more employees)

• Public Law 114-113 Fee: $4,000 (Applies to companies with 50+ employees, where more than 50% are H-1B or L-1 visa holders)
• Premium Processing Fee (Optional): $2,805 (For 15-day expedited processing)
• Attorney Fees (Optional): Varies based on legal services.

Who Pays for These Fees?

• Employers are responsible for most fees, including the LCA, anti-fraud, ACWIA, and petition filing fees.
• Employees (H-1B beneficiaries) may cover premium processing fees (if they choose faster processing) and attorney fees (if hiring independent legal counsel).

Also Read: Guidance on Filing H-1B Amendment Petitions and Processing Times

 

 

Conclusion

Successfully securing an H-1B visa requires careful adherence to deadlines, accurate documentation, and compliance with USCIS regulations. With changing policies and evolving fee structures, early preparation and strategic planning are essential.

Many applications face delays or denials due to incomplete filings or missing documents. Leveraging USCIS e-filing systems and staying updated on the latest requirements can streamline the process.

Seeking legal assistance from Sweta Khandelwal can help you avoid common mistakes, meet compliance requirements, and improve your chances of approval. Navigating the complexities can be challenging, but The Law Offices of Sweta Khandelwal can help you avoid costly mistakes. Contact the Law Offices of Sweta Khandelwal today for expert legal assistance.

Disclaimer

Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.