H1B Visa Process: Step-by-Step Guide
A complete walkthrough of the H1B visa process from lottery registration to approval, including timelines and key milestones.
1Step 1: Employer Registration (March)
Cap-subject employers generally use USCIS's electronic registration process before filing a full petition. Registration dates, fees, and account requirements can change by fiscal year, so employers should use the current USCIS cap-season instructions rather than an old calendar or fee quoted by a third-party guide.
2Step 2: Lottery Selection (March–April)
When registrations exceed the available cap numbers, USCIS uses a selection process that includes the regular cap and the advanced-degree exemption. A selection notice states the filing window and service-center instructions. Selection permits the named employer to file; it does not approve the petition.
3Step 3: Labor Condition Application (LCA) Filing
Before filing the H1B petition, the employer generally submits an LCA through the Department of Labor's FLAG system. The employer makes wage and working-condition attestations. Processing expectations can change, and a certified LCA is only one prerequisite—it is not USCIS petition approval.
4Step 4: H1B Petition to USCIS (April–June)
With a certified LCA, the employer files Form I-129 and supporting evidence with USCIS and pays the fees that apply to that petitioner and filing. Fee schedules and premium-processing service periods change, so verify both on USCIS immediately before filing.
5Step 5: USCIS Decision (June–October)
USCIS reviews the petition for specialty occupation eligibility, qualifications, and wage compliance. They may issue a Request for Evidence (RFE) asking for additional documentation. If approved, the employer receives Form I-797 Approval Notice. If the worker is outside the US, they must then apply for an H1B visa stamp at a US consulate.
6Step 6: Entry and Work Authorization (October 1)
For cap-subject H1B, the earliest the worker can begin employment is October 1. If already in the US in another status, they can change status to H1B. The initial H1B period is 3 years, extendable to 6 years, with additional extensions possible for workers in the green card process.
Frequently Asked Questions
How long does the H1B process take?
Timing depends on the cap season, filing window, service center, requests for evidence, and whether premium processing is available and requested. Use the current selection notice and USCIS processing-time tools for planning.
What is the H1B cap?
The annual H1B cap is 85,000 visas: 65,000 for the regular cap and 20,000 for the US master's cap. In recent years, the number of registrations has far exceeded this, making lottery selection competitive.
Put the guide into practice
Turn the next decision into a shortlist
Use the tools with the facts in this guide. Historical evidence helps prioritize research; it does not determine legal eligibility or a role's sponsorship policy.