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)
Starting in 2020, USCIS switched to an electronic registration system. Employers register potential H1B workers between early March and late March. The registration costs $215 per beneficiary. USCIS then runs a computerized lottery among all registrations to select applicants.
2Step 2: Lottery Selection (March–April)
USCIS conducts two lotteries: first for the regular cap (65,000 visas) and then for the US master's cap (20,000 additional visas, only for those with a US master's degree or higher). If selected, the employer has 90 days to file the full H1B petition. Non-selected registrations are not automatically refunded the fee.
3Step 3: Labor Condition Application (LCA) Filing
Before filing the H1B petition, the employer must file an LCA with the Department of Labor. The LCA certifies the employer will pay at least the prevailing wage, provide working conditions that won't adversely affect US workers, and has no ongoing strike. The DOL typically approves LCAs within 7 business days via the FLAG system.
4Step 4: H1B Petition to USCIS (April–June)
With an approved LCA, the employer files Form I-129 (H1B petition) with USCIS, along with supporting documents, the LCA, and filing fees ($460–$730 base, plus optional premium processing fee of $2,805 for 15-business-day adjudication). The H1B period can begin October 1 of the fiscal year.
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?
From lottery selection in March to work authorization on October 1 is roughly 6-7 months. With premium processing, USCIS can decide within 15 business days. Without premium processing, regular processing takes 3-6 months.
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.