Must-Know Facts About the H-1B Visa Application Process
Breaking Update: Former President Trump has announced a new $100,000 fee for all new H-1B petitions. Certain exclusions apply, but this development may significantly impact employers and applicants. At Green Card Link, its immigration attorneys explain the details of this update and outline strategies to help you navigate this change effectively.
The H-1B visa process involves multiple stages and requires interaction with different U.S. government agencies. Typically, the employer shoulders all filing costs associated with an H-1B petition. Petitioners must also set up an online account and pay a non-refundable fee for each beneficiary.
Because the H-1B application process is complex and time-sensitive, it’s essential to prepare documentation in advance and carefully follow all filing steps. The H-1B visa is a nonimmigrant visa that allows highly skilled foreign workers in specialty occupations to enter the United States and fill critical roles.
H-1B Visa Overview
The H-1B visa application process requires coordination with U.S. state, labor, and immigration agencies. These government departments ensure that both the foreign worker and the sponsoring employer meet all eligibility requirements.
Agencies also confirm that the job offered will not adversely impact qualified U.S. workers and that the sponsoring employer has the financial ability to pay the required wages. Additionally, applicants must show they are admissible to the U.S. and free of disqualifying criminal records.
Ultimately, the process requires employers and foreign nationals to provide supporting evidence proving eligibility for sponsorship and H-1B classification.
H-1B Application Process: Step-by-Step
Step 1: Identifying a Sponsor
Before filing an H-1B petition, you must first secure a sponsoring employer. If you are in the U.S. on an F-1 student visa, check whether your current employer is willing and able to sponsor you. Those on other visa statuses, such as L-1, should consult with an immigration attorney at Green Card Link to evaluate eligibility and options.
Your H-1B petition can be sponsored by your existing employer or a new one, provided they agree to file on your behalf.
Step 2: Employer Files a Labor Condition Application (LCA)
The sponsoring employer must submit a Labor Condition Application (LCA) with the U.S. Department of Labor (DOL). The LCA certifies that the employment conditions meet federal standards and that hiring a foreign worker will not negatively affect similarly employed U.S. workers.
Step 3: Employer Obtains a Prevailing Wage
To protect the U.S. labor market, the Department of Labor requires that H-1B workers be paid at or above the prevailing wage for their role and location. The prevailing wage can be determined by:
- A wage determination from the National Prevailing Wage Center (NPWC)
- An independent authoritative wage survey
- Another valid, recognized wage data source
Employers are strongly encouraged to rely on the NPWC determination, as it provides “safe harbor status.”
Step 4: Employer Submits Form ETA-9035
Once the prevailing wage is established, the employer must file the LCA electronically via the Foreign Labor Application Gateway (FLAG) system. LCAs cannot be filed more than six months before the intended start date of employment.
Step 5: Employer Files Form I-129
After the LCA is certified, the employer files Form I-129, the Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS). This petition must include:
- Detailed employment offer letter (duties, dates, compensation, and requirements)
- The foreign worker’s qualifications (degrees, certificates, resume, memberships)
- Additional supporting documents
Once submitted, the petition’s status can be tracked through USCIS with the case receipt number.
Step 6: Completing the Application
Upon approval, USCIS issues Form I-797 (Notice of Action). If you are inside the U.S., your immigration status will be updated to H-1B, and your I-94 record will reflect the change. You cannot begin working until this update is complete.
If you are abroad, you must apply for visa stamping at a U.S. embassy or consulate in your home country. This involves completing Form DS-160, scheduling an interview, and attending an in-person consular appointment. After approval, you will receive your visa to travel. However, final admission into the U.S. as an H-1B visa holder is determined by U.S. Customs and Border Protection (CBP) at the port of entry.
Important Note: The $100,000 H-1B Petition Fee
The newly announced $100,000 filing fee for new H-1B petitions could dramatically alter the landscape for employers and foreign workers. While some exclusions apply, this policy may affect application strategies and employer willingness to sponsor workers.
At Green Card Link, its immigration attorneys are closely monitoring this change and can provide tailored guidance to help you navigate your H-1B application under these new conditions.
Why Work With Green Card Link?
The H-1B application process is one of the most competitive and complex U.S. immigration pathways. Missteps in documentation or strategy can lead to delays, denials, or wasted fees. Working with an immigration attorney at Green Card Link ensures your petition is properly filed, fully compliant, and backed by experienced legal guidance.
H-1B Visa Application Process & Filing Fees
The H-1B visa remains one of the most sought-after U.S. work visas for foreign professionals. Understanding the filing fees and application process is crucial for both employers and employees to plan ahead and avoid surprises. Below is a detailed breakdown of the standard H-1B visa costs and processing steps.
H-1B Filing Fees Breakdown
Most H-1B visa application fees are paid by the sponsoring employer. However, certain costs may be covered by the employee in specific cases, such as optional premium processing. Here’s an overview of the typical filing fees:
Fee | Amount | Responsible Party |
Registration Fee | $215 | Employer |
Premium Processing (optional) | $2,805 | Employer or Employee |
Public Law 114-113 Fee | $4,000 (if company has 50+ employees) | Employer |
Basic Filing Fee | $780 | Employer |
Reduced Filing Fee | $460 (for small employers and nonprofits) | Employer |
USCIS Anti-Fraud Fee | $500 | Employer |
ACWIA Education & Training Fee | $750 (companies with fewer than 25 employees) | Employer |
$1,500 (companies with 25+ employees) | Employer | |
Attorney Fee | Varies | Employer |
Note: These amounts are subject to change depending on USCIS updates, company size, and case specifics. For the most accurate, up-to-date breakdown of H-1B filing fees, consult immigration attorneys at Green Card Link.
H-1B Processing Times
Processing times for H-1B petitions vary depending on USCIS service centers and individual case factors. On average, it may take 5 to 7 months for USCIS to process a standard H-1B petition.
For those who need faster results, premium processing is available for an additional $2,805 fee. By filing Form I-907, Request for Premium Processing Service, USCIS guarantees a decision within 15 calendar days. However, premium processing only expedites the review—it does not guarantee approval.
Electronic Registration for H-1B Cap Petitions
To streamline the H-1B lottery process, USCIS requires employers to use an electronic registration system for all cap-subject petitions, including those eligible under the master’s degree exemption.
- Employers must create an online USCIS account.
- Each registration requires a non-refundable $215 fee per beneficiary.
- Only selected registrations are eligible to proceed with a full H-1B petition.
This system was introduced to reduce paperwork and simplify the overall lottery process but does not replace the standard petition process.
H-1B Visa Quotas
Each year, the H-1B program is limited by strict numerical caps:
- Regular H-1B Cap: 65,000 visas
- Master’s Degree Cap (Advanced-Degree Exemption): 20,000 visas
- Chile & Singapore Free Trade Agreement: 6,800 visas reserved from the regular cap
- Cap-Exempt H-1B: Universities, nonprofit research organizations, and certain employers are exempt from annual limits
Master’s Cap Eligibility
To qualify for the master’s cap, applicants must:
- Hold a U.S. master’s degree (or higher) from an accredited, nonprofit, or public institution.
- Ensure the institution is recognized by a national accrediting agency (not all schools qualify).
Meeting these requirements provides applicants a second chance in the H-1B lottery after the regular cap selection.
How Immigration Attorneys at Green Card Link Can Help
The H-1B visa process is complex, highly competitive, and time-sensitive. Errors in filing can lead to costly delays or denials. That’s why working with experienced immigration attorneys at Green Card Link is critical.
At Green Card Link, its immigration attorneys assist employers and foreign professionals with:
- Preparing and submitting H-1B registrations and petitions
- Ensuring compliance with USCIS requirements
- Exploring cap-exempt and alternative visa options
- Guiding employers through compliance with wage and labor rules
By choosing Green Card Link, you benefit from the expertise of seasoned immigration professionals dedicated to helping you secure the best possible outcome.
👉 Schedule a consultation today with immigration attorneys at Green Card Link to discuss your H-1B visa case.