The H-1B visa allows U.S. employers to temporarily employ foreign workers in specialty occupations that require at least a bachelor's degree or equivalent in a field relevant to the offered role (e.g., Bachelor’s in Computer Science for a Software Engineer role). It is the most widely used employment visa for skilled professionals in fields like technology, engineering, finance, healthcare, and education. Unlike other employment visas, the H-1B requires the employer to sponsor the worker by filing a petition with USCIS, making the company the petitioner and the employee the beneficiary. This guide covers the full sponsorship process for 2026, including the new wage-weighted lottery, updated fee structures, compliance requirements, and the pathway from H-1B to a green card.
The H-1B sponsorship process involves coordination between the employer, the employee, the Department of Labor, and USCIS. The full timeline from initial assessment to the employee's first day of H-1B employment typically spans 6 to 12 months for cap-subject petitions, though cap-exempt filings and transfers can move faster.
Before filing, both the employer and the prospective employee must confirm they meet H-1B eligibility requirements. The position must qualify as a "specialty occupation" under USCIS standards, and the worker must hold the credentials to fill it.
The H-1B Modernization Final Rule (89 FR 103066, effective January 17, 2025) clarified that a bachelor's degree being "normally" required does not mean "always" required, but the degree field must be "directly related" to the job duties with a clear logical connection. This definition applies to all petitions filed in 2026.
Strong position profiles include roles such as a software engineer requiring a Bachelor’s in Computer Science; a data scientist requiring a Master’s in Statistics or Applied Mathematics; a financial analyst requiring a Bachelor’s in Finance or Accounting; a civil engineer requiring a Bachelor’s in Civil Engineering; or a physician requiring an M.D. with U.S. medical licensure.
Higher-risk position profiles include roles such as a project manager with "any business degree" accepted; a marketing coordinator requiring only a general communications background; IT support roles with broad degree acceptance; positions where the specific degree-to-duty connection is unclear; or roles at staffing firms without detailed end-client statements of work.
What employees typically prepare:
Once eligibility is confirmed, the employer completes two sequential filings: the Labor Condition Application (LCA) with the Department of Labor, followed by the I-129 petition with USCIS.
Labor Condition Application (Form ETA-9035):
The LCA is filed electronically through the DOL FLAG system and requires the employer to attest to four conditions: paying the required wage, maintaining working conditions that will not adversely affect similarly employed U.S. workers, confirming no strike or lockout at the worksite, and providing proper notice to employees. DOL typically certifies LCAs within 7 working days. The certified LCA is valid for up to 3 years and must be obtained before filing Form I-129 with USCIS.
Form I-129 Petition:
The employer files Form I-129 (Petition for a Nonimmigrant Worker) with USCIS, including the certified LCA, supporting evidence of the specialty occupation, the employee's qualifications, and all applicable fees. For cap-subject petitions, the I-129 can only be filed after the beneficiary is selected in the lottery. For cap-exempt petitions and transfers, the I-129 can be filed at any time.
Alma's H-1B platform handles every stage of the sponsorship process. Your dedicated attorney prepares the LCA, drafts the I-129 petition and support letter, organizes all evidence, and files the complete package with USCIS. Alma's flat-fee pricing covers lottery registration ($500), new cap/cap-exempt petitions ($3,500), extensions ($3,000), transfers ($3,000), and amendments ($3,000), with RFE responses included at no extra charge. The platform provides real-time case tracking, deadline alerts, and direct attorney communication so both employer and employee stay informed throughout the process.
After filing, the I-129 petition enters USCIS review. Processing speed depends on whether the employer elects premium processing.
Premium Processing:
Standard Processing:
Common reasons for delays at this stage:
Note: For cap-subject petitions, even premium processing does not change the October 1 employment start date. Premium processing only accelerates the adjudication decision.
The FY2027 H-1B cap registration period runs from March 4 to March 19, 2026, with USCIS notifying selected registrants by March 31, 2026. Selected petitioners must file the I-129 between April 1 and June 30, 2026, for an employment start date of October 1, 2026 or later.
The most consequential change for FY2027 is the wage-weighted selection process, finalized December 29, 2025 (90 FR 60864, effective February 27, 2026). Under this system, registrations receive weighted entries based on the OEWS prevailing wage level the offered salary meets or exceeds:
This means a Level IV registration is roughly four times more likely to be selected than a Level I registration. Employers must provide the SOC code, area of intended employment, and the highest OEWS wage level the offered salary meets or exceeds during registration. If the beneficiary will work at multiple locations, the registration must reflect the lowest applicable wage level across all worksites.
The beneficiary-centric selection continues for its third year (in effect since FY 2025 per 89 FR 7456). Each unique beneficiary is counted once regardless of how many employers register them. The registration fee is $215 per beneficiary. The annual cap remains 65,000 regular visas plus 20,000 for holders of U.S. master's degrees or higher, totaling 85,000 cap-subject slots.
What this means for employers: Companies offering higher salaries relative to the prevailing wage now have a significant strategic advantage in the lottery. Employers sponsoring entry-level positions at Level I wages face substantially lower selection odds. The wage level is determined by SOC code and geographic area, not by the absolute dollar amount of the salary.
Certain employers are fully exempt from the H-1B cap and can file H-1B petitions at any time without lottery participation. Cap-exempt organizations include:
For-profit employers can also qualify for cap exemption if the beneficiary will work primarily at a qualifying cap-exempt institution and the duties directly further that institution's mission. A for-profit company sending a contractor to work on-site at a university research lab, for example, may qualify.
Cap-exempt filing offers major benefits: no registration, no lottery, no numerical limit, and the ability to file year-round with any start date. Most cap-exempt organizations are also exempt from the ACWIA training fee, reducing total costs significantly.
Workers previously counted against the cap who change to a cap-exempt employer do not need to go through the H-1B Cap lottery again. However, workers moving from a cap-exempt employer to a cap-subject employer are required to go through the lottery because they were never counted against the cap.
H-1B filing costs vary significantly based on employer size, whether the beneficiary is abroad, and processing preferences. All fees below are paid by the employer (employees cannot be required to pay USCIS filing fees under DOL regulations).
Government filing fees for a new cap-subject H-1B petition:
Total cost examples:
A large employer (26+ employees) sponsoring a worker already in the U.S. pays approximately $3,595 without premium processing. With premium processing, the total reaches roughly $6,560.
A large employer sponsoring a worker abroad requiring consular processing pays approximately $103,595 without premium processing, or $106,560 with premium.
A university or nonprofit sponsoring a cap-exempt worker in the U.S. pays as little as $1,240 total (base fee plus fraud fee, no ACWIA, no Asylum Program fee).
Note: The $100,000 Presidential Proclamation fee does not apply to extensions with the same employer, change-of-status petitions for beneficiaries already in the U.S., or petitions for beneficiaries who do not require consular processing. Multiple legal challenges to this fee are pending in federal court (including Chamber of Commerce v. DHS, D.C. Cir. No. 25-5473). Employers may wish to verify the fee's current status before filing.
An initial H-1B is granted for up to 3 years and can be extended for an additional 3 years, for a 6-year maximum. Extension petitions may be filed up to 6 months before expiration. If filed before expiration, the employee receives an automatic 240-day work authorization extension while the petition is pending, allowing uninterrupted employment with the same employer.
Beyond 6 years, the American Competitiveness in the Twenty-First Century Act (AC21) provides two pathways that are critical for employees in the green card process:
These provisions are essential for Indian and Chinese nationals who face multi-year green card backlogs. Time spent physically outside the U.S. during the 6-year period can be "recaptured" and does not count against the limit.
An H-1B transfer is technically a new I-129 petition filed by the new employer. The critical advantage is portability under AC21: the employee may begin working for the new employer as soon as USCIS receives the petition, evidenced by the receipt notice. There is no need to wait for approval.
The new employer must obtain a new certified LCA reflecting the new position, worksite, and wage. If the employee's prior H-1B status is still valid, they have a 60-day grace period after employment termination to maintain lawful status while the new employer files the transfer petition (per 8 CFR §214.1(l)(2); this grace period does not authorize employment). Premium processing is available and commonly used for transfers.
An amended H-1B petition is required when there is a "material change" to the terms of employment. The most common trigger is a worksite relocation outside the metropolitan statistical area listed on the original LCA. Other triggers include significant changes in job duties, substantial salary reductions, or changes in hours.
Per USCIS guidance, the employee may begin working under the new conditions once the amended petition is filed. A new LCA must be certified before filing the amendment if the worksite or occupation has changed.
H-1B sponsorship creates ongoing legal obligations that extend well beyond the initial filing. The Department of Labor's enforcement activity has increased substantially, and compliance is a continuous requirement.
Employers are required to post notice of the LCA at the worksite for 10 consecutive days in two conspicuous locations where the H-1B employee will work, or provide equivalent electronic notice (per 20 CFR §655.734). Posting must occur on or within 30 days before the LCA filing date. For employees placed at third-party worksites, separate notice must be provided at each worksite. Documentation of the posting (including dates and locations) must be retained.
A Public Access File (PAF) must be created and maintained for each H-1B worker, available for public inspection within one working day of filing the LCA. The PAF must include: the certified LCA, prevailing wage documentation, actual wage documentation and explanation of the wage system, a summary of benefits offered, and proof that notice was provided. The PAF must be retained for 1 year after the LCA's last effective date, and payroll records for 3 years.
Employers classified as "H-1B dependent" face additional obligations. Per INA §212(n)(3)(A), an employer is H-1B dependent if it has at least 8 H-1B workers (for 25 or fewer full-time equivalent employees), at least 13 H-1B workers (for 26 to 50 employees), or 15% or more of its full-time equivalent workforce on H-1B visas (for 51+ employees). H-1B dependent employers are required to attest that they did not displace U.S. workers and made good-faith efforts to recruit U.S. workers before filing. Workers who earn $60,000 or more annually or hold a U.S. master's degree or higher are exempt from triggering these additional attestation requirements.
The DOL's "Project Firewall" enforcement initiative, launched September 19, 2025, significantly expanded H-1B compliance investigations. As of the January 2025 inflation adjustment (90 FR 1858), the current maximum penalties for LCA violations are approximately $2,364 per general violation (20 CFR §655.810(b)(1)), $9,624 per willful violation or act of discrimination (§655.810(b)(2)), and $67,367 per willful violation involving displacement of a U.S. worker (§655.810(b)(3)), with potential debarment from immigration programs. These figures are subject to annual inflation adjustments. Regular internal audits of PAFs, LCA postings, wage records, and I-9 documentation can help employers maintain compliance.
Most H-1B employees ultimately seek permanent residency through the employer-sponsored green card process. Because the H-1B has a 6-year maximum (with limited AC21 extensions), initiating the green card process early is often beneficial.
The first step is PERM labor certification, which requires the employer to demonstrate through a structured recruitment process that no qualified U.S. workers are available for the position. According to DOL processing data, PERM analyst review averaged 503 days as of determinations issued in February 2026, with audits adding additional months. The complete PERM process from prevailing wage determination through DOL decision typically takes approximately 22 to 36 months.
PERM requires maintaining the exact job role throughout the process. Job changes, promotions, or significant duty modifications can invalidate the entire application, requiring a restart.
After PERM certification, the employer files Form I-140 within 180 days (per USCIS instructions, all labor certifications expire 180 days from the date of certification). Standard I-140 processing times vary by category; check the USCIS Processing Times tool for current estimates. Premium processing is available for $2,965 with a 15-business-day adjudicative action commitment. An approved I-140 establishes the priority date, enables H-1B extensions beyond 6 years under AC21, and after 180 days from approval cannot be revoked solely due to employer withdrawal (per 8 CFR §205.1(a)(3)(iii)).
The final step is filing Form I-485, which can only occur when the employee's priority date is "current" per the monthly Visa Bulletin. Processing times vary; check the USCIS Processing Times tool for current estimates. If the priority date is current at the time of I-140 filing, the employer and employee can file concurrently (I-140 + I-485 together), potentially saving months of processing time.
Per-country limits restrict each nation to approximately 7% of annual employment-based green cards (per INA §202), creating severe backlogs for high-demand countries. As of the March 2026 Visa Bulletin:
For employees from backlogged countries, early PERM initiation is critical. Many employers begin the PERM process within the first year of H-1B employment. For employees who may qualify, the EB-2 NIW offers a self-petition alternative that bypasses PERM entirely and allows filing without employer sponsorship.
Read: Alma's guide to employment-based green cards for a detailed comparison of EB-1, EB-2, and EB-3 pathways and timelines.
Read success stories from Alma's immigration clients including companies across technology, healthcare, and financial services.
Traditional law firms charge hourly rates that make H-1B costs unpredictable, often taking weeks to respond to employer questions and leaving employees in the dark about case status. Alma's attorney-led immigration platform combines experienced legal counsel with technology that keeps every stakeholder informed.
Transparent, flat-fee pricing: Alma charges per visa with no hidden costs: $500 for lottery registration, $3,500 for new cap or cap-exempt petitions, $3,000 for extensions, $3,000 for transfers, and $3,000 for amendments. RFE responses are included in the base fee. USCIS filing fees are billed separately at cost.
Attorney expertise at every step: Every case is handled by a dedicated attorney with deep H-1B experience. Alma attorneys draft the support letter, prepare the complete petition, handle LCA filings, and manage all USCIS correspondence. For businesses with multiple cases, Alma provides a lead attorney and immigration manager with bi-weekly status calls.
Technology-powered visibility: Alma's platform gives both employers and employees real-time case tracking, automated deadline alerts, document upload portals, and direct messaging with the legal team.
Support for every stage: Beyond H-1B, Alma handles the full immigration lifecycle including PERM labor certification, I-140 petitions, adjustment of status, and alternative visa pathways like the O-1A and EB-2 NIW. Volume discounts are available for growth-stage companies and enterprise clients.
Get started with an experienced Alma attorney to discuss your H-1B sponsorship needs.
For cap-subject petitions, the process takes approximately 6 to 12 months total. This includes 1 to 4 weeks for eligibility assessment and document preparation, the March registration window, waiting for lottery results by late March, the April 1 to June 30 petition filing window, and USCIS adjudication (15 business days with premium processing, or longer under standard processing). The employment start date is October 1 or later. Cap-exempt petitions and H-1B transfers can be filed at any time and move faster because they skip the lottery entirely.
For new cap-subject petitions, no. The employee cannot begin H-1B employment until October 1 of the relevant fiscal year, regardless of when the petition is approved. For H-1B transfers (change of employer), the employee can begin working for the new employer as soon as USCIS receives the petition, per the portability provisions of AC21. For extensions, the employee may continue working for up to 240 days beyond the current H-1B expiration while the extension petition is pending, provided it was filed before the expiration date.
If the beneficiary is not selected, the employer cannot file a cap-subject H-1B petition for that fiscal year. Options include: re-registering in the next year's lottery, exploring cap-exempt employment (at a university, nonprofit research organization, or affiliated entity), or considering alternative visa categories such as the O-1A visa for individuals with extraordinary ability, the L-1 visa for intracompany transferees, or the TN visa for Canadian and Mexican professionals. Employees on F-1 OPT can continue working under that authorization while waiting for the next lottery cycle.
Employers are required to pay the H-1B worker at least the required wage (the higher of the actual or prevailing wage) for the full duration of employment. If the employee is placed in nonproductive status due to the employer's decision (not the employee's), the employer is still required to pay the full salary. Employers are required to maintain a public access file for each H-1B worker, keep payroll records for 3 years, and notify USCIS if the employment relationship ends before the H-1B expiration. If the employer terminates the worker before the petition period ends, the employer is required to offer to pay reasonable transportation costs for the worker to return to their home country.
Many employers begin the process as early as possible, particularly for employees born in India or China who face multi-year visa backlogs. Because the PERM labor certification process alone typically takes 22 to 36 months (including the current DOL processing time of approximately 503 days for analyst review as of February 2026), and the I-140 adds additional months, employers seeking to retain key talent often begin the PERM process within the first year of H-1B employment. Early filing also secures an earlier priority date, which determines the employee's place in the green card queue. For employees who may qualify based on advanced degrees or exceptional ability, the EB-2 NIW pathway can run concurrently as a self-petition, providing a backup strategy.
