H-1B Visa Attorney

The H-1B cap process begins with an electronic registration period that typically opens in early March. USCIS announces the exact registration dates each year, so employers should rely on the official H-1B Cap Season page for the current schedule rather than fixed calendar dates.

The H-1B cap process generally follows these steps:

1. The U.S. employer submits an electronic H-1B registration during the USCIS registration window and pays the $215 registration fee for each beneficiary.
2. USCIS conducts the H-1B cap selection process. As of 2026, selections are wage-weighted, meaning registrations associated with higher qualifying wage levels receive more entries in the selection process than lower wage levels.
3. Selected employers receive a Notice of Selection and may file a complete H-1B petition.
4. The employer files Form I-129 (Petition for a Nonimmigrant Worker), together with the certified Labor Condition Application (LCA) and the Notice of Selection, within the filing period specified by USCIS.
5. USCIS issues Form I-797 Notice of Action if the petition is approved.
6. The beneficiary completes consular processing or adjusts status in the United States, as applicable, before beginning H-1B employment.

Important: For cap-subject H-1B petitions, the earliest filing date is typically April 1, but the registration period occurs earlier in March. Most approved cap-subject beneficiaries begin employment on October 1, while cap-exempt H-1B petitions are generally not subject to the October 1 start date.

For the current registration window, filing deadlines, and official H-1B cap guidance, see the USCIS H-1B Cap Season page: USCIS H-1B Cap Season

Since the H-1B is a work visa and does not guarantee permanent residency, it has strict requirements for the applicant and the specific position they are applying for. The foreign national must demonstrate that they possess certain skills and academic qualifications to hold a “specialty occupation.” According to the USCIS, the requirements for H-1B visa applicants include:

• The U.S. company, which is willing to sponsor the applicant, makes a job offer;
• The job offer is for a specialty occupation, which requires a bachelor’s degree (or its equivalent) or higher;
• The proposed salary and working conditions meet the standards applicable to the geographic area where the applicant will be working; and
• The applicant’s education and/or work experience is relevant to the specialty occupation in the job offer.

Applying for an H-1B visa involves various documents that both the employer and the beneficiary must prepare and submit to prove their eligibility. You might want to get help from an H-1B visa lawyer to discuss your specific case and determine whether you meet the eligibility requirements before embarking on this journey.