[DIY] H1B VISA Application

Step-by-Step H-1B Visa Application Process

Overview: What Is the H-1B Visa?

The H-1B is a temporary, nonimmigrant visa that allows U.S. employers to hire foreign professionals in specialty occupations requiring at least a bachelor’s degree or its equivalent. It’s employer-sponsored, subject to an annual cap, and highly sought after across sectors such as IT, engineering, finance, and healthcare [2^][3].

Step 1: Obtain a Job Offer and Identify a Sponsor

1. Secure a formal job offer from a U.S. employer willing to sponsor your H-1B petition.

2. Ensure the job qualifies as a “specialty occupation,” meaning it requires specialized knowledge and a relevant bachelor’s degree (or higher) [6^].

Discuss role details, start date, salary, and any training requirements to confirm eligibility before moving forward [1^].

Step 2: Prepare and File the Labor Condition Application (LCA)

• Employer files Form ETA-9035 with the Department of Labor (DOL) via the FLAG system.

• LCA attests that:

  • You’ll be paid the prevailing wage for your occupation and location.

  • Employment won’t negatively impact U.S. workers’ wages or conditions.

• Employer must post notice at the worksite (or electronically) for 10 business days before filing [2^][3][6^].

Obtain DOL certification (usually within seven business days) before submitting your H-1B petition [1^].

Step 3: Participate in the Electronic Registration (If Cap-Subject)

1. Between early and mid-March, employer creates a USCIS online account and submits a $10 registration for each beneficiary.

2. USCIS conducts a random lottery if registrations exceed the annual cap (65,000 regular + 20,000 master’s).

3. Results are typically announced by late March or early April; selected registrations advance to full petition filing [2^][5][6^].

If your registration isn’t selected, you must wait for the next fiscal year’s lottery.

Step 4: File Form I-129, Petition for Nonimmigrant Worker

Once selected, employer assembles and submits the H-1B petition package:

• Certified LCA (Form ETA-9035)

• Form I-129 and H Classification Supplement

• Detailed job description, duties, and work location

• Beneficiary’s credential documents (degree, transcripts, evaluations)

• Employer support letter explaining specialty nature of the role

• Filing fees (base fee, ACWIA fee, fraud prevention fee, optional public law fee)

Premium processing (Form I-907) is available for expedited 15-day adjudication for an extra fee [1^][2][5^].

Step 5: USCIS Adjudication and Requests for Evidence (RFEs)

• USCIS reviews the petition and issues:

  • Approval notice (Form I-797)

  • Request for Evidence (RFE) for missing or clarifying documentation

  • Denial notice if eligibility requirements aren’t met

• Respond thoroughly to any RFE within the specified deadline to avoid denial [2^][4].

Processing times vary under regular processing; premium processing guarantees action in 15 days.

Step 6: Consular Processing or Change of Status

• If you’re outside the U.S.:

  1. Complete DS-160 online and pay the visa application fee.

  2. Schedule and attend an interview at a U.S. consulate.

  3. Bring Form I-797, DS-160 confirmation, passport, photos, LCA, and supporting docs.

  4. Upon approval, receive H-1B visa stamp and enter the U.S. on or after your petition’s start date [2^][5].

• If already in the U.S. under another status:

  • USCIS automatically changes your status to H-1B upon petition approval—no consular visit required [6^].

Step 7: Beginning Employment and Ongoing Compliance

• You may begin H-1B employment on or after the petition’s effective date (commonly October 1).

• Maintain H-1B status by working only for the sponsoring employer and notifying USCIS of any material changes (job location, title, salary).

• Dependents (spouse and unmarried children under 21) can apply for H-4 status; spouses may seek work authorization if applicable [5^][6].

If you encounter complexities—RFEs, cap exemptions, or concurrent employment—consult experienced immigration counsel to navigate the process and safeguard your status throughout your H-1B tenure.