Applying for an H-1B Visa


Electronic Registration for First Time H-1B

A first time H-1B subject to the cap should complete an electronic registration that requires basic information about petitioner and beneficiary first. The initial registration period is for a minimum of 14 calendar days each fiscal year. USCIS then runs the H-1B selection process to select unique beneficiaries based on properly submitted electronic registrations. A selected beneficiary who receives a registration selection notice and may file an H-1B cap-subject petition.

The number of H-1B visas issued each year is subject to a statutorily defined maximum, as authorized by Congress. This annual quota, referred to as the “H-1B cap,” amounts to 65,000 H-1B visas, plus an additional 20,000 for aliens with at least a master’s degree from a U.S. university. Given the popularity of this nonimmigrant visa category among U.S. employers and alien employees alike, the number of H-1B petitions USCIS receives every year significantly outnumbers the number of visas available.

Employers (or their HR professionals) should make sure that all registration and petition information is correct. USCIS may reject the H-1B petition for typos or errors on the selected registration in comparison with the petition.

Once selected, the first time H-1B petition should be filed within the period specified in the registration selection notice, which is usually a 90-day period, and no more than 6 months before the employment start date requested for the beneficiary.If theoriginal petition is rejected, petitionercan refile it if it is still within the designated 90-day filing window.Therefore, employers (or their HR professionals) should work with their attorneys to start and finalizeregistrations and petitions carefully and quickly.

Process

The H-1B application process entails the following steps.Recall that the petitioner of an H-1B visa is a U.S. employer, which sponsors the beneficiary of the visa, the alien worker.

  • A U.S. employer offers a specialty occupation job position to an alien worker. After the alien accepts the position, the employer agrees to file an H-1B petition on the foreign worker’s behalf.
  • The employer retains an immigration attorney to file the H-1B registration, thereby establishing an attorney-client relationship. (Our firm is here to help you with all of your H-1B needs. Click here to retain one of our experienced H-1B attorneys.)
  • The attorney collects all information necessary for the H-1B registration, and submit the registration timely.
  • If the registration is selected, the attorney collects all information and documentation required for the employer’s H-1B application.

    -Among these materials is a detailed job description, the exact dates of prospective employment, information about the petitioning employer, and information about the alien beneficiary’s qualifications and work experience.
  • The attorney obtains the prevailing wage determination for the area of intended employment of the H-1B beneficiary.

-To this end, the attorney usually first reviews prevailing wage determinations made accessible by DOL in an online database.

-If the wage for the position on DOL’s database is higher than that offered by the petitioning employer, then the attorney will obtain a prevailing wage determination from the Department of Labor’s Wage and Hour Division for the state where the intended employment is to be located.

-If the Wage and Hour Division’s prevailing wage determination is also higher than the one proposed by the employer, then the attorney may obtain a prevailing wage from other sources of wage data.

-Given the above, it’s easy to understand why, in many cases, finding the appropriate prevailing wage determination for a specific H-1B position necessitates the professional advice and guidance of experienced H-1B attorneys.

  • The attorney subsequently files an LCA via ETA Form 9035 & 9035E with DOL on behalf of the petitioning employer.

    -An approved LCA is binding. The employer is required to pay the same prevailing wage indicated, offer the same benefits to H-1B visa holders as other employees, and assure that employment of the alien will not negatively affect the conditions of other workers, including workers on strike and U.S. workers in general.

    -Evaluation of an LCA typically takes a week.
  • In general, USCIS takes between two and four months to adjudicate H-1B petitions that are selected for processing in the computer-generated lottery.

    - Costing an additional $2,805 on top of standard filing fees, premium processing guarantees USCIS will render a decision within 15 business days of receiving a petition. This extra fee may be paid by the petitioning U.S. employer or by the prospective alien worker.

Our experienced immigration attorneys are here to guide professionals through the complicated H-1B application process and minimize any and all confusion or challenges. We understand how important an H-1B visa is to you, whether as the employer or the prospective employee. Our seasoned staff and years-long track record of success make Zhang & Associates the natural choice to facilitate your H-1B petitions.

For more detailed information on the H-1B category, including minimum requirements and USCIS policies, refer to the following links:

General H-1B Topics

H-1B Articles

 

Updated 11/27/2025