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H-1B Visa Checklist

Specialty occupation visa — employer-sponsored, annual lottery

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March

Lottery Window

registration ~Mar 1–18

$3k–5k

Employer Fees

I-129 + training + fraud

$2,805

Premium Process

15 business days

Oct 1

H-1B Start Date

start of fiscal year

Phase 1: Confirm Eligibility

Both the job and your qualifications must meet specialty occupation standards

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You have a bachelor's degree or higher in a field directly related to the job

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Foreign degrees must be evaluated by a NACES-member credential evaluator

The job requires a bachelor's degree in a specific specialty (not just any degree)

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You have a US employer willing to sponsor your H-1B petition

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The employer will pay at least the prevailing wage for the role and location

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Determined by DOL wage data — employer must file LCA certifying this

You are not already in H-1B status with the same employer (unless extending or amending)

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Phase 2: H-1B Lottery Registration (March)

Employer registers on your behalf — selection is random

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The lottery is the biggest bottleneck. Odds are roughly 20–40% per year. Plan for multiple attempts. Cap-exempt employers (universities, nonprofits) skip the lottery entirely.

Employer creates or logs into myUSCIS account (beneficiary does NOT file)

Online
myUSCIS for employers

Employer submits your registration and pays $215 per registration (non-refundable)

Fee

Registration window: approximately March 1–18 each year

Action

Wait for lottery selection notification (late March)

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If Selected: proceed to petition filing. If Not Selected: wait for additional selections or consider cap-exempt employers

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Master's cap: US master's degree holders get entered in both the regular (65k) and master's (20k) pools — double chance

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Regular cap: 65,000 slots. Master's cap: additional 20,000 for US master's holders

Phase 3: Labor Condition Application (LCA)

Employer files with Department of Labor before I-129 — no fee

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Employer files LCA on DOL FLAG system (iCERT/FLAG portal)

Online
DOL FLAG system

LCA certifies: job title, SOC code, wage level, worksite address

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LCA processing: typically 7 business days

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Receive certified LCA from DOL — this is required before filing I-129

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Employer posts LCA notice at worksite for 10 consecutive business days

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Phase 4: Gather Petition Documents

Attorney typically prepares the I-129 — provide these to your attorney

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Educational degrees and official transcripts (all)

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Foreign credential evaluation (if degree is from outside US)

Document

Use NACES-member evaluator: ECE, WES, or Josef Silny

Resume / CV

Document

Detailed job offer letter from employer (job title, duties, salary, start date)

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Organizational chart showing position within company

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Company's E-Verify enrollment documentation

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Certified LCA from DOL (employer provides)

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Passport copy (biographical page)

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Current visa / immigration status documents (I-20, EAD, etc.)

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Any prior H-1B approvals or immigration notices (I-797s)

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Phase 5: File Form I-129 Petition

Employer (or attorney) files April 1 – June 30 for October 1 start

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Only the employer files I-129 — not the employee. Filing window is April 1 to June 30 for October 1 start date.

Employer/attorney files Form I-129 with H Classification Supplement

Form

Employer pays base filing fee: $730 (26+ employees) or $460 (1–25 employees)

Fee

Employer pays ACWIA training fee: $1,500 (1–25 employees) or $3,000 (26+ employees)

Fee

Employer pays asylum program fee: $600 (26+ employees, effective April 2024)

Fee

Employer pays anti-fraud fee: $500 (all H-1B petitions)

Fee

Optional: Pay $2,805 for Premium Processing (I-797 decision in 15 business days)

Fee

USCIS issues I-797 Receipt Notice — save the receipt number

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Phase 6: If You Receive an RFE

Request for Evidence — respond before deadline

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An RFE is common — it does NOT mean denial. Respond with strong evidence before the deadline (usually 87 days).

Note the response deadline (printed on the RFE notice)

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Review each issue raised in the RFE carefully with your attorney

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Gather supporting evidence: job postings, industry surveys, expert letters, org charts

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Attorney drafts point-by-point response addressing every RFE issue

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Mail RFE response package before the deadline

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Wait for USCIS decision (approval or denial)

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Phase 7: Cap-Gap Protection (OPT → H-1B)

If currently on OPT and switching to H-1B on Oct 1

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If on OPT: cap-gap protects your work authorization from OPT expiry through September 30

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Get updated I-20 from your DSO showing cap-gap extension status

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Keep working with old EAD + new I-20 as proof of cap-gap authorization

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Do NOT travel outside the US between OPT expiry and Oct 1 without advance parole

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Travel may break your cap-gap protection and you may not be able to return on OPT

Phase 8: H-1B Visa Stamp (if traveling abroad)

Required only if you need to re-enter the US after traveling internationally

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Complete DS-160 online visa application

Form
DS-160 application

Pay MRV visa fee: $205

Fee

Schedule appointment at nearest US Embassy or Consulate

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Gather documents: I-797 approval, passport, DS-160, photo, company letter, offer letter

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Attend visa interview at embassy

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Receive H-1B visa stamp in passport (valid for 1–3 years for Indian citizens; up to 10 years for others)

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