H-1B Visa for Employers: Requirements, Costs, and Hiring Timeline

The H-1B visa remains the primary pathway for U.S. employers to hire skilled foreign professionals, and 2026 brings the biggest H-1B visa program changes in years. The lottery is now weighted by salary, giving employers who offer competitive wages a real advantage. Registration requirements are more detailed, with USCIS expecting SOC codes, wage levels, and work locations upfront. And a major H-1B visa fee increase, a $100,000 supplemental fee on certain new petitions, is reshaping how companies think about where they source talent. The employers who understand these changes will be better positioned to secure the hires they need.

What Is the H-1B Visa?

The H-1B visa is a nonimmigrant work visa that allows U.S. employers to temporarily hire foreign professionals in specialty occupations, which are roles that require at least a bachelor's degree in a specific field. Software engineering, data science, finance, architecture, and medicine are common examples.

Congress caps new H-1B visas at 85,000 per fiscal year: 65,000 under the regular cap and 20,000 reserved for workers with U.S. master's degrees or higher. Demand far exceeds that number, so USCIS runs a lottery to determine which petitions can move forward.

Cap-exempt employers, including universities, nonprofit research organizations, and government research institutions, are not subject to the cap and can sponsor H-1B workers year-round without going through the lottery.

H-1B Visa Program Changes: Why the U.S. Overhauled the System

The wage-weighted lottery was introduced to address several concerns:

Protecting U.S. workers. By giving preference to higher-paying positions, the government aims to prevent companies from using H-1B visas to fill lower-wage roles that could reasonably be staffed domestically.

Reducing system abuse. The new rules target employers who previously submitted large volumes of registrations for lower-wage positions to increase their chances of selection.

Focusing on high-skill talent. DHS says the weighted lottery better reflects Congress's original intent: using the H-1B program to bring genuinely specialized, high-skill professionals to the U.S.

The H-1B visa fee increase reinforces this shift. The H-1B $100,000 fee, introduced by a September 2025 H-1B executive order, applies only to new petitions for overseas beneficiaries. This means employers sponsoring candidates already in the U.S., like F-1/OPT graduates or existing H-1B transfers, face significantly lower costs and a simpler process.

H-1B Visa Fees and Sponsorship Costs

How much it costs to sponsor an H-1B worker depends on your company size, whether the beneficiary is in the U.S. or overseas, and whether you use premium processing.

Government Fee Breakdown

Total Estimated Cost by Scenario

Ranges include estimated attorney fees of $3,000–$7,000. Actual costs vary by case.

H-1B Hiring Timeline

The H-1B process runs on a fixed calendar, so planning ahead is essential. Here's what the FY 2027 cycle looks like.

FY 2027 Cap-Subject Timeline

Cap-Exempt and H-1B Change of Employer Timelines

Cap-exempt employers (universities, nonprofit research institutions, government research organizations) can file H-1B petitions at any time, no lottery, no October 1 start date restriction.

H-1B change of employer petitions (transfers) can also be filed year-round. Under H-1B portability rules, the employee can begin working for the new employer as soon as the Form I-129 petition is properly filed with USCIS.

H-1B Sponsorship Process: Step-by-Step

Here's the actual filing process for a cap-subject H-1B petition, from eligibility through start date.

Step 1: Determine Eligibility

The position must qualify as a specialty occupation, a role that requires at least a bachelor's degree in a specific field as a standard industry requirement, not just your company's preference. The candidate must hold the required degree or its equivalent.

Step 2: Register for the Lottery

During the registration period (March 4–19, 2026 for FY 2027), submit an electronic registration through your USCIS online account for each beneficiary. You'll need to provide:

• Standard Occupational Classification (SOC) code
• Area of intended employment (geographic work location)
• OEWS wage level (I through IV)
• Offered salary

Pay the $215 registration fee per beneficiary via pay.gov.

Step 3: If Selected, Obtain a Certified LCA

If your registration is selected, file a Labor Condition Application (LCA) with the Department of Labor. The LCA confirms you'll pay the prevailing wage and comply with working condition requirements. DOL typically certifies LCAs within 7 business days.

Step 4: File the I-129 Petition

Within the 90-day filing window, submit the complete Form I-129 petition package to USCIS, including:

• Certified LCA
• H Classification Supplement and H-1B Data Collection Supplement
• Evidence the role is a specialty occupation (job description, degree requirements)
• Evidence the beneficiary is qualified (diplomas, transcripts, credential evaluations)
• All required fees (see cost table above)
• If applicable, proof of $100,000 fee payment via pay.gov

Step 5: USCIS Adjudication

USCIS reviews the petition and issues one of three outcomes: approval (Form I-797), a Request for Evidence (RFE), or denial. If approved via standard processing, the employee can start work on or after October 1. If you filed with premium processing, expect a decision within 15 business days.

Step 6: Visa Stamping (If Applicable)

If the employee is outside the U.S., they'll need to schedule a visa interview at a U.S. consulate after the petition is approved. They can enter the U.S. up to 10 days before their H-1B start date.

H-1B Registration Requirements for Employers

Under the weighted selection system, employers now provide substantially more detail at registration than was previously required:

1. SOC code - the occupational classification for the position
2. Area of intended employment - the geographic location(s) where the worker will be based
3. OEWS wage level - the highest wage level (I through IV) that the offered salary equals or exceeds for that SOC code and location
4. Offered wage - the actual salary being offered

Previously, many of these details were finalized after lottery selection during the LCA stage. Now they're locked in before the lottery and must match the final petition exactly.

How the Weighted Lottery Works

USCIS assigns lottery entries based on the wage level submitted at registration:

Wage levels are determined by the DOL Online Wage Library based on the SOC code and work location. The same salary can produce different wage levels in different cities, which means geography is now a direct factor in your H-1B strategy.

Common H-1B Registration and Petition Mistakes

Registration details must align with the final petition. These are the mistakes that get employers into trouble:

Inflating the wage level without supporting job duties. If you claim Level III at registration but the job description reads like an entry-level role, USCIS will flag the discrepancy. The salary, the duties, and the wage level all need to tell the same story.

Using the wrong SOC code. Selecting a code that doesn't match the actual work, whether by mistake or to target a higher wage level, can result in an RFE or denial.

Failing to align registration with the final offer letter. The wage, location, and job details submitted during registration need to match what appears in the LCA and the I-129 petition. Material discrepancies, especially changes that lower the wage level, will be scrutinized.

Changing the work location without updating the wage level. If you move the role from one city to another between registration and petition filing, the prevailing wage may change. A location change that drops the wage level can undermine the basis for your weighted selection.

Not documenting multi-site or remote work arrangements. If the employee will work across multiple locations, the registration should reflect the primary worksite. Ambiguity here creates compliance risk.

Submitting duplicate registrations. Each employer can submit only one registration per beneficiary. If related entities submit multiple registrations for the same person, USCIS can invalidate all of them.

DHS has explicitly preserved authority to deny or revoke petitions if it determines an employer attempted to unfairly increase selection odds by providing inaccurate or misleading information at registration.

What Employers Need to Do to Prepare

These steps should be completed well before the registration window opens:

1. Audit Your H-1B-Eligible Positions

Review all positions currently filled or potentially requiring H-1B sponsorship. Verify accurate SOC code assignments for each role and make sure job descriptions support the assigned wage levels.

2. Evaluate Wage Levels Early

Determine the OEWS wage level for each position and location using the DOL wage data. Confirm the offered salary genuinely supports the claimed wage level. If salary adjustments are needed, make sure they're defensible.

3. Coordinate Immigration and Compensation

Align your immigration strategy with HR and compensation departments. The wage level, SOC code, job description, and LCA details all need to be consistent. Address potential pay equity implications of any wage adjustments.

4. Assess Selection Risk for Lower-Wage Roles

Identify positions likely to fall into Wage Level I, where selection odds are lowest. Develop contingency plans and consider alternative visa pathways (L-1, O-1, cap-exempt positions) for critical hires.

5. Review Geographic Arrangements

Assess how multi-site or remote work affects wage level determinations. Document work location arrangements clearly and understand the prevailing wage implications for each worksite.

Frequently Asked Questions

Post a Job and Sponsor Talent With Migrate Mate

The H-1B program has changed, but the opportunity is still there for employers who plan ahead. The weighted lottery rewards competitive offers, and sponsoring candidates already in the U.S. keeps costs manageable.

Migrate Mate helps employers:

✓ Post jobs and reach candidates who are ready for H-1B sponsorship

✓ Access verified sponsorship data to benchmark your filings against industry standards

✓ Connect with qualified talent already in the U.S. to avoid the $100,000 overseas petition fee

Post a Job & Sponsor Talent →