What is the H-1B Visa?
The H-1B visa is a U.S. non-immigrant visa for specialty occupations. It lets U.S. employers hire foreign professionals in jobs requiring specialized knowledge and a bachelor’s degree (or equivalent). For example, IT engineers, scientists, and engineers often qualify. Key features: the employer must sponsor the worker and file the petition, and the job must require at least a bachelor’s degree in a related field. H-1B status lasts up to 3 years (extendable to 6 years), with dual intent allowed (holders can pursue a green card while on H-1B).
- Who qualifies? The position must be a “specialty occupation” requiring theoretical/practical specialized knowledge, and the candidate must have at least a related bachelor’s degree.
- Sponsors & documents: A U.S. employer files Form I-129 (H-1B petition) with USCIS. The employer must obtain an approved Labor Condition Application (LCA) from the Department of Labor to show they will pay the prevailing wage.
- Cap-subject vs. exempt: Most new H-1Bs are “cap-subject” (subject to the annual quota); cap-exempt employers (universities, non-profits) can file any time.
At a glance | H1B visa USA — Quick facts (2026)
- Annual cap: 65,000 regular + 20,000 advanced-degree (U.S.) — total 85,000 (cap-subject).
- Key change (2026): Wage-weighted lottery — higher prevailing-wage registrations receive greater selection weight; beneficiary-centric rules prevent “double-counting.”
- Registration window: Electronic registrations open in March (employers submit $215 registrations). Selected registrations proceed to petition filing (Apr–Jun).
- Employer filings: If selected, employer files Form I-129 with an approved LCA, supporting evidence, and required USCIS fees. Premium processing available for faster decisions.
- Major fees (typical): $215 registration + I-129 base + ACWIA + fraud/public-law fees; optional premium processing (~15-day). Some overseas new filings may trigger a temporary $100,000 rule — check official guidance.
- Typical timeline: Register (Mar) → Selection (late Mar/Apr) → I-129 filing (Apr–Jun) → USCIS decision (weeks–months) → Consular stamping (if outside US) → H-1B start Oct 1 (example estimate).
- Who qualifies: Specialty occupation requiring a bachelor’s (or equivalent) in a related field; employer must sponsor and pay prevailing wage.
- H-4 dependents: Spouse/children under 21 qualify; H-4 EAD possible if principal has approved I-140 or meets AC21 extension conditions.
- Top RFE triggers: weak specialty-occupation evidence, wage level mismatch, employer-employee relationship gaps — prepare a clear job narrative and strong docs.
New H-1B Rules for 2026
Recent policy changes will affect the 2026-2027 H-1B season. Most notably, starting FY2027, the lottery will use a wage-based weighted system instead of purely random selection. Under the finalized DHS rule, beneficiaries with higher wage levels get more entries: for example, a wage at Level 4 (highest) yields 4 lottery entries, Level 3 yields 3, etc. However, the selection remains beneficiary-centric: each person can still only be selected once, and if multiple registrations exist (e.g. multiple employers), the lowest wage level counts for weight.
Other changes include a new $100,000 minimum payment requirement for certain H-1B petitions. A presidential proclamation effective Sept. 21, 2025 mandates that petitions for workers outside the U.S. (i.e. consular processing or re-entering) include proof of a $100K payment. Domestic Change-of-Status filings within the U.S. remain exempt from this requirement. Note this rule is temporary (12 months unless extended) and may be contested, but attorneys advise planning for it.
Finally, the H-1B cap numbers are unchanged. USCIS confirmed the statutory cap remains 65,000 plus 20,000 for U.S. master’s-degree holders. Thus, despite the new lottery rules and fees, the quota is still 85,000 per year.
H-1B Cap and Lottery Basics
Each fiscal year (FY = Oct1–Sept30) begins with the H-1B cap lottery. For cap-subject visas, USCIS allocates 65,000 spots for bachelor’s-degree holders and 20,000 for U.S. master’s (higher-education) holders. If more registrations are received than visas available (which is almost always the case), USCIS conducts a randomized lottery.
Key points:
- Registration: Employers create an account on the USCIS portal, then register their candidates electronically (March 2026 for FY2027). Each registration (paying a $215 fee) is for one beneficiary.
- Master’s cap: All master’s-degree registrations also enter the regular lottery if not selected in the advanced-degree pool. Those not selected in both pools remain unselected.
- Selection results: USCIS typically publishes results by late March or early April (for FY2027, after registration closes). Only selected beneficiaries can file full H-1B petitions.
Example: Fisher Phillips notes that for FY2025, USCIS ran two lotteries and saw ~442,000 registrations, and expects similar volumes for FY2026/2027. Because of high demand, early preparation is crucial.
Wage-Weighted Lottery in 2026
The major 2026 change is the wage-weighted lottery, finalized by DHS and submitted to OMB in late 2025. Under this rule:
- Higher wages get higher odds: Each registration’s “weight” depends on the wage level (based on DOL’s four-tier wage levels). A Level 4 wage (highest) gives 4 lottery entries; Level 3 gives 3; Level 2 gives 2; Level 1 gives 1.
- Beneficiary-centric: Crucially, a person can only be selected once, even if registered multiple times. If a beneficiary has multiple registrations (different employers or locations), USCIS uses the lowest wage level among them to set the weight. That prevents “gaming” by multiple high-paying employers.
This means skilled workers with higher salaries (often more experienced or managerial roles) will statistically have better lottery odds. Proposed USCIS guidance explained this scheme and its probability impact. Applicants should ensure accurate wage disclosure on registrations because it directly affects selection chances.
H-1B Electronic Registration Process
Timeline: USCIS will open its online system in early March 2026 (exact dates typically mirror prior years) for employers to register candidates. To enter, the sponsoring employer must create an organizational USCIS account. Each petition candidate gets one registration (employers may submit multiple for one person, but each person can only be chosen once).
Fee: For FY2027, the electronic registration fee is $215 per beneficiary. Only paid registrations are eligible for the lottery. Employers should pay close attention to USCIS announcements for the registration window (usually ~2–3 weeks in March).
Data collection: During registration, employers provide basic details: the beneficiary’s name and passport, job code (SOC), offered wage, work location(s), and the beneficiary’s highest degree. These data feed the wage-weight calculation and demographic stats. For 2027, USCIS may also require employers to upload documents supporting wage claims (this was hinted in proposals).
Tip: Since the beneficiary’s passport is the unique identifier, use the same passport number for all registrations of that person; mismatches can invalidate all filings. Also, double-check all info (name spelling, location, wage level) for consistency with the later petition.
H-1B Lottery Results & Next Steps
USCIS typically notifies employers of selections by late March/early April. If a registration is selected, the employer can file an H-1B petition (Form I-129) for that beneficiary. If not selected, the employer will get a refund of the $215 fee.
After selection: Employers must prepare and submit the full H-1B petition. This includes the approved LCA, Form I-129, supporting docs (degree, resume, etc.), and filing fees. The petition must be received by USCIS within the filing period (usually April 1 to June 30). USCIS does not count mailed filings outside those dates.
If not selected: Consider alternatives or reapply next year. The employer may explore other visa categories (see “Alternatives” below) or plan for OPT/SEVIS status extensions if the candidate is a student.
Filing the I-129 Petition
Once selected, the employer files Form I-129 (Petition for a Nonimmigrant Worker) with USCIS. Key steps:
- LCA preparation: The employer must have an approved Labor Condition Application (LCA) from the DOL certifying wages. Usually, the LCA is filed 1–2 weeks before I-129 submission.
- Document gathering: Prepare all evidence: the beneficiary’s degrees/transcripts, resume, passport copy, and an employment letter describing the job duties and why it qualifies as a specialty occupation.
- Timely filing: Petitions can be submitted starting April 1 (for FY2027) and are usually due by June 30.
Each petition requires all applicable fees (see table below). Once filed, USCIS will issue a receipt notice. Employers can optionally include a Form I-907 for premium processing (15-day decision) by paying an extra fee. Premium processing can speed approval or RFE response (see next sections).
After filing: USCIS will either approve, issue an RFE, or deny. Approval grants H-1B status (with validity typically beginning Oct 1 for cap cases). A denial means the H-1B is not granted (usually due to missing criteria or bad documentation). Receiving an RFE (Request for Evidence) is common; it means USCIS wants more info. Timely and complete RFE responses are crucial to ultimately secure the visa.
H-1B Petition Filing Fees
H-1B petitions require multiple fees paid to USCIS (employers pay these). The table below summarizes major fees:
| Fee Type | Amount (2026) | Paid by |
|---|---|---|
| Registration Fee (electronic) | $215 per beneficiary | Employer |
| I-129 Base Filing Fee | $460 | Employer |
| ACWIA Training Fee | $750 (≤25 FTE) / $1,500 (≥25 FTE) | Employer |
| Fraud Prevention Fee | $500 | Employer |
| Public Law 114-113 Fee | $4,000 (if >50% workers are H-1B/H-4) | Employer |
| Premium Processing (optional) | $2,500 (15-day processing) | Employer or employee |
| $100K Visa Fee | $100,000 (if applicable) | Employer |
| I-907 (if separate) | — | — |
- $100K fee: As noted above, for petitions requiring consular processing outside the U.S., employers must pay a $100,000 “H-1B visa fee”. USCIS guidance says this applies to new overseas petitions (e.g. first H-1B abroad) but not to extensions or changes of status within the U.S..
- Attorney fees: Any legal fees are separate and typically borne by the employer (they cannot be charged to the beneficiary).
Employers should budget roughly $4,000–$5,000 in USCIS filing fees for a typical H-1B petition (without premium) if the $100K rule is not triggered. Adding premium processing (+$2,500) speeds up USCIS’s review (USCIS promises a decision in 15 calendar days).
Premium Processing Option
USCIS offers premium processing for H-1B petitions (Form I-907) at an additional fee (currently $2,500). If requested, USCIS will issue an approval, denial, or RFE notice within 15 calendar days. Premium processing is optional but highly recommended for important cases: it provides fast certainty and a guaranteed timeline.
- Pros: Quick decision (minimizes uncertainty and waiting). If an RFE is issued, the clock stops and 15-day processing resumes after receipt of response.
- Cons: Extra cost ($2,500). If the petition is eventually denied, the fee is not refunded.
Premium processing can be paid by either the employer or the employee, but it cannot be paid by the beneficiary if that would reduce the worker’s wages below the required prevailing wage. In practice, most employers cover premium processing for H-1B cases to ensure timely adjudication.
Common RFEs and How to Avoid Them
Even approved registrations can face obstacles. USCIS has tightened scrutiny, and many petitions get a Request for Evidence (RFE) or denial. The most frequent RFE/denial triggers are well-documented by immigration attorneys. To reduce risks:
- Specialty Occupation Definition: Provide a detailed job description and explain how duties require a degree-level skill. Vague titles (e.g. “Engineer”) or generic descriptions often cause RFEs. Show the complexity of the role and how it fits USCIS’s specialty occupation criteria.
- Correct Wage Level: Ensure the wage level on the LCA and petition matches the role. Mismatches or underpaid LCAs trigger RFEs. USCIS uses wage level as a flag for potential fraud. Use authorized sources (e.g. FLCM or OES) to pick the right level and document it.
- Employer-Employee Relationship: Prove the employer’s ability to hire and pay. Include company brochures, org charts, financial reports or tax returns. Weak employer documentation (especially for new or small companies) can cause RFEs.
Other tips: Double-check all documents for consistency (job title, dates, names). Organize the petition packet neatly. Include a cover letter summarizing the evidence. Consulting an immigration attorney can catch issues early.
By preparing a strong initial petition, one minimizes RFE needs. Gozel Law emphasizes that whether a case ends in approval or denial is often about strategic preparation, not luck.
Reducing Denial Risk
Beyond RFEs, outright denials can happen if issues aren’t corrected. Here’s how to lower denial chances:
- Plan Ahead: File the petition only when the case is rock-solid. If the candidate’s credentials or the job role are borderline, address that before applying.
- Consistent Information: Ensure employer submissions, LCA, and Form I-129 contain consistent details. Discrepancies raise USCIS suspicions.
- Legal Compliance: Keep the beneficiary’s current status valid while waiting. If using Change of Status (COS), don’t travel internationally until after approval (to avoid abandonment issues).
- Fee Compliance: For new foreign filings, ensure the $100K fee is paid if required. Failure to pay or pay correctly can cause denial.
In short, a strong petition and careful filing strategy prevent many denials. Engage immigration counsel if possible to double-check everything. As one attorney phrased it, getting past the lottery is chance, but avoiding denial is about preparation.
H-1B Portability (Changing Employers)
The AC21 portability rule lets H-1B holders start new jobs under certain conditions. If a beneficiary is already in valid H-1B status and a new employer files a cap-exempt H-1B petition on their behalf (with proper LCA) before the old status expires, the employee can begin working for the new employer upon USCIS receipt of the petition, even before approval.
Key points:
- The new employer must file a non-frivolous I-129 with a valid LCA.
- The petition must be filed before the worker’s current H-1B expiration date.
- Once filed, the employee can immediately start the new job under H-1B status (they can travel and re-enter based on the old visa stamp, but work under new I-129).
This portability provision is intended “to preserve the legal status” of an H-1B worker when changing jobs. Always confirm receipt of the new petition before resigning from the old job. If the new petition is ultimately denied, there are implications, so lawyers often advise maintaining the old job until the new petition is approved.
Change of Status vs. Consular Processing
When filing an H-1B petition, the employer can choose Change of Status (COS) or Consular Processing:
- Change of Status (COS): Used if the beneficiary is already in the U.S. on a different status (e.g. F-1 student, L-1). The H-1B petition requests to change status without leaving. If approved, the person’s status automatically becomes H-1B on Oct 1 (for cap cases). No visa stamp is issued, and the person stays in-country. Note: USCIS has confirmed that the new $100K fee does not apply to COS cases filed from within the U.S. After a COS approval, the worker cannot begin working until Oct 1 (the H-1B start date), even if approved early.
- Consular Processing: Used if the beneficiary is outside the U.S., or if the employer prefers it. In this case, the petition is approved with a consular notification. The person then must get an H-1B visa stamp at a U.S. consulate abroad before entering or re-entering the U.S. as H-1B.
The choice depends on circumstances. COS avoids the initial travel, but if the person later travels, they must still do stamping. Consular processing requires travel (and payment of the $100K fee if abroad). Gozel Law notes that if filing COS, the applicant can “wait to apply for an H-1B visa at a consulate until travel is needed”. In practice, COS is popular for F-1 students transitioning to H-1B, since they can remain in the U.S. continuously and avoid paying the overseas fee.
H-4 Visa (Spouses & Children)
H-4 is the dependent visa category for H-1B families. Who qualifies? The H-1B visa holder’s spouse and unmarried children under 21 are eligible for H-4 status. Children become H-4 via an H-4 visa stamp if they are abroad, or a COS change if already in the U.S. on another status.
H-4 holders can study in the U.S., but by default cannot work. As Gozel Law explains, “By default, H-4 status does not allow the spouse to work”. H-4 spouses must file for their own work permit (see next section) if they wish to work.
Getting an H-4 visa/stamp involves similar steps as H-1B: file Form I-539 (if changing status) or apply at a consulate. The USCIS fee for H-4 COS is typically $370, plus $85 biometric (as of 2025). There is no lottery or cap for H-4 visas – they depend solely on the H-1B principal’s status.
H-4 Spouse Employment (H-4 EAD)
Under current rules, an H-4 spouse may work if certain conditions are met. Gozel Law highlights that an H-4 spouse becomes eligible for an Employment Authorization Document (EAD) in two main scenarios:
- I-140 Approved: The H-1B principal has an approved I-140 immigrant petition (meaning a green card process is underway).
- Extension Beyond 6 Years: The H-1B worker has extended H-1B time under AC21 due to a pending/permanent labor cert or I-140 (e.g. already past the 6-year limit).
If one of these conditions is satisfied, the H-4 spouse can file Form I-765 to get an EAD. Once approved, the spouse can work for any U.S. employer (no restriction on type of job). This flexibility can be crucial for families. It’s important to apply early, as USCIS processing times can be several months.
Example: Gozel’s blog states, “the H-4 spouse may be eligible for an EAD in either of two situations related to the H-1B worker”, namely when a green card process is underway. In practice, many H-4 spouses with H-1B partners in long green-card queues rely on the H-4 EAD.
Recent news: A 2025 rule change removed automatic EAD extensions (for renewals filed on/after Oct 30, 2025, USCIS no longer grants 180-day auto-extensions). This affects timely renewals, so H-4 spouses should file I-765 well before expiry. (See USCIS updates on EAD extensions.)
Green Card Pathways from H-1B
For many, H-1B is a stepping stone to U.S. permanent residency (green card). The typical process is employment-based and involves three stages:
- PERM Labor Certification: The employer must file a PERM application with DOL, demonstrating no qualified U.S. workers are available. This certifies the job and wage.
- I-140 Petition: Once PERM is approved, the employer files Form I-140 (Immigrant Petition) for the worker, placing them in a preference category (EB-2 or EB-3 are common). An approved I-140 establishes an immigrant visa priority date.
- Adjustment/Consular Processing: When the worker’s priority date becomes current (per the Visa Bulletin), they file Form I-485 (Adjustment of Status) if in the U.S., or go through consular processing if abroad, to actually get the green card.
As Gozel Law describes, these steps form the foundation of AC21 protections. Under AC21, if the PERM or I-140 is pending (180+ days after filing), the H-1B holder can get extensions beyond 6 years. In fact, AC21 specifically allows one-year H-1B extensions if a green card case is pending past year 6, and three-year extensions if the I-140 is approved but cannot be filed to adjust due to backlogs. This ensures H-1B workers are not forced out of status while waiting for a visa number.
Visa categories: EB-2 (advanced degree or exceptional ability) and EB-3 (bachelor’s degree workers) are the main categories for H-1B professionals. EB-1 (for extraordinary ability) and EB-3 (skilled workers) may also apply, but EB-2 is common for STEM roles. Country-specific backlog can affect timing; for example, Indian nationals often face long waits.
In short, early planning is key. Employers should file PERM/I-140 as soon as practical (usually by the H-1B’s first or second year) so that the worker can secure AC21 extensions if needed.
Alternatives to the H-1B Visa
Given the lottery chance, consider these other U.S. work visas as backups or alternatives:
- L-1 Visa (Intracompany Transfer): For employees of multinational companies being transferred to the U.S. affiliate. Requires at least 1 year of work abroad for the company. No cap.
- O-1 Visa (Extraordinary Ability): For individuals with extraordinary achievement in sciences, arts, education, business, or athletics. Also cap-exempt, but requires extensive evidence of acclaim.
- TN Visa (NAFTA/USMCA): For Canadian/Mexican citizens in certain professions (engineers, scientists, etc.). Quick processing at border/consulate; no quota.
- E-3 Visa: Exclusively for Australian nationals in specialty occupations, up to 10,500 per year. Works much like H-1B but separate quota.
- F-1 OPT/STEM OPT: For international students with an F-1 visa, can work up to 12 months (plus 24-month STEM extension) after graduation, which may allow re-entering H-1B lottery or switching to H-1B later.
- Green Card Directly: If eligible (EB-1, EB-2 NIW, EB-5, etc.), one could apply for a green card without H-1B. For example, EB-2 NIW for exceptional professionals or EB-1A for outstanding researchers.
These options have different requirements but avoid the H-1B cap. Employers and applicants should evaluate whether any fit their profile. For instance, Fischer Phillips notes that employers often prepare “short-term, long-term, and lesser-known alternatives” in case the H-1B lottery fails.
H-1B Visa Stamping & Interview Overview
After USCIS approves an H-1B petition (consular processing) or if changing status, the worker usually needs a visa stamp to enter the U.S. An H-1B visa stamp is placed in the passport by a U.S. Embassy/Consulate abroad. Key steps for stamping: completing Form DS-160, scheduling a visa interview, and gathering required documents.
- DS-160: Complete the online DS-160 form and print the confirmation page.
- Appointment: Pay the MRV fee (typically ~$190) and schedule an appointment at a U.S. Embassy or Consulate in the beneficiary’s country (or a third country if allowed). Wait times vary by location – check the local US visa site.
- Documents: Bring the H-1B petition approval (Form I-797), the LCA, passport, DS-160 confirmation, employment letter, diplomas, pay stubs, and any other proof of ties/employment. A complete checklist ensures nothing is missing.
Each consulate has specific instructions, but generally you should carry: passport, visa fee receipt, I-797, LCA, letter from employer, degree certificates, and W-2/pay stubs. Manifest Law advises that careful preparation (docs, DS-160, interview) is crucial because delays or mistakes can affect your work start date. A well-prepared applicant typically only needs a brief interview; most routine H-1B cases are approved if paperwork is in order.
IMPORTANT: As of late 2025, a U.S. pilot program for domestic visa renewal has ended. That means H-1B holders must now obtain visa stamps at consulates abroad again. Also note that starting Dec 15, 2025, the State Department requires online social media screening for all H-1B and H-4 applicants. Applicants should ensure their social media is public and contain no red flags (and possibly clean up any content) before the visa interview.
H-1B Visa Stamping in India
India issues thousands of H-1B visas each year. Common practices: schedule early (US Embassies often advise applying several months before your intended travel date due to high demand). Typical required documents include the ones above, plus:
- Employment letter: Explaining the job and confirming the offer.
- Pay stubs and tax documents: For current or previous H-1B holders.
- Educational certificates: With foreign degree evaluations if needed.
Recent updates: the U.S. Embassy in India has warned of increased security checks and vetting for H-1B/H-4 applicants. In late 2025, India was included in the expanded online vetting requirement, so applicants should factor in possible longer processing. The visa stamping fee (MRV) is about $190 (no reciprocity fee for Indians). Typically, the earliest available appointment can be weeks away, so apply as soon as you have I-797.
If a visa interview is waived (rare for first-time H-1B), some posts allow dropbox if eligible. However, first-time applicants generally must attend an interview. After stamping, traveling back to the U.S. requires carrying the H-1B documents (I-797, etc.) to show CBP officers at entry.
H-1B Visa Stamping in the UK
U.S. consulates in the UK (London and Belfast) process H-1B visas for UK residents and eligible third-country nationals. The process is similar: DS-160, MRV fee (~$190), and schedule an interview via the UK visa website. Required documents are the same (I-797, LCA, etc.). Appointments in London can be booked relatively quickly, but check ustraveldocs.co.uk for current waits.
Note: Neither country of residence nor nationality limits stamping in the UK; many applicants (even Indians, Chinese, etc.) use London or Belfast by residency or eligibility. Processing times in London/UK consulates tend to be moderate, and refusal rates are low if all paperwork is in order. Required documents include those listed in general, plus:
- Proof of UK residency: e.g. UK resident permit, etc.
- Copy of employment contract or offer.
No specific new rules apply differently in the UK; just ensure consistency between the petition and what is presented at the consulate.
H-1B Visa Stamping in the United States (Domestic Renewal Pilot)
Until 2025, the Department of State ran a limited domestic visa renewal pilot allowing some H-1B holders to renew their visa stamps without leaving the U.S. This pilot (launched Jan 2024) allowed in-country renewal for those whose most recent H-1B visa was issued in India or Canada. It was capped at 20,000 slots through mid-2025.
However, that pilot has ended. Currently (since late 2025) you generally cannot get an H-1B visa stamp inside the U.S. The usual rule is: you must travel to a consulate abroad to get the visa stamp. Manifest Law confirms, “Currently, you can’t get your H-1B visa stamped inside the U.S. … the domestic revalidation program has ended”.
So, U.S.-based H-1B holders must plan international travel for visa renewal or first-time stamping. If abroad, follow the stamping procedures of that country. If renewing soon, schedule a consular appointment before your current visa expires. Domestic I-539 COS H-4 work is unaffected, but visa stamps require consulates.
H-1B Visa Stamping in Australia
U.S. consulates in Sydney, Melbourne, and Perth handle H-1B stamping for Australians (and some neighboring countries). The process is comparable to other posts. Steps:
- DS-160 + MRV fee (currently AUD ~$180).
- Schedule at ustraveldocs.com/au.
- Document list: same essentials (I-797, LCA, passport, employment letter, diplomas).
Australia sometimes offers an interview waiver (mail-in process) for repeat applicants. For example, some previous H-1B holders qualify to renew by mail. However, first-time H-1B applicants generally need an in-person interview.
Australia-specific tip: Be ready to show strong ties if questioned (e.g. property, family or job in Australia), although H-1B cases usually focus on the U.S. employment. Also note that the social media vetting requirement (since Dec 2025) applies globally, so Australian consulates will also screen applicants’ online presence.
Summary: Each consulate (India/UK/Australia) has its own system for scheduling and procedures, but all require the core documents. Applicants should check the local U.S. embassy website for up-to-date guidance. In all cases, plan well in advance – U.S. visa slots can fill up, and post-interview administrative processing may add weeks.
Tools, Calculators & Checklists
To streamline planning, use practical tools and templates:
- H-1B Fee Calculator: Tools (like USCIS fee calculator pages or law firm online tools) can sum up total costs for your petition, including optional fees.
- Prevailing Wage Tools: DOL’s Foreign Labor Certification Data Center provides prevailing wage calculators to help determine the correct wage level for the LCA.
- Timeline Checklist: Create a timeline chart: (1) Mar: register for lottery; (2) Apr–Jun: file petition if selected; (3) Apr–Aug: USCIS processing; (4) Aug–Sept: plan stamping/transfer; (5) Oct 1: H-1B status begins.
- Document Checklist: Maintain a checklist of required documents for each stage (registration, petition, consular interview). For example, petition packets should include the I-797, LCA, employer letter, educational documents, etc. Interview packets should include DS-160 confirmation, receipts, I-797, LCA, passport, job letter, etc.
Copyable Templates: Many resources (immigration blogs) provide RFE response templates or sample cover letters. While every case is unique, you can adapt sample RFE cover letters to address USCIS’s points methodically. For example, if you get an RFE on specialty occupation, you can use bullet points to clarify how the job duties meet the criterion.
Most importantly, keep digital and printed copies of every filing and correspondence. Use calendaring to track deadlines. These practical steps reduce errors and help ensure you don’t miss any step in this multi-stage process.
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Frequently Asked Questions — H1B Visa (2026)
Short, clear answers to the most common questions applicants and sponsors ask about the H-1B process (2026 changes included).
How do I apply for an H-1B visa?
What new rules affect H-1B in 2026?
Can my H-4 spouse work in the U.S.?
What documents are needed for H-1B stamping?
What is H-1B portability?
How can I reduce the risk of H-1B denial?
What’s the timeline after petition approval?
Can I stay in the U.S. while waiting for my green card application?
What if I’m not selected in the H-1B lottery?
Who pays the H-1B fees?
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