A step-by-step employer guide to hiring and sponsoring foreign workers through the H-1B visa program.
Sponsoring an H-1B employee is one of the most effective ways to hire top global talent. While the process involves multiple government agencies and strict timelines, thousands of U.S. employers — from startups to Fortune 500 companies — successfully sponsor H-1B workers every year. This guide walks you through each step so you know exactly what to expect.
H-1B visas are reserved for "specialty occupations" — roles that require at least a bachelor's degree in a specific field. Common qualifying roles include software engineers, data scientists, financial analysts, architects, and research scientists. The job duties, not just the title, must demonstrate that specialized knowledge is required.
Before filing, you must obtain a prevailing wage determination (PWD) from the Department of Labor (DOL). The prevailing wage is based on the job's SOC code, geographic location, and experience level (Levels 1–4). You can look up prevailing wages using the DOL's Online Wage Library or request a formal determination from the National Prevailing Wage Center, which takes 6–8 months.
The LCA is filed electronically through the DOL's FLAG system. It attests that you will pay the higher of the prevailing wage or the actual wage, that hiring the H-1B worker will not adversely affect working conditions of similarly employed workers, and that there is no strike or lockout at the worksite. LCA approval typically takes 7–10 business days.
With an approved LCA, file Form I-129 (Petition for Nonimmigrant Worker) with USCIS. For cap-subject petitions, you must first register during the annual registration period (typically March) and be selected in the lottery. Cap-exempt employers — universities, nonprofits affiliated with universities, and government research organizations — can file at any time.
Standard processing takes 3–6 months. Premium processing (Form I-907) guarantees a response within 15 business days for an additional $2,805 fee. USCIS may approve, deny, or issue a Request for Evidence (RFE). Common RFEs relate to the specialty occupation requirement or the beneficiary's qualifications.
Once approved, the employee can begin work on the petition's start date (October 1 for cap-subject cases). If the employee is abroad, they must obtain an H-1B visa stamp at a U.S. consulate before entering the country. Employees already in the U.S. on another valid status may begin work upon approval of a change of status.
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Search H-1B Sponsors on Wisa →The full process typically takes 4–8 months. The LCA takes 7–10 business days, and USCIS adjudication takes 3–6 months with regular processing or 15 business days with premium processing. Cap-subject petitions must follow the annual registration timeline starting in March.
The employer must pay the base filing fee, the ACWIA training fee, the fraud detection fee, and attorney fees. The employee may pay the premium processing fee if they choose to upgrade. Employers cannot require the employee to reimburse the base petition costs.
Yes. If the worker is in valid immigration status (such as F-1 OPT, L-1, or another H-1B), you can file a new H-1B petition. Workers being transferred from another H-1B employer are cap-exempt and can start working as soon as the new petition is filed.
If denied, the worker cannot begin or continue employment in H-1B status with your company. You can file a motion to reopen or reconsider, or file a new petition addressing the denial reasons. Consulting with an experienced immigration attorney before refiling is strongly recommended.