H-1B Specialty Occupation

Evaluate beneficiary qualification-job match, employer eligibility, and wage level vs. Prevailing Wage. Determine cap-subject vs. cap-exempt status. Set strategy (regular vs. premium, backup plans).

1-3 days

Note: If employer is affiliated with a university, nonprofit research org, or government research entity, may be cap-exempt.

File LCA online via DOL FLAG system. Confirm wage level (Level I-IV) ≥ Prevailing Wage. Enter worksite, SOC Code, wage info. LCA typically certified in 5-7 business days.

5-7 business days

LCA worksite must be precise to MSA/county. Multiple worksites require multiple LCAs.

Register online with USCIS each March. Pay $215 registration fee. Wait for lottery results (typically announced late March). If selected, receive filing window (usually April 1 - June 30).

Register early March, results late March

If not selected in first round, there may be second or third draws. Monitor USCIS announcements.

Define the H-1B position including: detailed Job Description, minimum education requirements (must be Bachelor's+), salary (must be ≥ Prevailing Wage). Engage immigration attorney to start process.

Job description must truthfully reflect actual duties. Do not fabricate or exaggerate requirements for H-1B purposes.

Provide to attorney: articles of incorporation, EIN, most recent tax returns (ability to pay), org chart, annual report or financials, employee roster (to determine ACWIA fee level).

Company authorized signatory (typically HR Director or CEO) signs Support Letter covering: company background, position description, why position requires specialty occupation, why beneficiary is qualified, salary and working conditions.

Support Letter is the core petition document. Attorney typically drafts for employer review and revision.

Provide to attorney: passport bio page copy, all diplomas and transcripts, credential evaluation report (WES/ECE if non-US degree), Resume/CV, all prior I-797 Approval Notices, I-94 records.

Complete personal information questionnaire via attorney's Portal: personal details, educational background (all degrees), work history, current immigration status, dependent info. Ensure all information is accurate.

All info must exactly match passport and degree certificates. Any inconsistency may trigger RFE.

If degree is not from a US institution, credential evaluation is required: WES or ECE. 3-year degrees may need expert opinion to establish US Bachelor's equivalency.

2-4 weeks (WES standard process)

After selection, prepare complete petition package: I-129 form (with H-1B Data Collection Supplement), Support Letter (from employer), beneficiary credentials, employer corporate documents. Draft Cover Letter arguing specialty occupation + beneficiary qualifications.

1-2 weeks

Key arguments: (1) position qualifies as specialty occupation (2) beneficiary holds relevant degree + specialized knowledge.

File with USCIS Service Center within the filing window (mail or e-file). Include all supporting documents and fee checks. If Premium Processing selected, include I-907 + $2,965 fee.

1-2 weeks after filing to receive Receipt Notice

If RFE received, analyze USCIS concerns, gather supplemental evidence, respond before 84-day deadline. Common RFE issues: insufficient specialty occupation argument, wage level challenges, employer-employee relationship.

ASAP after receipt, max 84 days

RFE response quality directly determines case outcome. Start preparing immediately upon receipt, don't wait until near deadline.

After LCA certification, employer has legal obligations: (1) Post LCA notice at worksite for 10 consecutive business days; (2) Establish and maintain Public Access File; (3) Pay actual wage ≥ prevailing wage on LCA.

LCA violations may result in fines, H-1B quota debarment, or even criminal penalties.

Review and sign I-129 form (employer is Petitioner). Pay government fees (typically employer pays; ACWIA fee legally required to be paid by employer). Sign G-28 (attorney authorization).

Note: ACWIA fee ($750 or $1,500) and Fraud Prevention fee ($500) cannot legally be passed to the employee.

After Approval Notice: confirm employee start date, complete I-9 form (Employment Eligibility Verification), coordinate visa stamping/entry timeline if needed.

After attorney completes Petition, carefully review all personal information in documents (name spelling, dates, addresses, etc.). Immediately notify attorney of any errors. Sign documents requiring your signature.

Wait for USCIS decision after filing. If RFE received, provide supplemental documents per attorney's instructions ASAP. Premium Processing typically 15 business days; regular processing may take 3-6 months.

After approval, depending on your situation: (A) If in US with valid status → status automatically changes to H-1B (effective October 1); (B) If abroad → need visa stamping at US Consulate before entry.

Schedule consular appointment in advance. Bring Approval Notice (I-797), passport, DS-160 confirmation, photos, etc.

After receiving I-797 Approval Notice: notify employer and beneficiary, assist with visa stamping (if abroad) or status change (if in US), confirm start date, archive case files.

1-2 weeks post-approval to complete follow-up