The H-1B in three sentences
The H-1B is the most common work visa for skilled foreign hires in the United States. It runs on an annual cap of 85,000 visas and uses a lottery for selection — registration opens in March each year for an October 1 start. For employers, this means timing matters more than effort: missing the March window costs you a full year of the candidate’s runway.
What we handle
A complete H-1B engagement from our side covers:
- Strategy call with HR + the candidate to confirm fit and timeline
- Registration filed in March (low cost, high stakes — must be timely)
- LCA preparation and filing with the DOL once selected
- Petition assembly with full evidence package
- Premium processing filing when 15-day decisions are required
- RFE response if USCIS requests additional evidence
- Consular handoff including embassy strategy and post-approval visa stamping
Your HR team has a single point of contact throughout. No hourly billing — flat fees disclosed in the strategy call.
The lottery, in plain numbers
Recent cycle: ~470,000 registrations for ~85,000 spots. That’s a selection rate of roughly 18%.
For employers planning headcount, this means:
- You should register every viable candidate — registration costs are low ($215 each) compared to losing a hire.
- Your hiring plan needs a backup. We always run a parallel O-1A or L-1 evaluation for senior candidates so you’re not single-tracked.
- Cap-exempt routes exist for nonprofits, universities, and qualifying research entities. Most for-profit startups don’t qualify directly, but concurrent employment with a cap-exempt sponsor is a real workaround.
Required prerequisites
Before we file, confirm:
- Specialty occupation match — the role must require a bachelor’s in a specific field (engineering, computer science, etc.) as the minimum
- Beneficiary credentials — the candidate’s degree must align with the role
- Prevailing wage compliance — the offered salary must meet or exceed DOL Level 1-4 wage for the location
- Genuine employer-employee relationship — particularly important for consulting and remote roles
- Public access file ready — LCA-related documents that must be available to employees
Cost breakdown (per case)
| Component | Amount |
|---|---|
| USCIS petition fee | $780 |
| Anti-fraud fee | $500 |
| ACWIA fee (training) | $750 (under 25 employees) or $1,500 (25+) |
| Asylum program fee | $600 |
| Premium processing (optional) | $2,805 |
| Total government fees per case | $2,630 – $5,435 |
Use the calculator below to model multiple cases.
What can go wrong
- Job description too generic → trigger Request for Evidence on specialty occupation
- Wage filed at wrong level → likely RFE or denial
- Late registration → wait an entire year
- No backup plan when not selected → lose the candidate to a competitor with one
- Inadequate documentation of degree relevance → RFE delays decision
We screen for all of these before filing.
Recommended timeline
| Month | Action |
|---|---|
| Sept-Oct (year prior) | Identify candidates, confirm fit, run parallel O-1A/L-1 evaluation if applicable |
| Nov-Feb | Gather documentation (degrees, evaluations, role descriptions) |
| March | Register lottery (deadline late March) |
| April | If selected: prepare and file full petition |
| Aug-Sept | Decision (or 15-day premium decision) |
| Oct 1 | H-1B status begins |
What happens if not selected
Three options, in order of impact:
- Re-register the next March. If the candidate is on F-1 OPT, they likely have runway.
- Concurrent employment with a cap-exempt sponsor (university partnership) for the H-1B + part-time work for you.
- Switch tracks to O-1A if the candidate has the proof points (papers, OSS adoption, conference talks, awards, notable employers).