The H-1B Sponsorship Process Explained
For international tech workers in the US, the H-1B visa remains the primary work authorization pathway. Understanding how employer sponsorship works helps you navigate the process and make informed career decisions.
Timeline Overview
| Stage | Timing | What Happens |
|---|---|---|
| Job Offer | Any time | Employer agrees to sponsor |
| LCA Filing | 1-2 weeks before | Dept of Labor wage approval |
| H-1B Registration | March | Lottery registration period |
| Lottery Results | Late March | Selection notification |
| Petition Filing | April-June | Full I-129 petition |
| Approval | 3-6 months | Or 15 days with premium |
| Start Date | October 1 | Earliest employment start |
What Employers Must Do
- File a Labor Condition Application (LCA) — Certify they will pay prevailing wage
- Register for the lottery — Pay $215 registration fee per beneficiary
- File the petition — Submit I-129 with supporting documentation
- Pay filing fees — $1,710 base + potential additional fees
What You Should Know
Lottery odds: With ~400,000+ registrations for ~85,000 slots, selection rates hover around 20-25%.
Cap-exempt employers: Universities, research institutions, and affiliated nonprofits are exempt from the lottery.
Dual intent: Unlike many visa categories, H-1B allows you to pursue permanent residency (green card) simultaneously.
Portability: Once your H-1B is approved, you can transfer to a new employer without going through the lottery again.
Choosing the Right Immigration Attorney
While your employer typically handles the H-1B process, having your own immigration attorney review the petition can protect your interests. Key factors to consider:
- Experience with H-1B petitions in your industry
- Understanding of specialty occupation requirements
- Track record with RFE (Request for Evidence) responses
- Clear fee structure and communication style
Directories like AttorneyScope let you compare immigration lawyers by city and practice area, with verified reviews and success rate data.
Common Pitfalls
- Waiting too long: The March registration window is strict
- Insufficient specialty occupation evidence: Job duties must clearly require the specific degree
- Wage level issues: Filing at Level 1 wages faces increased scrutiny
- Missing the 60-day grace period: If you lose H-1B status, the clock starts immediately
This article is for informational purposes only and does not constitute legal advice. For personalized guidance, consult a qualified immigration attorney. Find one at attorneyscope.com.
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