How to Sponsor an H-1B Worker: A Guide for US Employers

The H-1B fits when the job is a specialty occupation: it normally requires at least a bachelor's degree in a specific field, and your candidate has that degree (or a foreign equivalent, or qualifying experience). Common examples are software engineers, data scientists, accountants, engineers, architects, financial analysts, physicians, pharmacists, and teachers.

It is usually the wrong tool when:

• The job does not need a specific degree. Roles any graduate could fill often get denied.
• You cannot wait. Cap-subject workers start no earlier than October 1, and only if selected in March.
• A faster route exists. Canadian and Mexican citizens may qualify for TN status. Multinationals can transfer staff with the L-1. Top performers may fit the O-1. Australians have the E-3, and Chileans and Singaporeans the H-1B1.

Cap-exempt employers skip the lottery and can file any time of year: institutions of higher education, their related or affiliated nonprofit entities, nonprofit research organizations, and government research organizations. Workers who already hold cap-subject H-1B status usually do not re-enter the lottery when they change employers.

Want to see which companies already sponsor in your field? Browse our H-1B sponsor database.

If the worker will be placed at a client site, your petition must show who controls the work and give an itinerary. Third-party placement cases draw more requests for evidence.

The worker cannot be a national of one of the 19 countries fully covered by the travel ban if they need a visa from abroad; those nationals cannot get H-1B visas since January 1, 2026.

A final rule published December 29, 2025 took effect on February 27, 2026. It was first used for fiscal year (FY) 2027 registrations in March 2026. Each registration gets entries based on the Department of Labor (DOL) wage level of the offered salary for that occupation and area:

Selection is by unique worker, so several employers registering the same person does not raise that person's odds. What this means for you:

• Entry-level hires have lower odds. New graduates offered a Level I wage get one entry.
• Pick the wage level honestly. The level on the registration must match the job you later describe in the LCA and petition. Inflating the level to win the lottery and then filing at a lower level is a red flag.
• Budget for a Level II or higher wage if the role justifies it, because it roughly doubles or more the chance of selection.

Read the full mechanics in our H-1B lottery guide.

A separate DOL proposal published March 26, 2026 would raise prevailing wage levels for H-1B and PERM. It had not been finalized as of mid-August 2026. Check DOL's announcements before you set salaries for next season.

USCIS fees as of September 2026, from the USCIS fee schedule (G-1055, edition 09/09/26). "Small employer" means 25 or fewer full-time-equivalent employees.

Example, new cap-subject hire, no premium processing: a 200-person company filing online pays $215 + $730 + $600 + $1,500 + $500 = $3,545 in USCIS fees. A 20-person company pays $215 + $460 + $300 + $750 + $500 = $2,225. Attorney fees are extra. Model your own numbers with our sponsorship cost estimator.

Who may pay what: the ACWIA fee can never be passed to the worker, and DOL treats petition and legal costs as your business expense when charging them would cut pay below the required wage. Most employers pay all sponsorship costs.

A presidential proclamation signed September 19, 2025 requires a $100,000 payment for certain new H-1B petitions, mainly for workers outside the United States without a valid H-1B visa. As of September 22, 2026:

• On June 8, 2026, a federal court in Massachusetts vacated the implementing guidance, and on July 24, 2026 the First Circuit refused to pause that ruling. USCIS is not collecting the payment.
• A separate federal court in Washington, DC upheld the fee in December 2025; that case is on appeal.
• A new proclamation on September 18, 2026 extended the policy to September 21, 2027. It is still not being collected because of the court order.
• DHS has said it will collect the payment if the order is lifted.

The USCIS fee schedule PDF still lists the $100,000 item, but USCIS's H-1B page says collection is halted. Before you file for a worker abroad, check our H-1B $100k fee status page and ask counsel.

The LCA (Form ETA-9035/9035E) is a set of promises to DOL. Once certified, you must:

• Pay the required wage from the start date: the higher of the actual wage or the prevailing wage, including during nonproductive time caused by you (no "benching").
• Offer the same benefits you offer US workers on the same basis.
• Post notice of the LCA for 10 business days at the worksite (in two places) or electronically, generally in the 30 days before you file it.
• Keep a public access file available within one working day after filing the LCA. It holds the certified LCA, the wage rate, how you set the actual wage, the prevailing wage source, a benefits summary, and proof of notice.
• File an amended petition before material changes, such as moving the worker to a new area outside the LCA's metro area.
• Pay return transportation if you end the job before the approved end date, and withdraw the petition with USCIS.
• Complete Form I-9 for every H-1B worker. See I-9 and E-Verify for employers.

H-1B-dependent employers (a high share of H-1B staff) and willful violators make extra non-displacement and recruitment attestations. DOL's Wage and Hour Division investigates complaints, and USCIS runs site visits. Back wages, fines, and debarment are possible.

Cap-exempt petitions and transfers of existing H-1B workers can be filed any time. A transferring worker can usually start once you file (H-1B portability). Check current I-129 times on the USCIS processing times tool.

• Registering at a wage level the job does not support. The LCA and petition must match.
• Job descriptions that don't require a specific degree. "Bachelor's in any field" invites a denial.
• Missing the filing window after selection, or filing with an uncertified LCA.
• Not tracking worksite changes for remote and hybrid staff. A new home address in a different metro area can require a new LCA and an amended petition.
• Charging the worker the ACWIA fee or deducting sponsorship costs from pay.
• Forgetting the green card clock. H-1B has a 6-year limit. Start PERM early if you want to keep the worker longer.
• Ignoring students' cap-gap and OPT dates. See cap-gap.