H-1B Visa: Employers & Professionals

A Shared Path to Innovation & Growth

The H-1B visa is a partnership. For Employers, it is a vital tool to access global talent in fields where U.S. workers are scarce. For Foreign Professionals, it is the primary gateway to building a career and life in the United States.

⚠️ 2026 CAP SEASON: What Both Parties Must Know

For Employers: New Costs

Budgeting is critical. In addition to the standard fees, employers must now pay a $600 Asylum Program Fee per petition. (Reduced to $300 for small businesses with ≤25 employees).

For Professionals: One Chance

The “Beneficiary-Centric” lottery is in full effect. You get only one entry in the lottery based on your passport, even if five different companies want to hire you. This eliminates the advantage of multiple job offers.

For Employers: Responsibilities & Liabilities

Sponsoring an H-1B worker creates a legal relationship with the U.S. government. Key obligations include:

1. Prevailing Wage (LCA)

You must attest to the Department of Labor (DOL) that you will pay the H-1B worker at least the “Prevailing Wage” for the occupation in your geographic area. This prevents undercutting U.S. wages.

2. No “Benching”

This is critical. You must pay the H-1B worker their full salary even if you do not have work for them (“benching”). Unpaid leave is only allowed for personal reasons requested by the employee, not for lack of business.

3. Paying Fees

By law, the employer MUST pay the ACWIA (Training), Fraud, and Asylum fees. It is illegal to deduct these from the employee’s salary.

For Professionals: Qualifications & Rights

To qualify, you must possess theoretical and practical application of highly specialized knowledge.

1. Education Requirement

You must hold a U.S. Bachelor’s degree or higher (or a foreign equivalent) in the specific specialty required by the occupation.

*No degree? 12 years of progressive work experience may substitute (3-for-1 rule).

2. Job Portability (AC21)

You are not tied to one employer forever. Under AC21, you can change jobs as soon as a new employer files a transfer petition. You do not need to wait for approval to start working.

3. Dual Intent

H-1B allows “Dual Intent.” You can legally work temporarily while simultaneously pursuing a Green Card (via PERM/I-140) without risking your visa status.

The H-1B Roadmap (FY 2027)

MAR
Electronic Registration

Employer submits basic info about the company and the professional to USCIS ($215 fee). The lottery is conducted at the end of March.

APR
Filing Window Opens

If selected, the employer has 90 days to file the full petition. First step: File LCA with the Department of Labor (7 days processing).

JUN
Adjudication

USCIS reviews the petition. Premium Processing ($2,805) gets a result in 15 business days. Otherwise, standard processing takes 2-4 months.

OCT
Start Date (Oct 1st)

Approved beneficiaries can start working in H-1B status.
*F-1 students on “Cap-Gap” automatically transition on this day.

Employers: Plan Ahead

H-1B rules are strict. Wang Law PLLC ensures your LCA and Petition are audit-proof.