2025–2026 H‑1B Guide: Step-by-Step from Registration to Approval

By Max / October 4, 2025

Navigating the H‑1B visa process has become more complex with new rules, higher fees, and the beneficiary‑centric lottery system. This guide breaks down each stage, from registration to post-approval steps, so employers and applicants can stay organized, compliant, and competitive.

What is the H‑1B Visa?

The H‑1B visa allows companies to employ foreign professionals in specialized roles that demand a bachelor’s degree or equivalent qualifications in a specific field. Most private-sector employers are subject to an annual numerical cap, while certain nonprofits, research institutions, and higher education entities can file cap-exempt petitions year-round.

Key Updates for 2025–2026

Registration Fee Increase: The electronic cap registration fee per beneficiary rose from $10 to $215 for FY2026.
Beneficiary-Centric Lottery: Each worker is entered only once, even if multiple employers register them, reducing duplicate entries.
New USCIS Fees: Effective April 1, 2024, the H‑1B base fee increased, and most employers now pay an Asylum Program Fee.

Step-by-Step H‑1B Process

Step 1: Confirm Eligibility

Ensure the job qualifies as a “specialty occupation.”
Verify that the candidate meets degree or equivalency requirements.
For cap-exempt petitions, confirm the organization qualifies (e.g., nonprofit research or higher education).

Step 2: Cap Registration (for cap-subject cases)

Submit electronic registration for each beneficiary during the USCIS March window.
Only one registration per worker is allowed under the beneficiary-centric system.
Registration requires employer and employee details, attestations, and the $215 fee.
USCIS runs a lottery and notifies employers of selected beneficiaries.

Step 3: Labor Condition Application (LCA)

Obtain a certified ETA‑9035 LCA from the Department of Labor.
The LCA confirms the employer will pay the required wage and maintain proper working conditions.
Post notices internally or at the worksite and keep a public access file.

Step 4: Assemble the Petition (Form I‑129)

Include the certified LCA, detailed job description, support letter, and evidence of qualifications.
Map job duties directly to the degree field to strengthen the specialty occupation argument.
Include degree equivalency evaluations if needed.

Step 5: Calculate and Pay Fees

Fees vary by employer size and situation:

I‑129 Base Fee: ~$780 for most employers.
ACWIA Training Fee: $1,500 for large employers; $750 for smaller firms.
Fraud Prevention Fee: $500 for new employment or change of employer.
Asylum Program Fee: $600 standard; $300 for small employers; cap-exempt petitions usually exempt.
Public Law 114‑113 Fee: $4,000 for certain large employers with many H‑1B workers.
Premium Processing (Optional): $2,805 for expedited 15-day processing.

Note: The $215 electronic registration fee is separate and only applies during the lottery phase.

Step 6: File the Petition

Submit the complete packet within the USCIS filing window.
Missed deadlines generally result in forfeiting the lottery selection.

Step 7: USCIS Processing

USCIS issues receipts and may request additional evidence (RFE).
Upon approval, U.S. candidates changing status receive an I‑94; overseas beneficiaries proceed to consular processing.

Step 8: Consular Processing (Outside U.S.)

Complete DS‑160, pay the MRV fee, and attend a visa interview.
Present the USCIS approval, employer letter, and supporting documents.
Entry allowed up to 10 days before the start date.

Step 9: Cap-Gap for F‑1 Students

F‑1 students on OPT/STEM OPT with timely H‑1B filings may receive “cap-gap” authorization through September 30.
Coordinate with the DSO to update the I‑20 for cap-gap coverage.

Post-Approval Compliance

Maintain Public Access Files and pay required wages.
Update LCAs and petitions for changes in location, job duties, or employer.
Keep accurate I‑9 and employment records.
Use portability rules (AC21) to start work with a new employer after filing a new I‑129.

Common Pitfalls to Avoid

Weak degree-to-job mapping: Ensure the role clearly requires the degree field.
Fee errors: Double-check all fee components to prevent rejections.
Duplicate registrations: Audit registrations to comply with the beneficiary-centric system.
Incomplete petitions: Ensure all supporting documentation is accurate and included.