H-1B Visa Process: A Step-by-Step Guide for 2025
If you're planning to work in the U.S. under the H-1B visa or you're an employer hoping to hire a foreign worker, understanding the H-1B visa process is key.
The steps can feel confusing, especially with deadlines, paperwork, and changing requirements.
This guide breaks it all down — step by step — to help you better understand how the H-1B visa application process works in 2025.
Whether you're wondering how to apply for an H-1B visa, what the timeline looks like, or what to expect at each stage, you're in the right place.
SCHEDULE A CONSULTATIONWhat Is the H-1B Visa?
The H-1B visa is a temporary, nonimmigrant visa that allows U.S. employers to hire foreign workers in specialty occupations.
These are roles that usually require a bachelor’s degree or higher in a specific field—such as IT, engineering, finance, healthcare, or architecture.
Unlike some other visa types, the H-1B is employer-sponsored, which means an employer must file the petition on behalf of the employee.
Individuals can’t apply for this visa on their own.
How to Apply for an H-1B Visa in 2025
The H-1B application process starts with a U.S. employer.
The overall process includes several steps involving the Department of Labor and U.S. Citizenship and Immigration Services (USCIS).
If the role is subject to the annual visa cap, it also includes an electronic registration and lottery.
Here’s how the H-1B visa application process typically works:
Step-by-Step: H-1B Visa Process
Step 1: Employer Files a Labor Condition Application (LCA)
Before petitioning for an H-1B visa, the employer must submit an LCA to the Department of Labor.
This document confirms that:
- The wage offered meets or exceeds the prevailing wage for the position.
- The working conditions won't negatively affect other workers.
- A notice of the certified LCA has been posted at the worksite (or electronically) for at least 10 consecutive business days.
Once approved, the certified LCA becomes part of the H-1B petition package.
Step 2: H-1B Electronic Registration (If Subject to the Cap)
If the job is subject to the annual H-1B cap, the employer must first register online with USCIS during the designated registration window—typically in March.
There is a $215 fee to register each beneficiary for the H-1B selection process.
USCIS runs a lottery if registrations exceed the cap (which they usually do).
If selected, the employer is invited to submit a full H-1B petition.
Step 3: Employer Files Form I-129 With USCIS
This is the formal petition for a nonimmigrant worker.
It includes:
- Certified LCA
- Details about the job, the employer, and the employee
- Supporting documentation proving eligibility
The employer files Form I-129 and pays the applicable filing and service fees (which are different from typical H-1B attorney fees).
Step 4: USCIS Reviews the Petition
USCIS processes the petition and issues one of the following:
- Approval Notice (Form I-797)
- Request for Evidence (RFE)
- Denial notice
Employers may choose premium processing for an additional fee, which commits USCIS to process the petition within 15 business days.
Regular processing times vary.
Step 5: Apply for H-1B Visa Stamp (If Outside the U.S.)
If the worker is abroad, they must attend a visa interview at a U.S. consulate.
- Approval Notice (Form I-797)
- Passport
- DS-160 confirmation page
If approved, the consulate issues a visa stamp in the passport.
Step 6: Begin Employment
Once everything is approved, the H-1B employee can begin working.
If in the U.S. under a different status, they may change status without leaving.
If abroad, they can enter the U.S. with their visa and start work on or after the petition’s start date—usually October 1.
SCHEDULE A CONSULTATIONH-1B Process Timeline for 2025
Here's a general timeline to keep in mind:
- March: H-1B registration window opens
- Late March/Early April: Lottery selection
- April–June: Filing period for selected registrants
- October 1: Typical employment start date
What If the H-1B Petition Is Denied?
USCIS may issue a denial or a Request for Evidence (RFE) if the petition doesn’t meet the required criteria.
In some cases, employers can respond to the RFE or reapply in the next cycle.
Understanding why a petition was denied can help determine next steps.
Supporting Your H-1B Journey
The H-1B visa process can be time-sensitive and complex.
From the registration to the final approval, each step matters.
If you’re looking for guidance, legal advice, or help understanding your options, working with an experienced immigration law firm can make a difference.
If you have questions about the H-1B visa, need help with your petition, or want to talk to an H-1B visa attorney, reach out to Quijano Law to schedule a consultation.
SCHEDULE A CONSULTATIONFAQs About the H-1B Visa Application Process
What is the process for an H-1B visa?
The H-1B visa process starts with a U.S. employer submitting a Labor Condition Application (LCA), registering during the lottery (if applicable), and filing Form I-129 with USCIS. If approved, the employee may then apply for a visa stamp and begin working in the U.S.
Do I need a lawyer to apply for H-1B?
While not required, many employers and workers choose to work with an immigration lawyer to help with paperwork, deadlines, and possible complications.
Can I change jobs on H-1B?
Yes, H-1B portability allows workers to change employers, but the new employer must file a new H-1B petition.
How long is the H-1B visa valid?
An initial H-1B is valid for up to 3 years and can be extended for a total of 6 years in many cases.
What happens after H-1B approval?
The worker can legally begin employment with the sponsoring employer and may later apply for permanent residency (green card), depending on eligibility.
What is the minimum salary for H-1B?
The H-1B salary requirement depends on the job type and location. Employers must pay the prevailing wage or the actual wage for the position, whichever is higher, as determined by the U.S. Department of Labor. There’s no universal number — it varies case by case.
