An H-1B case isn’t one application. It’s three or four separate filings, and each one asks for different paperwork from different people. The employer handles the registration and petition. The worker supplies degrees, passports, and immigration history. If the worker is abroad, a consular officer reviews the whole thing again at the visa interview.
Gathering documents in the right order, and early, is what keeps a case moving. This guide walks through each stage for the cap season that opens in 2027.
How the H-1B Timeline Works for FY 2028
New cap-subject H-1B jobs start on October 1 each year, the first day of the federal fiscal year. Registration happens about seven months before that.
- Registration (expected March 2027). The employer registers each candidate online and pays $215 per registration. USCIS hadn’t announced the FY 2028 dates as of November 2026. Last cycle, the window ran March 4 to March 19, 2026.
- Selection (late March). USCIS runs a wage-weighted selection, not a pure random lottery.
- Petition filing (from April 1, for at least 90 days). Only employers with a selected registration can file Form I-129.
- Decision. Standard processing takes months. Premium processing promises action within 15 business days.
- Visa stamping or change of status. Workers abroad interview at a U.S. consulate. Workers already in the U.S., such as F-1 students, can often change status without leaving.
- Start date: October 1, 2027.
The annual cap is 65,000 visas, plus 20,000 more for people with a U.S. master’s degree or higher. Universities, their affiliated nonprofits, and nonprofit or government research organizations are cap-exempt and can file at any time of year.
What the weighted selection means for you
Since February 27, 2026, USCIS gives each registration one to four entries based on the prevailing wage level the job’s salary meets for that occupation and location. A Level IV wage gets four entries, Level III gets three, Level II gets two, and Level I gets one. Every level can still be selected, but higher-paid offers have better odds.
That change means the employer must now enter the job’s SOC occupation code, the work location, and the wage level at registration. If the case is selected, the petition has to match those details and include evidence of the wage level as of the registration date.
Eligible H-1B registrations by fiscal year, FY 2021 to FY 2027. Source: USCIS.
Fewer registrations means better odds for each candidate, but the weighting now favors higher wage levels, so an entry-level offer still faces long odds.
Documents for the H-1B Registration
Registration is light on paperwork, but mistakes here can’t be fixed later. The employer needs:
- The candidate’s full legal name, date of birth, country of birth, and citizenship
- The passport number and expiration date of the passport the candidate will use to travel. This passport has to be the one listed on the petition later.
- Whether the candidate has a U.S. master’s degree or higher
- The job’s SOC code, area of intended employment, and the highest wage level the offered salary meets
- The employer’s EIN and authorized signatory details
Because USCIS runs a beneficiary-centric system, each person counts once no matter how many employers register them. Duplicate registrations from related companies can lead to denials.
Documents for the H-1B Petition (Form I-129)
This is the heavy stage. The employer, usually through an immigration attorney, files the petition with evidence that the job is a specialty occupation and the worker qualifies.
| Document | Who provides it | Why it’s needed |
| Form I-129 with the H Classification Supplement and Data Collection Supplement | Employer | The petition itself |
| Certified Labor Condition Application (Form ETA-9035) | Employer, approved by the Department of Labor | Confirms the wage and working conditions |
| H-1B registration selection notice | Employer | Proves the case was selected (cap cases) |
| Copy of the candidate’s passport biographic page | Worker | Must match the passport used at registration |
| Degree certificate and transcripts | Worker | Shows at least a bachelor’s degree or equivalent in a related field |
| Credential evaluation, for foreign degrees | Worker, from an evaluation service | Shows the foreign degree equals a U.S. bachelor’s or higher |
| Experience letters, if relying on work experience | Worker’s past employers | Supports degree equivalency, often three years of experience for each year of missing education |
| Detailed job description and offer letter | Employer | Shows the role needs specialized knowledge |
| Evidence of the wage level chosen at registration | Employer | Required under the weighted selection rule |
| Company documents (financials, org chart, office lease or photos) | Employer | Shows a real employer and a real job |
| Professional license, if the job requires one | Worker | Needed for roles such as nurses, teachers, or physical therapists |
For foreign degrees, an evaluation is often the first thing to order because it can take weeks. See what goes into a foreign credential evaluation and how WES and ECE compare.
Extra documents if the worker is already in the U.S.
Workers changing status inside the U.S. also need their most recent I-94 record, past and current visas, and proof they’ve kept lawful status. For F-1 students that means the I-20, OPT card, and any STEM OPT documents. Cap-gap protection can extend F-1 status and work authorization past the OPT end date while a timely cap petition is pending. Students can review the student visa documents they’ll be asked to show again. Since October 30, 2025, most EAD renewals no longer get an automatic extension, so check what the end of the EAD automatic extension means for your work permit and confirm your I-765 category code.
H-1B Fees in 2027
| Fee | Amount | Who pays |
| Registration fee | $215 per registration | Employer |
| Form I-129 filing fee (H-1B) | $780, or $460 for small employers (25 or fewer full-time employees) and nonprofits | Employer |
| Asylum Program Fee | $600, or $300 for small employers; $0 for nonprofits | Employer |
| ACWIA training fee | $750 (1–25 employees) or $1,500 (26+ employees), with some exemptions | Employer; can’t be passed to the worker |
| Fraud Prevention and Detection Fee | $500 for initial petitions and change of employer | Employer |
| Public Law 114-113 fee | $4,000 for employers with 50+ U.S. employees, more than half in H-1B or L status | Employer |
| Premium processing (optional) | $2,965 since March 1, 2026 | Employer or worker |
| Visa application fee at a consulate | $205 | Usually the worker |
Where the $100,000 H-1B fee stands
A presidential proclamation signed September 19, 2025 required a $100,000 payment for certain new H-1B petitions, mainly for workers outside the U.S. A federal court in Massachusetts vacated the policy on June 8, 2026, and the First Circuit refused on July 24, 2026 to let the government keep collecting it during the appeal. The administration extended the proclamation on September 18, 2026, through September 21, 2027, but a federal court in California blocked the fee again on September 30, 2026, including the extension.
As of November 2026, USCIS isn’t collecting the $100,000 payment, but the appeals are ongoing. DHS has also proposed a separate fee of $103,265 for certain cap-subject petitions through regular rulemaking, and that proposal isn’t in effect. Confirm the current status with your attorney before filing.
Documents for the H-1B Visa Interview
After USCIS approves the petition, a worker outside the U.S. books a visa interview at a U.S. embassy or consulate, usually in their country of nationality or residence. Bring:
- Valid passport, plus old passports with prior U.S. visas
- DS-160 confirmation page and appointment letter
- Form I-797 approval notice
- A copy of the full I-129 petition and the certified LCA
- Employment verification letter from the U.S. employer, dated close to the interview
- Recent pay stubs, if you’ve already worked in H-1B status
- Degree certificates, transcripts, and the credential evaluation
- Resume
Most H-1B applicants now attend an in-person interview because interview waivers were narrowed in 2025. A $250 visa integrity fee also applies to most nonimmigrant visas where embassies are collecting it. See our general guide to U.S. visa documents for interview rules that apply to every visa type.
Documents for H-4 Spouses and Children
Dependents travel and stay on H-4 status tied to the H-1B worker. They need:
- Their own passports and DS-160 forms
- A certified marriage certificate for the spouse
- Birth certificates for each child under 21
- A copy of the principal worker’s I-797 approval and recent pay stubs
Spouses of some H-1B workers, mainly those with an approved I-140 green card petition, can apply for an H-4 EAD work permit. Here’s what EAD renewal involves. A spouse without a Social Security number usually needs an ITIN to file a joint tax return; see our ITIN application documents.
After You Arrive: First-Week Paperwork
Your new employer will ask for Form I-9 documents on or before your first day. A foreign passport with your I-94 is usually enough. Here’s the full list of Form I-9 documents, and our new hire paperwork checklist covers the rest of onboarding.
Next, apply for a Social Security card, then open a bank account. Many H-1B workers also get a state driver’s license in the first few months.
Thinking longer term? Many H-1B workers move to permanent residence through employer sponsorship. Our green card documents guide explains the paperwork, and if you file to adjust status, read about traveling while your I-485 is pending before you book any trips.
Frequently Asked Questions
When is the H-1B lottery in 2027?
Registration for the FY 2028 cap is expected in March 2027. USCIS usually announces the exact dates in late January or early February.
Can I apply for an H-1B myself?
No. A U.S. employer must register you and file the petition. Workers can’t self-petition for an H-1B.
Do I need a master’s degree for the H-1B?
No. A bachelor’s degree or its equivalent in a related field is enough. A U.S. master’s degree gives you a second chance through the 20,000 advanced degree slots.
Is the $100,000 H-1B fee still required?
Not as of November 2026. Courts have blocked it, and USCIS isn’t collecting it, but the government’s appeals are still pending.
Does the $100,000 fee apply to H-1B extensions or job changes inside the U.S.?
The proclamation was aimed mainly at new petitions for workers outside the U.S. Extensions and transfers for people already in valid H-1B status were generally not covered.
How long does H-1B approval take?
With premium processing, USCIS acts within 15 business days. Standard processing commonly takes several months and varies by service center.
Can my H-4 spouse work?
Only with an H-4 EAD, which is available to certain spouses, mainly when the H-1B worker has an approved I-140 or extended status under specific rules.
Official Sources
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