H-1B Application Process: From Job Analysis to Getting Started

The H-1B process begins with determining job and candidate eligibility. If there is registration or selection, these are only a phase. The actual specialty job, the correct wage and location, the LCA, the I-129, and the individual's status or visa process must be planned together. ¹²

1. Examining the specialized nature of the job

The duties, the field of training required by the job, and how the candidate meets these conditions are determined. Instead of presenting a general list of tasks with a technical title, the actual job content should be described. If more than one training area is accepted, their connection to the tasks should be shown. ¹

Diplomas, transcripts, educational evaluations and, if necessary, professional license records are examined. The employer's activity, the actual need for the position and the place of work are also part of this first stage of the case. ¹

2. Determine quota scope

It is evaluated whether the new application is subject to the annual quota. There may be other situations, such as an eligible exempt employer or a person who has previously been included in the quota. The fact that the employer is a nonprofit does not alone indicate all exemption conditions. ¹

For applications within the scope of quota, the registration and presentation calendar of the relevant fiscal year is checked from the official announcement. It is not correct to use last year's dates as the exact dates of the next year. The spring registration window prior to September 20, 2026 should not be presented as a currently open application period. ¹

3. Registration information and weighted selection

In the current registration structure, the occupation code, place of work and the relevant OEWS level of the offered wage are important. In the required selection, levels are weighted by four, three, two and one pool entries from IV to I. If there is more than one registration or workplace, the relevant lowest level rules are examined. ¹

This information must be consistent with the subsequent petition. Showing a high level in the registration but actually offering a different salary or task may cause problems. Being selected does not mean that USCIS has pre-approved the specialty job and candidate conditions. ¹

4. LCA and fee compliance

The employer carries out the LCA process with appropriate workplace and wage information. Payment of the required high wage and other working conditions are important when comparing the real wage with the prevailing wage. LCA is not the same process as PERM labor certification. ²³

Employer-related periods of non-working, salary deductions and expenses transferred to the employee should be evaluated separately. A special agreement accepted by the employee does not remove the statutory wage obligation. A change of workplace or remote working should also be considered in conjunction with the LCA scope. ²

5. Preparing the I-129 petition

The employer submits the I-129 application with employment and candidate documents. If registration selection is required, the conditions and deadlines for the selection are followed. Actual role, educational affiliation, compensation and workplace documentation must support each other. ¹

Fees are broken down by employer size, nature and application type. The base I-129, Asylum Program Fee, applicable ACWIA and fraud prevention fee, and other additional fees are not the same item. Current fee and litigation effects should be checked before payment. ⁴⁵

6. Change of status or consular action

Requesting an appropriate change of status within the United States and applying for a visa from abroad are different. Check whether the I-129 approval includes a change of status and check the I-94 record. When the consular process is necessary, the visa and entry phase is completed separately. ¹

When transitioning from F-1 or J-1, current status, work permit and applicable transition rules should be examined separately. Since there are regulatory changes regarding the duration of stay of these statuses in September 2026, duration assumptions should not be made based on the old general D/S statements. The actual I-94, school/program, and USCIS records should be checked together. ⁶¹

7. Decision, starting work and subsequent adaptation

If Premium processing is selected, a 15 business day processing time will be applied to the appropriate H-1B petition. This period is not the final approval or visa issuance period. If an RFE arrives, the scope and deadline of the notification are taken into account. ⁴⁷

Initiation must be based on approval and status conditions or appropriate portability rule. Afterwards, changes in duties, locations, wages and employers are monitored. H-1B is not only a one-time form process, but also requires the protection of working conditions throughout the approval period. ¹²