H-1B Filing & Petition in Cupertino, CA
Cupertino employers obtain DOL LCA certification, then file Form I-129 H-1B petitions.
Cupertino ranks #19 nationally with 1,872 H-1B petitions.
MSA: San Jose-Sunnyvale-Santa Clara, CA · All CA H-1B cities →
Filing an H-1B transfer in Cupertino?
Change-of-employer guide for HR — timeline, documents, and flat-fee filing.
Need an H-1B lawyer in Cupertino?
Flat-fee transfer and petition filing with a dedicated immigration attorney on every case.
Cupertino Apple campus & hardware
Cupertino H-1B filing — distinct from other Bay Area cities
This page covers DOL LCA and I-129 filing for Cupertino worksites in the San Jose-Sunnyvale-Santa Clara, CA. Prevailing wage and employer demand differ by city even within the same MSA — use the city-specific guide below, not a generic "Bay Area" page.
For South Bay cluster context, start with our San Jose South Bay hub.
Cupertino market data
H-1B filing activity in Cupertino
Public DOL LCA disclosure data for the Cupertino metro. LCA certification is the first step; USCIS separately adjudicates the H-1B petition. Source: U.S. Department of Labor FLAG public LCA disclosure (OFLC). LCA certification is not USCIS petition approval..
DOL OFLC disclosure · refreshed June 2026
Methodology: DOL OFLC public disclosure data. Employer counts and wages reflect certified LCAs for the city worksite only.
#19 · 1,872
USCIS petitions
303
LCA filings
$178,500
Avg offered wage
98.4%
DOL certification rate
Top H-1B employers in Cupertino
- 1.Apple Inc.48 LCAs
- 2.Seagate Technology LLC12 LCAs
- 3.Synaptics Incorporated10 LCAs
- 4.Amazon.com Services LLC8 LCAs
- 5.Google LLC6 LCAs
- 6.Intel Corporation5 LCAs
- 7.Microsoft Corporation4 LCAs
- 8.NVIDIA Corporation4 LCAs
- 9.Applied Materials, Inc.3 LCAs
- 10.Oracle America, Inc.3 LCAs
Most-filed roles (avg offered wage)
- 1.Software Engineer$178,500
- 2.Hardware Engineer$165,000
- 3.Architect$185,000
- 4.ASIC Engineer$160,000
- 5.Product Designer$150,000
Nearby worksites in the Cupertino metro
Suburban LCAs use the same San Jose-Sunnyvale-Santa Clara, CA prevailing wage data — worksite address must match where the employee actually works.
Employer cost
H-1B cost calculator for Cupertino employers
See the full employer cost to file an H-1B in Cupertino: USCIS government fees plus h1bfiling.com flat fees ($2,999 filing; $999 lottery when cap registration is needed). Prevailing wage for the San Jose-Sunnyvale-Santa Clara, CA is set on the LCA and is not a government filing fee.
Employer size
Organization type
Case type
Employer cost in Cupertino
USCIS fees are national; Cupertino LCA wage is separate and not included below. Government fees cannot be passed to the employee.
- Form I-129 base filing feeOnline filing$780
- ACWIA training fee$1,500
- Fraud prevention & detection feeInitial petitions and change of employer$500
- Asylum program fee$600
- Government fees subtotal$3,380
- h1bfiling.com filing feeFlat $2,999 — LCA + I-129, lawyer review, RFE response included$2,999
Estimates use published 2026 USCIS fee schedules plus h1bfiling.com flat fees ($2,999 filing). Planning only — not legal advice. Verify current government rules before filing.
Filing context for Cupertino employers
Cupertino ranks #19 nationally with 1,872 filings in FY 2026 Q2. Local demand concentrates in Consumer electronics, Hardware, Software platforms, and related roles. LCA wages follow the San Jose-Sunnyvale-Santa Clara, CA — LCAs must list the actual Cupertino worksite address and San Jose-Sunnyvale-Santa Clara, CA prevailing wage for the SOC code.
- FY 2027 cap registration uses wage-weighted selection — higher OEWS wage levels receive more lottery entries.
- Consulting employers at client sites need employer–employee relationship and client-letter evidence on I-129.
- Dual intent allows green-card planning during H-1B — change-of-employer transfers typically skip the lottery.
We handle every step — H-1B filing in Cupertino
- 01
Create employer account
We onboard your company for Cupertino, CA sponsorship — sign up, add your profile, and choose lottery or full H-1B filing.
- 02
Start a case & invite candidate
We manage candidate intake for your Cupertino worksite — send a secure invite and we collect passport, degree, and resume for LCA and petition prep.
- 03
Certify LCA with DOL
We prepare and file the LCA with correct San Jose-Sunnyvale-Santa Clara, CA prevailing wage, SOC code, and worksite. Notice posting and PAF included.
- 04
Prepare Form I-129 petition
Our immigration lawyers prepare Form I-129, draft the employer support letter, and assemble the evidence packet for your Cupertino worksite — structured to reduce RFE risk.
- 05
Submit to USCIS & track
We file with USCIS on your behalf. Track receipt notices, RFEs, and approval in your employer dashboard.
Why Cupertino employers use h1bfiling
Cupertino remains a flagship Silicon Valley sponsorship market.
- Dedicated immigration lawyer on every Cupertino petition — not software-only filing
- Flat $2,999 filing includes RFE attorney response — no surprise hourly invoice
- LCA wage and address checked against the local MSA before DOL filing
- Live employer dashboard — documents, who’s next, LCA and USCIS milestones
- Lottery $999 · filing $2,999 — government fees separate
- Transfers, lottery-selected petitions, extensions, amendments, and H-4 dependents supported
Cap-exempt H-1B options for Cupertino employers
Some Cupertino employers qualify for cap-exempt H-1B filing — universities, nonprofit research organizations, and affiliated entities can petition year-round without lottery registration. For-profit employers may qualify when the beneficiary works primarily at a cap-exempt site.
- · No annual cap lottery for qualifying cap-exempt petitions
- · Often exempt from the ACWIA training fee
- · Still requires certified LCA and Form I-129 with specialty-occupation evidence
- · For-profit employers may qualify when the beneficiary works primarily at a cap-exempt site
Ask counsel whether your Cupertino organization qualifies for cap-exempt filing.
Start cap-exempt or cap-subject case →2026 employer checklist
H-1B filing checklist for Cupertino employers
Lottery dates, wage-weighted selection, document lists, and government fees for employers filing in the San Jose-Sunnyvale-Santa Clara, CA.
FY 2027 cap timeline
- Registration: FY 2027 cap registration: March 4–19, 2026 (noon–5:00 p.m. Eastern)
- USCIS uses wage-weighted selection for FY 2027 — higher OEWS wage levels receive more lottery entries. Cupertino employers should determine wage level using the San Jose-Sunnyvale-Santa Clara, CA and correct SOC code at registration.
- I-129 filing window: Selected cap petitions: file I-129 April 1–June 30, 2026 for October 1, 2026+ start dates
Wage-weighted lottery entries (Cupertino MSA)
| Level | Entries | Meaning |
|---|---|---|
| Level IV | 4 entries | Fully competent — ~67th percentile for SOC + local MSA |
| Level III | 3 entries | Experienced — ~50th percentile |
| Level II | 2 entries | Qualified — ~34th percentile |
| Level I | 1 entry | Entry-level — ~17th percentile |
Employer documents
- · Form I-129 Petition for a Nonimmigrant Worker
- · H Classification Supplement to Form I-129
- · Certified Labor Condition Application (Form ETA-9035)
- · Employer support letter with job duties and specialty-occupation analysis
- · Company evidence (e.g., tax returns, business license, org chart as needed)
- · Filing fee payments (employer-paid; cannot be passed to the employee)
- · Public Access File (PAF) for the certified LCA
Employee documents
- · Copy of valid passport (biographic page)
- · Degree certificates and official transcripts
- · Credential evaluation for foreign degrees (if applicable)
- · Resume/CV consistent with petition forms
- · I-94 arrival record and prior immigration documents (if in the U.S.)
- · Prior H-1B approval notices (I-797) for extensions or transfers
- · Pay stubs for change-of-employer or amendment cases
If the beneficiary is abroad after petition approval, they may need a consular visa interview. Prepare them on job duties, employer details, and required documents before the appointment.
Government fees (employer-paid, 2026)
h1bfiling.com service fees: $999 lottery · $2,999 full filing. Fees below are paid to USCIS/DOL in addition to our flat service fee.
| Fee | Amount | Notes |
|---|---|---|
| H-1B registration (cap-subject) | $215 | Per beneficiary; FY 2027 window Mar 4–19, 2026 |
| Form I-129 base filing fee | $780 online / $730 paper | $460 / $410 for employers with ≤25 full-time employees |
| ACWIA training fee | $1,500 | $750 for ≤25 employees; exempt for universities & nonprofit research orgs |
| Fraud prevention fee | $500 | Initial petitions and change-of-employer only |
| Asylum program fee | $600 | $300 small employer; $0 nonprofits |
| Premium processing (Form I-907) | $2,965 | Optional; 15 business days to adjudicative action |
| Public Law 114-113 fee | $4,000 | Only if 50+ employees and >50% on H-1B/L-1 |
| Presidential proclamation fee | $100,000 | Certain new petitions for beneficiaries abroad requiring consular processing; verify current status before filing |
Prevailing wage tips — Cupertino MSA
- · Use flag.dol.gov OFLC Wage Search for the San Jose-Sunnyvale-Santa Clara, CA — not company HQ in another state.
- · Pay the higher of prevailing wage or actual wage paid to similar U.S. workers in the same role.
- · Save the wage lookup printout with date — useful if DOL or USCIS questions the determination.
- · Multi-site employers in the Cupertino metro may need separate LCAs or accurate worksite lists on each LCA.
Common RFE triggers
- · Specialty occupation — degree field does not clearly match job duties
- · Employer-employee relationship at third-party client sites (consulting/staffing)
- · Wage level or SOC code inconsistency between registration, LCA, and I-129
- · Insufficient evidence connecting beneficiary qualifications to the offered role
- · Itinerary or worksite gaps for multi-location or remote assignments
Lawyer review
What lawyer-reviewed means on h1bfiling.com
Every Cupertino case is reviewed by a dedicated immigration lawyer before DOL and USCIS submission — not a self-filing software workflow.
LCA & prevailing wage review
Counsel validates SOC code, San Jose-Sunnyvale-Santa Clara, CA wage level, and worksite details before DOL filing.
I-129 petition assembly
Lawyers draft the employer support letter, structure specialty-occupation evidence, and review the full packet for consistency across registration, LCA, and I-129.
RFE risk screening
Common denial triggers — third-party worksites, degree-to-duty gaps, wage mismatches — are flagged before submission.
Case status updates
Employers receive updates through the dashboard; counsel responds to case questions within one business day.
Flat fee — questions included
Lottery registration and full filing are quoted at a fixed price. Employer and candidate questions during LCA and I-129 prep are included — not billed hourly per email or call. Government USCIS/DOL fees are separate.
h1bfiling.com is an employer filing service with lawyer review on every case. This page is informational and not legal advice.
Top industries in Cupertino
- Consumer electronics
- Hardware
- Software platforms
- Semiconductors
- Design engineering
Most sponsored roles
- 1.Software Engineer
- 2.Hardware Engineer
- 3.Architect
- 4.ASIC Engineer
- 5.Product Designer
Cupertino filing checklist
- LCAs must list the actual Cupertino worksite address and San Jose-Sunnyvale-Santa Clara, CA prevailing wage for the SOC code.
- FY 2027 cap registration uses wage-weighted selection — higher OEWS wage levels receive more lottery entries.
- Consulting employers at client sites need employer–employee relationship and client-letter evidence on I-129.
- Dual intent allows green-card planning during H-1B — change-of-employer transfers typically skip the lottery.
- Flat $2,999 filing includes lawyer review and RFE response attorney work; USCIS fees are separate.
- Save DOL wage lookup printouts; consistency across registration, LCA, and I-129 reduces RFE risk.
H-1B filing in Cupertino — FAQ
How do I file an H-1B petition for an employee in Cupertino?
File a certified LCA with the DOL for your Cupertino worksite, then submit Form I-129 to USCIS. On h1bfiling.com, create an employer account, start a case (Cupertino, CA worksite), invite your candidate, and our lawyers prepare the LCA and I-129 petition — flat fee $2,999.
What is the difference between H-1B filing and an H-1B petition in Cupertino?
"H-1B filing" is the full process: LCA certification, Form I-129 petition assembly, and USCIS submission. The petition (I-129) is the formal request to USCIS. h1bfiling.com handles both for Cupertino employers in one workflow.
How long does an H-1B petition take for Cupertino employers?
LCA certification typically takes 7–14 days (longer if flagged). USCIS I-129 processing varies by service center and premium processing. Most Cupertino employers complete document collection and LCA prep in 2–4 weeks on h1bfiling.com before USCIS submission.
Can I transfer an H-1B employee to my Cupertino worksite?
Yes. Change-of-employer H-1B transfers require a new LCA for your Cupertino location and a new I-129 petition. Candidates already in H-1B status skip the lottery. AC21 porting may apply upon USCIS receipt.
What is the average H-1B wage in Cupertino?
Recent DOL LCA disclosure data shows an average offered annual wage of about $178,500 across certified Cupertino metro filings. Actual wages vary by occupation, OEWS wage level, and employer.
Which Cupertino companies sponsor the most H-1B workers?
Top LCA filers in Cupertino include Apple Inc., Seagate Technology, Synaptics, Google LLC, Intel Corporation — based on public DOL FLAG disclosure data. LCA volume reflects employer demand; USCIS separately approves petitions.
What is the DOL LCA certification rate in Cupertino?
Recent DOL disclosure shows roughly 98.4% of Cupertino metro LCA applications certified. Certification confirms wage and worksite compliance — it is not the same as USCIS petition approval.
How much does H-1B filing cost for a Cupertino employer?
h1bfiling.com charges $999 for lottery registration and $2,999 for full H-1B filing (LCA + I-129 petition prep). RFE attorney response work is included in the filing flat fee. USCIS government fees — I-129 base fee, ACWIA, fraud prevention, asylum program, and optional premium processing — are separate and paid by the employer.
How does wage-weighted lottery selection affect Cupertino employers?
For FY 2027, USCIS assigns 1–4 lottery entries based on OEWS wage level for the offered salary, SOC code, and San Jose-Sunnyvale-Santa Clara, CA worksite. Level IV registrations receive four entries; Level I receive one.
What documents does a Cupertino employer need for H-1B filing?
Employers typically provide Form I-129, H Classification Supplement, certified LCA, employer support letter, company evidence, and fee payments. Employees provide passport, degrees, transcripts, resume, and prior immigration documents. h1bfiling.com collects these through a secure candidate portal.
Can I transfer an H-1B employee to my Cupertino, CA worksite?
Yes. Change-of-employer transfers require a new LCA for your Cupertino location and a new I-129 petition. Candidates already in H-1B status skip the lottery. AC21 porting may apply upon USCIS receipt.
Do I need an H-1B lawyer or immigration attorney in Cupertino?
Employers in Cupertino, CA benefit from an immigration lawyer for LCA prevailing-wage review, Form I-129 petition prep, and specialty-occupation documentation. h1bfiling.com includes a dedicated H-1B lawyer on every transfer and petition at a flat $2,999 fee — including attorney work if USCIS issues an RFE.
What are the benefits of an H-1B for Cupertino employers?
H-1B lets Cupertino employers hire specialty-occupation professionals for up to six years (with limited extensions tied to green-card progress), supports dual intent, and allows change-of-employer transfers without lottery when the worker is already in status. Spouses and children may seek H-4 status.
How do you qualify for an H-1B for a Cupertino worksite?
The role must be a specialty occupation (typically requiring a related bachelor’s or equivalent), the employer must control the worker as a W-2 employee, and the wage must meet San Jose-Sunnyvale-Santa Clara, CA prevailing wage for the SOC code. Cap-subject first-time petitions need lottery selection unless the sponsor is cap-exempt.
Is RFE response included for Cupertino filings?
Yes. On h1bfiling.com, attorney work to respond if USCIS issues a Request for Evidence is included in the $2,999 flat filing fee. There is no separate USCIS fee for an RFE reply. Government fees on the original petition remain separate.
How long can an H-1B worker stay after a Cupertino petition is approved?
H-1B status is generally available for up to six years (often 3+3), with dual intent allowing green-card pursuit. Extensions beyond six years may be available with certain immigrant petition progress. Change-of-employer transfers into Cupertino typically skip the lottery when the worker is already in H-1B status.
Are there extra fees if we have questions during H-1B filing in Cupertino?
No. h1bfiling.com quotes a fixed $2,999 for full H-1B filing in Cupertino, CA. Employer and candidate questions during LCA certification and I-129 preparation are included — you are not billed hourly for emails, status updates, or document follow-up.
Ready to file in Cupertino?
Lawyer-reviewed petitions, flat pricing, and a team that handles LCA through USCIS filing.
Get started — $2,999 per filing