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First-time H-1B sponsor kit for employers

Never sponsored H-1B before? This 12-step kit walks HR and founders through path selection, budgeting, documents, LCA, and I-129 filing — without hourly billing surprises.

Which path applies?

Change-of-employer transfer

When
Candidate already holds valid H-1B status with another employer
Timeline
Often 4–8 weeks to USCIS receipt
Lottery
Not required

Cap-subject new H-1B

When
Candidate needs a new cap number (most private employers)
Timeline
March lottery → file by June 30 if selected
Lottery
Required

Cap-exempt petition

When
Qualifying university, nonprofit research, or affiliated site
Timeline
Year-round — no lottery
Lottery
Not required

12-step employer kit

  1. 1

    Confirm the hiring path

    Is the candidate already in H-1B status (transfer), subject to the annual cap (lottery), or cap-exempt (university/hospital affiliate)? The path determines timeline and fees.

  2. 2

    Validate specialty occupation

    The role must require at least a bachelor's degree in a specific field. Align job title, duties, and degree before you extend an offer.

  3. 3

    Set salary against prevailing wage

    Offered cash wage must meet DOL prevailing wage for the worksite MSA, SOC code, and wage level. Equity does not replace cash wage on the LCA.

  4. 4

    Budget total cost (legal + government)

    Plan for $2,999 flat filing service plus USCIS/DOL government fees. Cap-subject cases add $999 lottery registration.

  5. 5

    Assign an internal owner

    HR, People Ops, or a founder should own immigration coordination — document collection, LCA posting, and USCIS receipt tracking.

  6. 6

    Collect employer documents

    Job description, worksite address, FEIN, signatory authority, and company evidence (org chart, product overview) for the petition packet.

  7. 7

    Collect candidate documents

    Passport, degrees, transcripts, resume, I-797 history, I-94, and pay stubs (for transfers). Use a secure portal — not email attachments.

  8. 8

    File and certify the LCA

    DOL Labor Condition Application for the exact worksite. Post notice at the worksite. Wait for certification before filing I-129.

  9. 9

    Prepare Form I-129 petition

    Employer support letter, specialty-occupation evidence, and fee payments. Immigration attorney review reduces RFE risk.

  10. 10

    File with USCIS and track receipt

    Save the I-797C receipt notice. For transfers, confirm AC21 portability rules with counsel before the employee starts work.

  11. 11

    Complete I-9 and payroll setup

    Update work authorization documentation only after counsel confirms authorized start date.

  12. 12

    Maintain the Public Access File

    Keep LCA, posting evidence, and wage data in a PAF available for DOL inspection.

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)

Candidate 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

Common first-time mistakes

  • ✕Starting work before USCIS receipt or portability analysis (transfers)
  • ✕Using HQ address on the LCA when the employee works at a different worksite
  • ✕Underpaying prevailing wage on the LCA vs. actual cash salary
  • ✕Billing the employee for petition or USCIS fees (prohibited)
  • ✕Assuming hourly immigration counsel will stay within an initial quote
  • ✕Missing the March H-1B registration window for cap-subject hires

Run your first case at $2,999 flat

Create a case, invite your candidate, and a dedicated immigration lawyer handles LCA and I-129 prep.

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