This guide explains how the H-1B process works for roles that plan to start on or after October 1, 2025 (FY 2026 cap). It uses only official government sources and keeps the language clear and practical.
Note: USCIS posts exact cap season dates and instructions each year. Always confirm the latest steps and fees on the official pages linked below.
Key updates that affect October 2025 (FY 2026 cap)
USCIS runs an online cap registration that focuses on the worker, using a unique passport or travel document number for each person. You can find details on the cap season, accounts, and selection rules on the USCIS H-1B cap season page.
The H-1B cap registration fee is $215 for the FY 2026 season, based on USCIS’ final fee rule.
Employers must get a certified Labor Condition Application (LCA, ETA-9035) from the Department of Labor before filing Form I-129. Check the DOL H-1B program page for more.
The earliest start date for cap-subject cases is October 1, 2025, for FY 2026, after approval and any needed visa.
Who qualifies for H-1B (Specialty Occupations)
USCIS says H-1B is for jobs that need special skills and knowledge. These roles usually require:
- Real use of advanced know-how; and
- At least a bachelor’s degree or equal in a related field.
Core points:
- A U.S. employer hires the worker and keeps a boss-worker link.
- The job must fit specialty rules.
- The employer pays at least the set wage, which is the higher of the common wage or what others get for the same work, as shown on the LCA.
- First H-1B time is up to three years. Total is often up to six years, with some exceptions for green card steps.
FY 2026 timeline for an October 2025 start
- Registration window: USCIS often opens H-1B cap registration in March. Look at the USCIS H-1B cap season page for exact dates and steps.
- Selection notifications: After registration ends, USCIS picks entries and tells people through their online accounts.
- Petition filing: Only picked registrations let you file Form I-129 for that worker during the USCIS window.
- Earliest start date: October 1, 2025, for cap-subject approvals in FY 2026.
Step-by-step application process
Employer account and cap registration (USCIS)
- Set up or update a USCIS organizational account and follow cap season rules.
- Register each worker once, using the needed passport or travel document number from USCIS’ worker-focused rule.
- Pay the $215 registration fee for FY 2026, per the USCIS final fee rule.
- Watch your USCIS account for selection news and filing info.
File and certify the LCA (DOL)
- Submit ETA-9035 (LCA) for the right job and work location.
- Put up required notices.
- Wait for DOL approval before filing Form I-129.
DOL explains LCA duties and wage needs on its H-1B program page.
Prepare and file the H-1B petition (USCIS)
- File Form I-129 with the H Classification Supplement and H-1B Data Collection Supplement.
- Add the certified LCA, proof the job needs special skills, and that the worker has the right degree or experience.
- Pay the right USCIS filing fees from the fee rule (see table below) and any training or fraud fees.
- Submit during the USCIS filing window for the picked registration.
USCIS adjudication
USCIS can approve, deny, or ask for more proof (RFE).
If approved with status change, work can start on or after October 1, 2025, as per the approval.
If you need consular processing, the worker applies for a visa at a U.S. embassy or consulate before travel.
Consular processing and travel (Department of State)
- Fill out DS-160, pay the visa fee, and go to the interview with the I-797 approval notice.
- After getting the visa, travel to the U.S. and show the visa and approval at entry to get an I-94.
Official H-1B fees at a glance (verify before filing)
The USCIS final fee rule (effective April 1, 2024) sets these for H-1B filings and FY 2026 registration.
| Fee (official sources) | Amount | Who pays | Notes |
|---|---|---|---|
| H-1B cap registration (FY 2026) | $215 | Employer/registrant | Paid during March cap registration (USCIS fee rule). |
| Form I-129 (H-1B classification) | Per USCIS fee schedule | Employer | USCIS raised the base fee; check current H-1B I-129 amount and form edition on USCIS before filing. |
| Fraud Prevention & Detection | $500 | Employer | Needed for first H-1B and employer changes (USCIS rules). |
| ACWIA training fee | $750 or $1,500 | Employer | Based on employer size; some are exempt per USCIS/DOL. |
| Asylum Program Fee (USCIS) | $600 (standard); $300 (small employers); $0 (nonprofits) | Employer | Required for I-129 H-1B filings per USCIS final fee rule. |
| Premium Processing (Form I-907) | Check USCIS | Employer or employer/beneficiary | Optional; fee and time set by USCIS. |
Always check all amounts, exemptions, and how to pay on USCIS before filing. Extra fees may apply to some large employers under U.S. law.
Maintaining H-1B status (official rules to know)
- Pay and job duties: Employer must pay the set wage and keep the job matching the LCA and petition (DOL and USCIS rules).
- Worksite changes: A shift to a new area often needs a new LCA and, if big, an updated petition per USCIS.
- Grace periods: USCIS gives up to 60 days after some job ends and 10 days before or after the valid period.
- Portability: A new employer can file an H-1B change petition, and work can start when USCIS gets it, under rules.
- Maximum stay: Up to three years at first, often six years total, with exceptions for some green card cases (USCIS).
Cap-exempt H-1B options
USCIS says some H-1B petitions skip the cap. Common ones include:
- Jobs at or for colleges, related nonprofits, or research groups.
- Changes, extensions, or employer switches for workers already in the cap count.
See the USCIS H-1B Specialty Occupations page for exempt details and examples.
Practical, compliance-first tips (grounded in official guidance)
- Use USCIS accounts and follow cap instructions closely, including the worker’s passport need (USCIS H-1B cap season page).
- Get the right LCA certified before I-129 and post notices (DOL H-1B program page).
- Match the job, degree, and specialty needs, with clear proof the role requires a bachelor’s in that field (USCIS H-1B page).
- Keep a public access file and meet DOL wage and notice rules.
- Check USCIS fee amounts, form dates, and payment ways from the fee rule.
- For site or duty changes, check USCIS amendment policy before starting.
