H-1B Filing Process Made Simple: A 2025 Guide for Employers and Foreign Workers

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Your 2025 H-1B Visa Roadmap: Filing Steps, LCA, I-129 & USCIS Timeline

The H-1B visa is an important route for skilled overseas workers to work in the United States. The process is complicated and time-limited. Given the complexity of the H-1B filing process, this guide covers every step to help employers and beneficiaries navigate the journey successfully and also the key deadlines for H-1B filing.

Step 1: Hiring

The H-1B filing process starts with the realization by a U.S. employer that there is an ongoing need for a highly skilled foreign worker to perform work in a specialty occupation. The potential employee must qualify under the criteria of “Specialty Occupation,” usually a bachelor’s degree or higher in a specialized area. Employers should gather the necessary documents, which include:

  • Educational history (degrees, certificates & transcripts)
  • Documentation of previous work experience
  • Required additional documents

H1B Online Registration

Step 2: Online Registration

The petitioner (employer) sets up an online account with USCIS and registers each beneficiary online. There is a registration fee. The registration system is usually about 3 weeks; USCIS opens, the registration systems from Early March. An H-1B petition can only be filed for those who have been selected in the lottery.

Step 3: Selection Process

The H1B has an available statutory cap of 65,000 visas annually, with an additional 20,000 for those with a U.S. advance master’s degree or higher exemption. When the number of employers requesting registrations exceeds the annual H-1B cap, USCIS will make selections in a computerized random lottery. For just ended fiscal year, USCIS concluded the lottery selection process on March 31. A second round may occur in August if chosen candidates decide not to continue. If beneficiaries are selected, employers have 90 days to submit Form I-129 petition to USCIS.

Take note; Steps 2 and 3 are for first time H1B applicants only. Application for H1B transfers; extensions; change of employer; amendments or concurrent employment skip to Step 4.

Step 4: Labor Condition Application (LCA) and H-1B Petition (Form I-129)

Labor Condition Application (LCA)

The employer must first obtain a certified Labor Condition Application (LCA) from the Department of Labor (DOL) before submitting Form I-129. This guarantees that the foreign worker is working with fair wages and working conditions. It takes about 5 business days to process the LCA.

I-129 Petition for a nonimmigrant worker blank form lies on United States flag with blue pen from Department of Homeland Security

H-1B Petition (Form I-129)

After LCA approval, the employer submits Form I-129 with USCIS. Required documents include:

  • Educational documents for the beneficiary (degree certificate and transcripts)
  • Passport information page for the beneficiary
  • I-94 and travel history for the beneficiary
  • Past I-797 (if applicable) for the beneficiary
  • Employer’s offer letter
  • Supporting corporate documentation
  • Applicable USCIS filing fees

USCIS updates its fee structure from time to time, so it is important to refer to the latest fee schedule. H-1B lottery selected cases can be filed from April to June 2025.

Step 5: Processing

Once the petition is filed, USCIS evaluates the documents. The current processing time takes 5 to 9 months depending on the Service Center.

Premium Processing

  • An additional fee is required to use premium processing.
  • This ensures that processing is completed within 15 business days.
  • The timeline could take longer if USCIS issues a Request for Evidence (RFE).

Standard Processing

  • Takes a few months depending on USCIS workload and case complexity.
  • A Request for Evidence (RFE) could cause a delay in the decision.

Step 6: USCIS Decision

The employer will receive a notification about the approval or denial through the online account and/or by mail. Those approved receive an I-797 Notice of Approval, granting them work authorization starting October 1, 2025.

H-1B filing process - Woman getting her international documents

Final Step: Visa Stamping (If Outside the U.S.)

If you’re a candidate outside the U.S., you’ll have to schedule a visa interview at a U.S. embassy or consulate in your country of origin. Required documents include:

  • I-797 approval notice
  • Passport
  • Supporting application documents

After visa stamping, candidates can travel to the U.S. to begin employment.

Conclusion

The H-1B filing process is very competitive and time-sensitive. Lack of timeliness, completeness, or accuracy in applications submitted by employers may result in delays or even denials.

The Law Offices of Luke Bowman have the experience necessary to take employers and foreign work professionals through the complicated road of H-1Bs. Errors or incomplete applications can lead to Requests for Evidence (RFE) or even denials. We ensure that all necessary forms, supporting documents, and fees are properly submitted for a seamless process.

📞 The Law Offices of Luke Bowman will help you secure your H-1B petition with certainty!