WHAT YOU NEED TO KNOW
Start with an employer willing to sponsor an eligible role. A degree, job offer or selected registration alone does not give you H-1B work permission.
Ask the employer four questions
Before resigning or paying an agent, establish who will file the petition, how the duties relate to your qualifications, whether the employer expects cap-subject or cap-exempt treatment, and which start date is realistic. Ask for the sponsoring legal entity, not just a recruiter’s trading name.
An engineering graduate offered an unrelated administrative role should not assume the degree makes the position eligible. Have the employer’s immigration adviser assess the actual duties and qualification requirements.
Separate the application stages
The employer handles the labour condition application and petition. The LCA includes wage obligations; it is not a visa or a guarantee of petition approval. Cap-subject cases also need the applicable registration and selection process.
USCIS announced weighted selection for the FY 2027 season if registrations exceed the cap. Do not rely on old descriptions of an equal-chance lottery or reuse last year’s dates. Selection permits a qualifying petition to be filed; it does not approve it.
Check what approval actually authorises
A petition decision, an approved change of status, a consular visa and admission to the country are different events. Ask the employer’s adviser which documents and effective dates permit your proposed start. Do not start work just because a receipt or selection notice arrived.
Current entry restrictions, additional payment requirements and their exceptions can affect a case. Use the USCIS H-1B page for the filing date and your circumstances rather than treating a historic fee table as a complete quotation.
Keep a written sponsorship record
Save the offer, role description, work location, wage, filing receipts and the adviser’s explanation of who pays each cost. Never buy a promised selection or accept fabricated work history.
Next action: send the four questions above to the employer and resolve any mismatch between the advertised job and the proposed petition before committing to travel.
Sources and further reading
- US Department of Labor: labour condition applications ↗
- USCIS: FY 2027 cap registration announcement ↗
- USCIS: H-1B specialty occupations ↗
Sources checked 2026-10-13. Examples and planning suggestions are Effikos editorial guidance.
Something needs a closer look? Send us a correction.
