USCIS Clarifies H-1B Petition Process for Employers

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H-1B visa

Guidance for Employers Filing H-1B Petitions

employers filing h-1b petition. USCIS provides an instructions for how to answer clients on the revised Form I-129, Petition for Nonimmigrant Worker with regard to businesses who were designated to receive funding under the TARP legislation. The initial registration period is for a minimum of 14 calendar days each fiscal year. Only those with selected registrations are eligible to file H-1B cap-subject petitions. In order to be eligible for the H1B visa, you will need: A valid job offer from a U.S. employer for a role that requires specialty knowledge. Proof of a bachelor’s degree or equivalent experience in that field. Your employer must show that there is a lack of qualified U.S. applicants for the role.

H-1B employer filing checklist.

Employers Filing an H-1B Petition — step-by-step guide for sponsors

Filing an H-1B petition requires careful planning, precise documentation, and compliance with wage and labor rules. Employers must prove the job is a specialty occupation, that the beneficiary meets the required education/experience, and that the employer will pay the proper wage. Therefore, treating the petition like a compliance project — not a one-page form fill — reduces RFEs, delays, and audit risk.

Quick overview of the H-1B workflow

  1. Determine eligibility: confirm the role is a specialty occupation and the beneficiary’s credentials match the job.
  2. Obtain a certified LCA (Form ETA-9035/9035E): file with DOL and post required notices.
  3. Prepare the I-129 petition: assemble support letter, job description aligned to SOC, LCA, degree/transcripts, and proof of employer control.
  4. Pay required fees: ACWIA, Fraud/Prevention, base filing fee, and premium processing if requested.
  5. File with USCIS: submit Form I-129 and obtain a receipt number.
  6. Respond to RFEs promptly with a focused exhibit packet.
  7. Post-approval compliance: maintain LCA postings, wage records, and update USCIS for material changes.

Key evidence employers must supply

  • Detailed job description showing specialized duties and degree requirement.
  • Company financials proving ability to pay (payroll, tax records).
  • Beneficiary documents: diploma, transcripts, credential evaluations.
  • Proof of employer-employee relationship: paystubs, W-2s, onboarding records.

Common issues & how to avoid them

  • Weak job descriptions — remedy by detailing tasks, complexity, and minimum qualifications.
  • Insufficient ability-to-pay evidence — provide recent payroll or audited statements.
  • Overlooked portability/amendments — file amendments for material changes.
  • Recordkeeping lapses — keep an H-1B compliance binder with LCAs and payroll records.

Practical tips

  • Use premium processing when timing is critical.
  • Prepare a tabbed exhibit packet and a clear cover letter that cross-references key exhibits.
  • Include industry salary data, SOC code justification, and expert letters when risk is higher.

How we help

We prepare LCAs and I-129 packets, evaluate specialty-occupation risk, obtain credential evaluations, respond to RFEs, and build compliance systems for recordkeeping and wage tracking. Request our H-1B Employer Filing Checklist or an I-129 Exhibit Template and we’ll deliver it ready to upload.

Disclaimer: General information, not legal advice. Confirm current USCIS and DOL rules and fee schedules before filing.

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