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The H-1B Visa Process – What Employers and Professionals Need to Know

/ H1-B Visas, Immigration Law / By

The H-1B visa program is a crucial pathway for skilled foreign professionals seeking to work in the United States. For both employers and employees, understanding the process, requirements, and deadlines is essential to ensuring a successful application. This guide breaks down the key aspects of the H-1B visa process and what you need to know before the initial registration period for fiscal year 2026 opens.

Key Dates for the fiscal year 2026 H-1B Visa Season
  • Registration Opens: Noon Eastern on March 7, 2025
  • Registration Closes: Noon Eastern on March 24, 2025
For Employers: How to Sponsor an H-1B Candidate

If you are an employer looking to sponsor an H-1B worker, here are the steps you need to follow:

  1. Determine Eligibility – Ensure that the position qualifies as a specialty occupation and that the candidate meets the educational and professional requirements.
  2. Register with USCIS – Employers must submit an online registration for each candidate during the registration window.
  3. H-1B Lottery Selection – If registrations exceed the annual cap, USCIS conducts a lottery to randomly select applicants.
  4. File an H-1B Petition – If selected, the employer files Form I-129 along with supporting documentation, including a Labor Condition Application (LCA) certified by the Department of Labor.
  5. Approval and Employment – If approved, the employee can begin working in H-1B status starting October 1 of the respective year.
For Professionals: Steps to Apply for an H-1B Visa

If you are a skilled professional seeking an H-1B visa, follow these steps:

  1. Secure a Sponsoring Employer – You must have a U.S. employer willing to sponsor your visa application.
  2. Ensure You Meet the Requirements – Typically, you need a bachelor’s degree or higher in a specialized field.
  3. Employer Submits Your Registration – Your employer will register you in the USCIS system during the registration period.
  4. Await Lottery Results – If selected, your employer will file the full H-1B petition on your behalf.
  5. Attend Visa Interview (If Abroad) – If you are outside the U.S., you may need to attend a visa interview at a U.S. consulate before beginning work.
Common Challenges and How Knezek Law Can Help

The H-1B process is highly competitive and subject to complex legal requirements. Here’s how Knezek Law can assist:

  • Application Strategy – We help employers and professionals optimize their applications for the best chances of selection and approval.
  • Compliance Guidance – We ensure that employers comply with labor and immigration laws throughout the sponsorship process.
  • Cap-Exempt Options – If your case doesn’t make the lottery, we explore alternative visa options and cap-exempt H-1B opportunities.

The H-1B visa is an excellent opportunity for skilled professionals to contribute to the U.S. workforce, but navigating the process requires careful planning. Employers and candidates alike should start preparations early to meet critical deadlines and increase their chances of success.

At Knezek Law, we specialize in immigration law and are ready to guide you through every step of the H-1B visa process. Contact us today to learn more about how we can support your immigration journey.