H-1B Process and Timeline: Labor Condition Application to Approval

Immigration » H-1B visas » Process and timeline

Once the employer is ready to file, the H-1B process has several steps. Cap-subject cases follow the registration timeline, while cap-exempt and extension cases can be filed on their own schedule.

Step 1: Labor condition application

The employer files a labor condition application, or LCA, with the Department of Labor, promising to pay at least the required wage and to maintain working conditions. The Department of Labor certifies the LCA, which is then used in the petition.

Step 2: The petition

• Form I-129 with the H supplement.
• The certified LCA and proof of the employer’s business.
• A letter that describes the job, duties, required education and the end client if the work is at another site.
• The worker’s degree, evaluation, resume and identification.
• Any required fees.

Step 3: Decision

USCIS can approve, deny or issue a request for evidence. Premium processing is available for many H-1B petitions and sets a faster clock for the first action. It does not change the standard.

Step 4: Change of status or consular processing

• If the worker is in the United States in a valid status, such as F-1, the petition can request a change of status that takes effect on the start date.
• If the worker is abroad, or the change of status is not approved, the worker applies for an H-1B visa at a consulate and enters the United States.

Step 5: Starting work

The employer completes the Form I-9 and the worker starts on or after the validity date. Keep the approval notice and I-94 record.

Planning points

• Start preparing early. Degree evaluations and wage research take time.
• Keep your current status valid during the process.
• Avoid travel while a change of status is pending unless we advise it.
• Tell us about any prior visa refusals or status violations.

H-1B visas guide

• H-1B visas overview
• H-1B Eligibility: Specialty Occupation and Degree Requirements
• H-1B Registration, the Cap and the Lottery
• H-1B Extensions, Transfers and Amendments
• From H-1B to a Green Card: Employer Sponsorship Options
• H-1B Guide for Employers: Obligations and Compliance
• H-1B Visa Frequently Asked Questions

How our firm helps with H-1B visas

• We review the job, the degree match and the wage level before anything is filed, so the petition tells a clear specialty-occupation story.
• We coordinate the registration, the labor condition application and the petition with your employer or the employer’s HR team.
• We prepare the support letter, the evidence and any response to a request for evidence.
• We plan transfers, extensions, amendments and the six-year clock so your status never lapses.
• We map the route from H-1B to a green card early, so a backlog does not catch you by surprise.

Situations we handle

• Workers not selected in the lottery who need a Plan B
• Transfers and job changes with portability questions
• Employers placing workers at client sites
• Extensions beyond six years tied to a green card case

Why clients choose our firm

• A Texas-licensed attorney serving immigration clients in all 50 states.
• Russian-language service for clients and families.
• Clear communication and updates through our client portal.
• A full review of your history before anything is filed, so problems are caught early.
• Organized filings and representation through interviews, requests for evidence and appeals.

Get help with h-1b visas

Request a consultation to review your situation. Legal plan members can mention their plan when booking.

This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Immigration rules, policies and fees change often. Last updated: November 2026.