Visa questions? We can help.

Dual intent means you can hold a temporary visa while also intending to apply for permanent residency (a green card).

The H-1B and L-1 visas are true dual intent visas. Most others, such as B-1/B-2, E-2, and F-1, do not permit dual intent, so pursuing a green card from those visas can create complications.

The O-1 is a special case: it is not a dual intent visa by law, but in practice, both USCIS and the Department of State usually treat it as if it were.

To qualify for an H-1B visa, you must have a job offer from a U.S. employer for a specialty occupation, meaning a role that requires highly specialized knowledge and at least a bachelor’s degree or higher in a directly related field.

If your degree is from outside the U.S., it must be evaluated for equivalency.

Additionally, the employer must comply with all Labor Condition Application (LCA) requirements, including paying at least the prevailing wage set by the U.S. Department of Labor (DOL) for that occupation and location.

Yes. The agency requires a legitimate employer-employee relationship, which typically involves the ability to “hire, pay, fire, supervise, or otherwise control the work” of the beneficiary.

This often requires a board of directors or independent investors with decision-making authority over the founder’s employment.

Since the number of H-1B applicants exceeds the available visas, the U.S. government conducts a random lottery each year.

There are 85,000 total H-1B visas, with 65,000 under the regular cap and an additional 20,000 reserved for individuals with a U.S. master’s degree or higher.

Employers must first submit an electronic registration in March during the lottery period. If selected and approved, the beneficiary can begin working on October 1, the start of the fiscal year.

However, some H-1B petitions are cap-exempt and can be filed at any time, bypassing the lottery. This applies to petitions filed by or on behalf of institutions of higher education, nonprofit research organizations, and government research institutions.

Additionally, H-1B extensions, transfers, and amendments for individuals already in H-1B status are not subject to the cap and can also be filed at any time.

The spouse of an H-1B visa holder can apply for an H-4 visa, but not all H-4 visa holders are eligible to work.

Only those whose H-1B spouse has an approved I-140 petition (a step in the Green Card process) can apply for Employment Authorization (EAD).

If approved, the H-4 spouse can work for any employer in the U.S. without restrictions.

Yes. Children with O-3 or H-4 visas may attend public schools without additional authorization.

No. O-1 visas can be renewed indefinitely in increments (usually 1–3 years), as long as you continue to meet the criteria.

Yes, premium processing is available when you change employers.

It allows USCIS to review the petition faster, helping you confirm your new work authorization more quickly so you can begin your new role without delays or uncertainty.

USCIS does not refund the H-1B premium processing fee if the petition is denied.

The fee is paid for expedited processing time, not for approval or a specific outcome.

No, premium processing does not change the legal standard applied to the case.

USCIS officers must use the same eligibility criteria for all H-1B petitions. However, in practice, premium processing cases may receive requests for additional evidence (RFEs) more frequently due to the shorter review timeframe.

No. The $2,805 premium processing fee is the same for all H-1B petitioners.

This includes both for-profit and non-profit organizations.

Yes, in certain cases.

• If the H-1B petition is filed online, the premium processing fee may also be paid electronically.
• If the petition is filed on paper, USCIS generally requires Form I-907 to be submitted in paper form with a physical payment.

Based on FY2026 data shared by USCIS, there is approximately a one in three chance of being selected in the H-1B lottery.

Out of 336,153 unique beneficiaries, 120,141 (35.7%) were selected to meet the annual H-1B quota of 85,000.

Legal guidance from experienced immigration attorneys helps ensure your registration and petition are strategic, compliant, and error-free.

Attorneys can also assist in responding to requests for evidence (RFEs), improving your overall chances of approval under the new wage-based lottery system.

Yes. Individuals with a master’s degree or higher from a U.S. institution of higher education receive two chances in the H-1B lottery.

They are first entered into the regular H-1B cap of 65,000 and, if not selected, entered again into the H-1B master’s cap of 20,000.

No. The H-1B lottery is not a first-come, first-served process.

Selections are made randomly after the registration window closes.

There is no separate lottery process for F-1 students.

They enter the same capped H-1B lottery as other applicants.

If an F-1 student holds a U.S. master’s degree or higher, they benefit from two chances: one under the regular cap and another under the master’s cap.

Yes, but you'll need to meet all the L-1A visa requirements independently.

That means you'd need a qualifying multinational employer, at least one year of qualifying employment abroad in a managerial or executive role within the past three years, and a U.S. entity with a qualifying relationship to the foreign employer.

Simply holding an E-2 doesn't give you any advantage in the L-1A petition process.

The L-1A offers a clearer path to permanent residence because of its dual intent status and direct EB-1C green card category.

The E-2 allows indefinite renewals but has no built-in route to a green card.

Business owners who want to stay in the U.S. permanently often find the L-1A more strategically valuable for their immigration process.

The L-1A is tied to employer sponsorship by a qualifying multinational organization.

The beneficiary can't use it to launch an independent venture.

However, if you own a company abroad and open a U.S. branch or subsidiary, you may be able to petition yourself as an L-1A intracompany transferee, provided all eligibility requirements are met.

An L-1A manager either supervises professional or supervisory staff (personnel manager) or manages an essential function (function manager).

An L-1A executive directs the management of the organization or a major component, makes wide-latitude decisions with limited oversight, and establishes goals and policies.

The executive role requires broader authority and a higher position in the organizational hierarchy.

Yes. The functional manager category was specifically created for individuals who manage an essential function rather than a team.

However, USCIS applies heightened scrutiny to these petitions.

You'll need to demonstrate that the function is essential to the organization, that you operate at a senior level, and that your work involves directing and planning rather than performing the function's core tasks yourself.

The most frequent denial reason is that the beneficiary performs primarily operational or hands-on duties rather than managerial or executive functions.

USCIS looks at how you actually spend your time, not just your job title.

If the majority of your workday involves performing the same tasks as your subordinates or doing production-level work, the adjudicator may conclude your role doesn't qualify.

Yes. USCIS requires that the beneficiary worked abroad in a managerial or executive capacity for at least one continuous year within the three years before the transfer.

The proposed U.S. position must also be managerial or executive.

Both positions are evaluated independently, so you'll need to submit evidence and supporting documents for each role.

No. Blanket petitions are only available to organizations engaged in commercial trade or services.

Nonprofits, religious organizations, and other noncommercial entities must use the individual petition route for L-1A transfers, even if they meet the other size and volume requirements.

USCIS initially approves blanket petitions for three years.

After that, you can renew the blanket indefinitely as long as your organization continues to meet the eligibility requirements.

The blanket covers future transfers, so you don't need to refile the organizational petition each time you move a new employee.

There's no published data comparing blanket and individual visa approval rates directly.

Consular officers adjudicating blanket beneficiaries can sometimes apply stricter scrutiny to the individual's role.

Well-prepared cases with clear managerial documentation typically do well.

The key is providing strong organizational charts and detailed role descriptions that distinguish the position from hands-on technical work.

No. Blanket petition beneficiaries must go through consular adjudication at a U.S. consulate abroad, which means they need to attend an in-person L-1 visa interview outside the United States.

If your employee is already in the U.S. and you want to avoid international travel, you'll need to file an individual petition on Form I-129 with USCIS.

No. Unlike the H-1B, where an approved I-140 enables three-year extensions beyond the six-year cap under AC21, there is no equivalent provision for the L-1A.

The seven-year maximum is a hard limit.

An I-140's value for L-1A holders is that it establishes your priority date and enables you to file I-485 when that date becomes current.

Not based on the I-140 alone. Your L-1A status is tied to your sponsoring employer.

However, if you've filed I-485 and it has been pending for 180 days or more, AC21 portability allows you to switch to a new employer in the same or a similar occupational classification without affecting your green card application.

Each L-1A extension can be granted for up to two years at a time.

The total time you can spend in L-1A status is seven years, including your initial period and all extensions combined.

Time previously spent in H-1B status also counts against this seven-year cap.

Yes, but there are constraints.

You must make the switch before reaching the sixth year of combined H/L time, the H-1B lottery may apply, and there's no special conversion process for L-1A holders.

The advantage of switching is that H-1B holders with an approved I-140 can get three-year extensions beyond the normal six-year H-1B cap, a benefit that isn't available on the L-1A.

Technically, yes. There's no legal prohibition against holding two full-time H-1B positions.

However, USCIS may question whether you can realistically work 80 hours per week for two different employers.

The agency could deny a petition if the arrangement seems implausible.

Under H-1B portability rules, you can begin working as soon as the second employer files a proper petition with USCIS.

However, if USCIS ultimately denies that petition, USCIS would consider your work for that employer unauthorized retroactively.

Some workers prefer to wait for approval to avoid this risk.

Yes. Each employer must pay the filing fees for their own H-1B petition, including the base fee and any applicable fraud prevention or American Competitiveness and Workforce Improvement Act (ACWIA) fees.

If the employer wants expedited processing, they also pay the premium processing fee.

Working for multiple employers doesn't prevent you from pursuing permanent residence.

You must demonstrate that you maintained lawful status throughout your time in the U.S.

Keep pay stubs, approval notices, and other documentation from all employers to support your adjustment of status application.

Yes. If your first job is with a cap-exempt nonprofit and you want to add a concurrent role at a for-profit company, you can do so even if the annual H-1B cap has been reached.

Just remember that your eligibility for the cap-subject position depends on maintaining your cap-exempt employment.

Regular L-1A visa processing time is approximately 3 to 8 months depending on the USCIS service center handling your case.

Processing times fluctuate, so check the USCIS processing times tool for current estimates.

With premium processing, USCIS guarantees an initial action within 15 calendar days.

A standard employer filing an initial L-1A petition pays approximately $2,485 in government fees.

Adding premium processing brings the total to around $5,290 through February 2026, or $5,450 starting March 1, 2026.

Large employers subject to the Pub. L. 114-113 fee pay roughly $6,985 before premium processing.

Attorney fees and relocation costs are additional.

The $500 Fraud Prevention and Detection Fee applies in specific situations.

Petitioners must submit this fee when seeking initial approval of L nonimmigrant status for a beneficiary.

The fee also applies when seeking approval to employ an L nonimmigrant who is currently working for another petitioner.

For blanket petitions, the fee is required when seeking approval for an L nonimmigrant to continue employment with an entity different from the previous petitioner.

In standard extensions with the same petitioner and no qualifying change, this fee is generally not required.

However, the I-129 base filing fee and the Asylum Program Fee still apply to extensions.

For many employers, yes.

Premium processing costs $2,805 (rising to $2,965 on March 1, 2026) and guarantees a USCIS response within 15 calendar days.

If your transfer has a firm start date or you are coordinating relocation logistics, the predictability often justifies the cost.

Without premium processing, regular adjudication may take 3 to 8 months with limited visibility into case timing.

Yes, if you meet the L-1A visa requirements.

You'll need to have worked for a qualifying multinational organization for at least one continuous year in the past three years, and the U.S. role must be managerial or executive.

Keep in mind that time spent in H status counts toward your L-1A maximum stay of seven years, so the sooner you switch, the more time you'll have.

It does.

The H-1B lottery selection rate has been roughly 25 to 30 percent in recent registration periods, meaning most candidates are not selected.

If your beneficiary is not picked, the employer cannot file the H-1B petition for that fiscal year.

This unpredictability is one reason many multinational employers prefer the L-1A for qualifying employees, since it has no cap and no lottery.

The L-1A generally leads to a faster green card through the EB-1C category, which does not require PERM labor certification.

H-1B holders typically go through EB-2 or EB-3, which require PERM and often involve longer processing times.

However, visa bulletin backlogs still apply to both categories depending on the beneficiary's country of birth.

Yes. Time spent in H and L nonimmigrant visa status counts toward the maximum stay for both categories.

If you've used four years on an H-1B and switch to an L-1A, you'll have three years remaining on the L-1A's seven-year maximum, not a fresh seven years.

This combined-time rule makes early green card planning essential for any foreign national on either visa.

Yes. If a beneficiary's role evolves from specialized knowledge work into a managerial or executive position, the employer can file a new Form I-129 petition to change the classification from L-1B to L-1A.

USCIS will evaluate the new role on its own merits, so the petition must demonstrate that the position genuinely meets the managerial or executive standard.

A successful reclassification carries two benefits.

First, the maximum stay extends to seven years (minus any time already spent in L status).

Second, the employee gains access to the EB-1C green card category, which can reshape the entire permanent residence timeline.

For companies that promote intracompany transferees into leadership, this switch is worth building into workforce planning.

No. Neither the L-1A nor the regular (individual) L-1B petition has a formal education requirement.

The L-1A is based on managerial or executive capacity, and the L-1B is based on specialized knowledge of the company rather than academic credentials.

However, L-1B petitions filed under a blanket L program do require the employee to meet additional criteria, including specific educational or experience thresholds.

This distinction sets the L-1 apart from the H-1B visa, which generally requires at least a bachelor’s degree or its equivalent as a core eligibility requirement.

Yes. Both L-1A and L-1B holders can bring their spouse and unmarried children under 21 on L-2 dependent visas.

L-2 spouses can apply for an Employment Authorization Document (EAD), which grants work authorization with any U.S. employer.

L-2 children can attend school but are not authorized to work.

In most cases, yes.

The L-1A offers two extra years of maximum stay and access to the EB-1C green card pathway, which skips PERM labor certification.

However, the petition must accurately reflect the role.

Filing an L-1A for a role that does not meet the managerial or executive standard risks a denial and delays the transfer.

If the role is genuinely a specialized knowledge position, the L-1B is the correct and stronger filing.

No. The L-1A has no education requirement. USCIS evaluates whether you serve in a genuine managerial or executive capacity and whether you meet the one-year employment requirement with the qualifying foreign organization. Your L-1A visa eligibility depends on your role, responsibilities, and employment history, not your academic credentials.

Yes. L-2 spouses receive employment authorization incident to their status. CBP issues an I-94 with an "L-2S" designation, which serves as proof of work authorization. A separate EAD is not required, though some L-2 spouses apply for one anyway. This makes the L-2 one of the more generous dependent visa categories for spousal employment.

No. The L-1A visa has no annual cap and no lottery. Your employer can file a petition at any time of year as long as all visa requirements are met. This is a key difference from the H-1B, which is subject to an annual cap of 85,000 and requires lottery registration.

Yes. The L-1A is a dual intent visa, so pursuing permanent residence will not affect your nonimmigrant status. Most L-1A holders pursue a green card through the EB-1C category, which does not require PERM labor certification. Your employer files Form I-140 on your behalf, and once your priority date is current, you can adjust status to permanent resident.

The L-1A visa itself doesn't automatically convert to a green card, but it positions you for the EB-1C green card category. Your employer must file a separate I-140 immigrant petition on your behalf. The advantage is that EB-1C uses the same managerial and executive criteria as the L-1A, and it doesn't require PERM labor certification.

The timeline depends on your country of birth. For most countries, EB-1 is current, so the main wait is I-140 processing (roughly 18 to 20.5 months at standard speed, or 15 days with premium processing).

For Indian nationals, add approximately 2.5 to 3 years of priority date backlog. For Chinese nationals, expect about a 2-year wait.

Concurrent filing of the I-140 and I-485 can shorten the process when your priority date is current.

Yes, with conditions. Under AC21, once your I-140 has been approved for at least 180 days, your employer can no longer revoke it.

Your priority date is preserved, and you can use it with a new employer who files a new I-140 on your behalf.

If you've already filed your I-485 and it's been pending for 180 days, you can also port to a new employer in a same or similar role without restarting the green card process.

No. The EB-1C category is specifically for multinational managers and executives, which aligns with the L-1A classification.

L-1B holders, who qualify based on specialized knowledge, typically pursue green cards through EB-2 or EB-3, both of which require PERM labor certification and often have longer wait times.

Your spouse must first be in valid dependent status (H-4, L-2, or E-2) or apply for that status concurrently.

For L-2 and E-2 spouses, work authorization begins upon entry when you receive an I-94 with the "S" designation.

H-4 spouses need to file Form I-765 after arriving and being admitted in H-4 status, though concurrent filing with a change of status application is also possible.

No. Since USCIS policy changes in 2021 and 2022, E-2 and L-2 spouses are authorized to work incident to status.

Their I-94 annotated with "E-2S" or "L-2S" serves as proof of work authorization.

Filing Form I-765 for an EAD card is optional and only needed if the spouse wants an additional identity and employment document.

No. Premium processing (Form I-907) is not available for any spouse-based EAD application.

This applies to H-4, L-2, and E-2 filings alike.

There is currently no way to expedite the processing time for a dependent spouse EAD through the standard premium processing service.

As of October 30, 2025, USCIS ended automatic EAD extensions for renewal applications.

This means if your current EAD expires before your renewal is approved, you will not have valid work authorization during the gap.

You must stop working until the new EAD is issued.

Filing your renewal application well in advance is critical to minimizing any disruption.

No. You cannot begin working until you physically receive the EAD card (Form I-766) from USCIS.

Filing the application or receiving a receipt notice does not authorize employment.

Given that processing time runs 3 to 6 months, plan your job search timeline accordingly.

It depends on the I-140 status. If the H-1B holder's I-140 was approved and remains valid (not revoked or withdrawn), the H4 EAD typically stays valid even after a job change.

However, if the new employer files a new I-140 and the old one is withdrawn, you could lose eligibility.

Consult an immigration attorney to evaluate your specific situation.

No. You must be physically present in the United States when you file Form I-765.

If you're abroad, you'll need to first enter the U.S. on a valid visa for H-1B spouse status and obtain or apply for H-4 dependent status before submitting the EAD application.

Premium processing is not available for H4 EAD applications.

In rare cases, USCIS may grant an expedite request based on severe financial loss, humanitarian reasons, or other qualifying criteria, but approvals are uncommon.

The standard processing time of 3 to 6 months applies to most applicants.

No. Form G-28 has no filing fee.

USCIS accepts it at no cost.

Your immigration attorney may charge their own professional fees for representing you, but the form itself is free to submit alongside your visa application, petition, or appeal.

Form G-28 is used for immigration matters before USCIS within the United States.

Form G-28I is a separate form used for matters outside the U.S., and it allows a broader range of representatives to file, including attorneys who are not licensed in the U.S. and certain family members.

If your case is handled domestically by USCIS, your attorney will use the standard G-28.

Yes. USCIS requires a new Form G-28 for each separate application, petition, or appeal.

Even if the same attorney is handling multiple filings for you, they must submit a new G-28 with each one.

The form applies only to the specific case it is filed with and does not carry over to other matters.

Yes. You are always allowed to represent yourself before USCIS.

Form G-28 is only necessary when you want a licensed attorney or accredited representative to act on your behalf.

If you choose to handle your own visa process, USCIS will communicate directly with you.

However, for complex petitions or cases involving RFEs, many foreign nationals find that working with an immigration attorney leads to better outcomes.

No. Form I-129 must be filed by the U.S. employer acting as the petitioner.

The foreign national beneficiary cannot self-petition.

The employer is responsible for completing the form, paying the filing fees, and providing supporting documentation to USCIS.

Standard processing time for I-129 petitions is typically between 2 and 8 months, depending on the service center and visa category.

With premium processing (Form I-907), USCIS guarantees a response within 15 business days.

Processing times can change, so it is recommended to check the USCIS processing times page for current estimates.

When USCIS approves an I-129 petition, they issue Form I-797, Notice of Action.

This approval notice serves as official evidence of the approved I-129 status.

The beneficiary may use it for visa stamping at a U.S. consulate or to document their authorized stay if already in the United States.

The total cost of a visa application depends on the visa type, employer size, and whether you use premium processing.

For an H-1B petition, a standard employer can expect to pay $3,380 to $7,380 in government fees alone.

Adding premium processing ($2,965) and attorney fees ($2,000 to $5,000) brings the total to roughly $5,380 to $15,345.

Other visa types like the O-1A or EB-1A have different fee structures and typically higher attorney costs.

No. USCIS does not refund filing fees if your petition is denied, withdrawn, or revoked.

This means a denial can be especially costly since you will need to pay the full set of government fees again if you choose to refile.

The only exception is premium processing: if USCIS does not meet the 15 business day deadline, you can request a refund of the I-907 fee.

For most employer-sponsored visas like the H-1B, the employer is legally required to pay certain fees, including the I-129 base filing fee, the ACWIA Training Fee, and the Fraud Prevention and Detection Fee.

The employer cannot pass these costs to the employee.

Premium processing fees can sometimes be paid by either party, depending on who benefits from faster processing.

Consular fees and travel costs are typically the employee’s responsibility.

The O-1 visa has one of the lowest government fee totals at $1,655 for a standard employer, since it does not require the ACWIA Training Fee or the Fraud Prevention and Detection Fee.

However, O-1A cases often require extensive evidence preparation, which drives attorney fees higher.

The cheapest overall cost depends on both the filing fees and the complexity of your particular case.

If you're not selected, your employer's H-1B registration for that fiscal year is not chosen, and no petition can be filed.

Your current visa status isn't affected by the non-selection itself, but you'll need to maintain valid status through other means, such as OPT, another work visa, or a new H-1B registration the following year.

Alternatives include pursuing a cap-exempt H-1B, applying for an O-1A visa, or exploring an L-1 intracompany transfer.

Yes. USCIS sometimes conducts additional lottery rounds later in the fiscal year if not enough selected registrations convert into filed petitions.

Your registration stays in the pool for potential later selection within that same fiscal year, so a non-selection in the first round doesn't necessarily mean you're out for the entire year.

The O-1A requires more upfront documentation because you need to prove extraordinary ability through at least 3 of 8 criteria. However, it removes the randomness of the H-1B lottery.

Many professionals in tech, research, finance, and entrepreneurship qualify for the O-1A based on achievements they've already accumulated. The evidentiary bar is higher, but the process is entirely merit-based.

A cap-exempt H-1B is an H-1B petition filed by an employer that isn't subject to the annual 65,000 + 20,000 visa cap.

Qualifying employers include universities, nonprofit research organizations, government research organizations, and nonprofits affiliated with institutions of higher education.

These employers can file H-1B petitions at any time without entering the lottery. Read our full cap-exempt guide for details.

A cap-exempt H-1B is a work visa petition filed by an employer that's exempt from the annual H-1B cap of 65,000 visas (plus 20,000 for U.S. advanced degree holders). These employers can file H-1B petitions at any time of year without entering the lottery.

Qualifying employers include universities, nonprofit research organizations, government research organizations, and nonprofits affiliated with institutions of higher education.

Moving from a cap-exempt employer to a cap-subject employer generally requires going through the H-1B lottery, because the cap exemption is tied to the employer, not the individual.

However, there are two exceptions. If you were previously counted against the H-1B cap and still have time remaining on your six-year limit, you may qualify for an exemption from the lottery.

If you hold both a cap-exempt and a cap-subject position concurrently, the cap-subject employer can file an H-1B petition without going through the lottery, since you've already been counted against the cap through your concurrent employment.

Without premium processing, regular H-1B processing times vary and can take several months depending on the USCIS service center.

With premium processing ($2,965), USCIS guarantees an initial response within 15 business days. Cap-exempt petitions follow the same processing timeline as cap-subject petitions.

Yes. Cap-exempt H-1B holders can pursue permanent residence through the same employment-based green card categories (EB-1, EB-2, EB-3) as cap-subject H-1B holders.

The H-1B visa allows dual intent, meaning you can apply for a green card without jeopardizing your nonimmigrant visa status.

Your cap-exempt employer can sponsor your green card petition, or you can pursue self-petitioned categories like the EB-1A or EB-2 NIW (National Interest Waiver) if you qualify.

Yes, you can form a legal entity like an LLC or corporation while on H-1B status. Forming a company is a passive activity, and there's no immigration rule against it.

But forming the entity and working for it are two different things. You can't perform work for your LLC unless it sponsors your H-1B and the employer-employee relationship requirements are met.

No. H-1B authorization is employer-specific. You can only work for the employer listed on your approved H-1B petition.

Freelancing, consulting for other companies, or doing contract work on the side all count as unauthorized employment, even if the work is occasional or unpaid.

It can, but only if you hold a minority ownership stake and the company has a governance structure that gives others genuine authority over your employment. If you're the majority owner, USCIS will likely find that no valid employer-employee relationship exists.

The safest approach is to self-sponsor through a properly structured company with co-founders or board members holding majority control.

The O-1A visa is often the strongest option for founders who want majority ownership and operational control. It can be sponsored by an agent, avoids the employer-employee relationship issue entirely, and has no annual cap.

For founders focused on a permanent solution, the EB-1A or EB-2 NIW green card allows self-petitioning without any employer sponsor.

The first step after your H-1B registration is selected is for your employer to file a Labor Condition Application (LCA) with the Department of Labor. Once the LCA is certified (typically within 7 business days), your employer can begin assembling and filing the full I-129 petition with USCIS.

The filing window for FY 2027 selections runs from April 1 through June 30, 2026.

With regular processing, H-1B petitions take 3 to 6 months after filing, depending on the USCIS service center. Premium processing guarantees an initial response within 15 business days and costs $2,965.

If timing is a concern for your October 1 start date, premium processing removes the uncertainty.

No. Cap-subject H-1B employment can only begin on October 1 of the fiscal year, regardless of when the petition is approved.

If you're already in the U.S. on another valid work authorization (like OPT), you can continue working under that status until October 1, when your H-1B status kicks in.

A denial means the employer's petition didn't meet USCIS requirements. Common reasons include insufficient evidence of a specialty occupation, issues with the beneficiary's qualifications, or problems with the employer-employee relationship.

If denied, you won't get the lottery selection back for that fiscal year. Your employer may be able to file a motion to reopen or reconsider, or you can explore alternative visa options depending on your situation.

No. Federal regulations require the employer to pay the I-129 base filing fee, the ACWIA training fee, and the Fraud Prevention and Detection fee. The employer also can't deduct these amounts from the employee's salary.

The employee may pay for premium processing if it's for their own benefit, but the core petition costs are the employer's legal responsibility.

For a company with 25 or fewer employees filing an initial H-1B petition without premium processing, expect to pay roughly $4,510 to $6,010 including USCIS fees and attorney costs.

Adding premium processing brings the total to approximately $7,475 to $8,975. The $100,000 proclamation fee may also apply if your employee needs consular processing.

No. The $100,000 fee introduced by Presidential Proclamation 10973 applies only to new H-1B petitions that require consular processing. It doesn't apply to extensions with the same employer or to change-of-status filings where the beneficiary is already in the U.S.

The fee is currently under legal challenge, with three lawsuits pending as of early 2026.

Not necessarily. USCIS adjusts filing fees periodically, and the premium processing fee was last updated on March 1, 2026, to $2,965. The $100,000 proclamation fee is also new as of late 2025 and could be struck down or modified by the courts.

Check current USCIS fee schedules before budgeting, and consider working with an attorney who tracks these changes.

No. The H-1B requires a U.S. employer to file Form I-129 on your behalf. The employer is the petitioner and must demonstrate a valid employer-employee relationship, file the LCA, and pay mandatory fees.

There is no way for an individual to self-file an H-1B petition.

The two green card categories that allow self-petitioning are EB-1A (extraordinary ability) and EB-2 NIW (National Interest Waiver). Neither requires an employer or PERM labor certification.

EB-2 NIW is generally considered more accessible than EB-1A because the standard focuses on the national interest of your work rather than extraordinary ability, but both require strong evidence and a well-prepared petition.

You can form a company that petitions for your H-1B, but only if there's a legitimate employer-employee relationship. That typically means a board of directors with majority control over your employment.

USCIS will deny petitions where the beneficiary is also the sole owner and decision-maker.

The O-1A is a nonimmigrant visa for individuals with extraordinary ability or achievement. While it's not a true self-petition, it can be filed by an agent rather than a traditional employer, which makes it the closest work visa to self-sponsorship.

It's a popular choice for founders, freelancers, and consultants who don't have a single U.S. employer.

The cost depends on the visa type and employer size. For an H-1B petition, large employers typically pay $6,000 to $13,500 in government and attorney fees combined (without premium processing). L-1 petitions generally run $6,500 to $12,500, and O-1A cases $7,500 to $14,000.

If you add green card sponsorship through the PERM process, total costs can reach $20,000 to $40,000 or more over several years.

No. The employer is legally required to pay certain H-1B fees, including the I-129 base fee, the ACWIA Training Fee, and the Fraud Prevention and Detection Fee. Asking the employee to reimburse these costs violates Department of Labor regulations.

However, the employee can pay for premium processing if the faster timeline benefits them personally.

Employer green card sponsorship through the PERM, I-140, and I-485 route typically ranges from $14,000 to $30,000. This includes recruitment advertising ($1,000 to $3,000), the I-140 filing fee ($715 plus the Asylum Program Fee), and attorney fees ($8,000 to $18,000+).

The I-485 adjustment of status fee ($1,440) is often covered by the employer but isn't legally required.

The timeline varies widely. An H-1B petition takes 1 to 6 months (or 15 business days with premium processing). The green card process adds significantly more time: the PERM stage alone can take 12 to 18 months, and the I-140 takes another 6 to 12 months without premium processing.

For employees from countries with per-country backlogs (India, China), the wait for a visa number can stretch 5 to 15+ years after the I-140 is approved.

Yes. While employers must pay the base filing fees (I-129, ACWIA, fraud prevention, and asylum program fees), the H-1B premium processing fee is one of the few fees that the beneficiary can pay.

Many workers choose to cover the $2,965 themselves when they want faster processing but their employer prefers regular filing.

USCIS refunds the $2,965 premium processing fee and continues to process the petition on a premium basis. You don't lose the expedited treatment.

In practice, most premium processing cases receive a decision within the 15-business-day window.

Yes. Your employer can file Form I-907 at any point while the I-129 petition is pending. The 15-business-day clock begins when USCIS receives the upgrade request.

This is a common approach when regular processing takes longer than expected or circumstances change.

No. Premium processing only affects speed, not the outcome. USCIS applies the same standards whether a petition is filed under regular or premium processing.

The adjudicator reviews the same specialty occupation requirements, employer qualifications, and supporting evidence regardless of processing track.

Yes. Your new employer files a separate I-129 petition directly with USCIS, and your current employer isn't notified as part of that process. You're under no legal obligation to inform your current employer until you're ready, though practical considerations like employment contracts, non-compete clauses, and notice periods may apply.

Most people wait until they have the USCIS receipt notice before giving notice at their current job.

The H-1B visa transfer timeline varies based on the processing track. Regular processing takes roughly three to six months, while premium processing guarantees USCIS action within 15 business days.

Under AC21 portability, you can begin working for the new employer once the petition is filed and you have the receipt notice, so you don't necessarily have to wait for full approval to start your new role.

No. Since you've already been counted against the H-1B cap, a change-of-employer petition is cap-exempt. Your new employer can file Form I-129 at any point during the year without waiting for a lottery selection.

This applies regardless of whether your original H-1B was obtained through the regular cap or the advanced-degree exemption.

The mandatory government fees add up to approximately $2,630 to $3,380 depending on employer size. This includes the $780 I-129 filing fee, the ACWIA training fee ($750 or $1,500), the $500 fraud prevention fee, and the $600 asylum program fee for larger employers.

Premium processing adds $2,965 on top of those amounts. Attorney fees, which are separate, typically range from $2,000 to $5,000.