Sponsoring an H-1B employee can be a game-changer for your company’s talent strategy - but the process is complex. This ultimate employer’s guide will show you how to sponsor an H-1B employee in the US step by step, breaking down every stage from determining eligibility to filing paperwork to post-approval compliance. In the first 200 words, we’ll give you a quick answer: Sponsoring an H-1B involves registering for the H-1B lottery (for most employers), obtaining a certified Labor Condition Application (LCA) from the Department of Labor, then filing a Form I-129 petition with USCIS with supporting documents and fees. It typically takes a few months, and there are specific obligations (like paying prevailing wages and maintaining public access files) that employers must meet.

This guide matches the intent of both searchers and AI queries - whether you’re an HR manager wondering “What documents are required to file an H-1B petition?” or a startup founder asking “Can small businesses sponsor H-1B employees?”, we’ve got you covered. We’ll use straightforward language (no legalese overload) and authoritative insights, including unique statistics and examples, to ensure you fully understand the H-1B employer process. By the end, you’ll know exactly how to sponsor an H-1B visa and how to stay compliant, saving you time and reducing stress. Let’s dive in.

(Throughout this guide, we’ll reference official sources and practical tips. You’ll also find links to other Gale Visa resources for deeper dives on certain topics, like Labor Condition Applications or H-1B compliance software, which can further assist in your H-1B journey.)

Overview: What Does H-1B Sponsorship Mean?

Sponsoring an H-1B employee means your company is taking on the role of petitioning employer for a foreign professional to work in the U.S. in a “specialty occupation.” A specialty occupation is one that generally requires at least a bachelor’s degree in a specific field. Common examples include software engineers, scientists, accountants, architects, and many others - even some teachers and higher-level nurses, which we’ll discuss. When you sponsor someone, you commit to specific obligations such as paying them a required wage and providing certain legal attestations.

In practical terms, H-1B sponsorship process involves these high-level steps (detailed in the next section):

Register for the H-1B Cap (Lottery) - if the job is subject to the annual H-1B quota.

File a Labor Condition Application (LCA) with the Department of Labor - this attests to the wage and work conditions.

Prepare and file Form I-129 (H-1B petition) with USCIS - with all supporting documents and fees.

Await USCIS decision - and respond to any Requests for Evidence if issued.

H-1B approval and onboarding - the employee can start (or continue) work, and you must maintain compliance during their H-1B employment.

We’ll go through each step in depth. But first, let’s clarify some eligibility basics:

• The job must require a degree in a relevant field (you’ll need to describe duties to show it’s a specialty role).
• The candidate must have the appropriate degree (or equivalent experience).
• You, as the employer, need a legitimate, paid, full or part-time job offer for them (and generally, the resources to pay the wage).
• For cap-subject H-1Bs, there’s an annual limit of 85,000 new visas (65k general + 20k for U.S. advanced degree holders) and usually far more applicants, so a lottery decides who can file (more on this shortly).

Now, how long does it take to sponsor an H-1B? The timeline can vary. If the person needs a brand new H-1B under the cap, you’ll likely participate in the March registration and, if selected, file by June for a start date of October 1. In that scenario, starting from scratch in, say, January, the whole process might take 6-9 months (with most waiting time being the lottery and USCIS processing). If the person is already on H-1B (transfer) or it’s cap-exempt, it could be quicker - 2 to 4 months perhaps. We’ll provide more detailed timelines further below, including typical H-1B processing times.

Keep in mind, H-1B obligations begin once the employee is on board: you must pay at least the prevailing wage, post notices, and adhere to terms. But don’t worry - we’ll cover compliance in its own section.

Let’s get into the step-by-step guide now.

Step-by-Step Guide: How to Sponsor an H-1B Employee

This section provides a structured roadmap for employers. How do I sponsor an H-1B employee in the US, step by step? Here’s each step explained:

Step 1: Planning and Eligibility Check

Before any paperwork, confirm that the position and candidate qualify for H-1B:

• Specialty Occupation: Does the role typically require at least a bachelor’s degree in a specialized field? For example, a software developer role usually requires a CS or related degree - that fits. A general office clerk wouldn’t. If the role is unusual, gather evidence (job postings, expert opinions) that the norm is to need a degree.
• Candidate’s Credentials: The foreign national should have the required degree (or higher). If they have a foreign degree, you’ll likely need an evaluation to show it’s equivalent to a U.S. bachelor’s. They can also qualify through experience (3 years of progressive experience can substitute 1 year of college in some cases - e.g., 12 years experience ~ bachelor’s). Check that now.
• Cap-Exempt or Cap-Subject: Determine if this job might be cap-exempt. Cap-exempt H-1B petitions are those for (a) universities or affiliated non-profits, (b) nonprofit research or government research organizations, or (c) for a person who already has an H-1B counted against the cap (like an H-1B transfer or extension). If you’re a private company hiring someone new from abroad, you’re likely cap-subject and will need the lottery. But if you’re a university hiring a professor, you can skip the lottery and file anytime (because universities are exempt from the cap per regulations).
• Timeline: Consider timing. If you need someone to start in, say, the fall and they are overseas without H-1B, you must hit the lottery timeline in March. If you miss that, you wait till next year or explore alternatives. If the person is already on H-1B with another employer (transfer case), you can file any time and they can start upon USCIS receipt of your petition (or approval, depending on circumstances - but generally portability rules allow start after filing).

Also have a candid talk with the candidate. Ensure they’re on board with the timeline and any uncertainty (especially for lottery). Sometimes candidates might ask “Can I self-sponsor an H-1B?” The answer is no - an H-1B must be sponsored by an employer, not by the individual themselves (more on the concept of self-sponsorship later). So they do need you to handle this.

Finally, check if the candidate or position might qualify for alternatives if H-1B fails (like L-1 for internal transfers, O-1 for extraordinary ability, or maybe the H-1B1 for citizens of Chile/Singapore, etc.). It’s good to have plan B’s but assume H-1B for this guide.

Step 2: H-1B Cap Registration (if applicable)

If you’re filing a cap-subject H-1B (most private employers hiring first-time H-1Bs are), the process starts with the H-1B electronic registration in March. Here’s what to do:

• Create a USCIS registration account: Typically in February, USCIS announces the registration period. You (or your attorney) go to the USCIS website’s H-1B registration portal and set up an account.
• Enter beneficiary details: For each candidate you want to sponsor, you submit a registration with basic info: name, passport number, country of birth, etc. There’s a $10 fee per registration. It’s a quick form - USCIS doesn’t ask for full petition details at this stage.
• Submit during the window: The window is usually March 1 to March 20 (exact dates vary slightly). You can register multiple beneficiaries (but only once each; duplicate entries for the same person by the same employer will invalidate all that person’s entries).
• Lottery results: After the window, USCIS runs a random selection if registrations exceed the cap (which they do - a recent stat: For FY2024 season, over 780,000 registrations were submitted for the 85,000 slots, resulting in a selection rate of about 15%. For FY2023, ~483k submissions, ~27% selection). USCIS typically notifies by March 31 if your registration was selected. You’ll get a notice in the online account.

If selected, congrats - you can proceed to file the full petition (Steps 3 onward). If not selected, the person can’t get an H-1B this fiscal year under the cap. They might try again next year, or you might consider cap-exempt strategies or other visa types.

Tip: You don’t need to prove the candidate’s qualifications or job details during registration. But you should still be sure they’re eligible (from Step 1) because if selected, you’ll need to file a complete petition. Also, there have been instances of multiple selections - e.g., in 2023, USCIS ran a second lottery in July due to low filing rates from the first round. So keep the door open; if your person wasn’t picked in March, there’s a slim chance of a re-pick later if needed.

(If you’re cap-exempt, skip this step. For example, sponsoring an H-1B visa for teachers in a public school system might be cap-exempt if the school is a nonprofit educational institution. Similarly, sponsoring an H-1B for nurses at a nonprofit hospital affiliated with a university could be cap-exempt. Otherwise, those roles go through the lottery like others.)

Step 3: File the Labor Condition Application (LCA)

The Labor Condition Application (LCA) is a prerequisite to the H-1B petition. It is filed with the U.S. Department of Labor (DOL) on Form ETA 9035/9035E. The LCA’s purpose is to ensure you will pay the H-1B worker a fair wage and that hiring them won’t negatively affect U.S. workers.

Key points about the LCA:

• Prevailing Wage: You must pay at least the “prevailing wage” for the position in the geographic area of work (or the actual wage you pay similar employees, whichever is higher). The prevailing wage is essentially the average wage for the role in that area. You can determine this from the DOL’s wage data (OES database via the FLC Data Center) or other surveys. Many employers use the government wage library - for example, if hiring a Software Developer in Austin, TX, you look up the prevailing wage for that occupation and area, typically given in levels (Level 1 for entry, up to Level 4 for very experienced). Ensure your offered salary meets or exceeds it.
• Filing the LCA form: You (or your attorney) submit the LCA through the online FLAG system. It asks for details like employer info, job title, job duties summary, worksite location(s), number of employees in that role, wage offered, prevailing wage source, period of employment, etc. You’ll also make attestations: that you will pay the required wage, that working conditions for others won’t be undermined, that there’s no strike or lockout, and that you’ve notified employees of this filing.
• Notice requirement: You must notify your workforce that you are filing an LCA. This is done by posting a notice of the filing in two conspicuous places at the worksite (or electronically on an intranet or email to employees) for at least 10 business days. The notice includes details about the job and pay. If fully remote, you might post at your company HQ or use electronic notice. You don’t send this notice to the government, but you keep proof (e.g., a screenshot of the intranet posting or a signed statement of where/when it was posted).
• Processing time: DOL typically certifies LCAs within 7 business days if everything is in order. It’s pretty fast - mostly an automated check for completeness. However, first-time filers might face a delay if DOL needs to verify your Federal Employer Identification Number (FEIN). DOL may email asking for proof of FEIN (like IRS letter 147C) if not already in their system. Responding quickly can keep things on track. Plan for about a week to get the LCA certified.

Once certified, the LCA is like a PDF document with DOL’s stamp. You (and your attorney, if any) sign it. You’ll include this in the H-1B petition package. Also, now that it’s certified, you must set up the Public Access File (PAF) at your office (physical or electronic). The PAF must include: the LCA, a statement of the wage offered, how you calculated the actual wage, documentation of the prevailing wage (e.g., printout from DOL or survey), proof of the notice posting, and a summary of benefits offered to employees. (If you use Gale or similar software, much of this is auto-generated and stored for you.) If you’re doing it manually, make a folder with these items. You’re required by law to have this available in case anyone asks to see it, within one day of filing the LCA.

Common question: “What is the prevailing wage determination for an LCA and how do I get it?” You can either rely on the DOL’s published Occupational Employment Statistics (OES) wages (quickest method) or submit a request to the National Prevailing Wage Center for a formal determination. Most H-1B employers use the OES lookup on flcdatacenter.com for speed - it shows wages by SOC code and area. For example, prevailing wage for a Level 2 Mechanical Engineer in Detroit might be $85,000 (hypothetical). You ensure your salary meets that. If you want absolute certainty or a tailored wage (especially for uncommon roles), you can file a Prevailing Wage Request (ETA-9141) to DOL which takes 2+ months - usually done for green cards, not H-1Bs due to time. So practically, use the wage data available, or if using a lawyer, they’ll pick the right wage level.

(Side note: If you are sponsoring an H-1B teacher or nurse, note that prevailing wages can be tricky. For teachers, the wage depends on the school district and qualifications (e.g., a high school math teacher in NYC has a certain prevailing wage). For nurses, many general RN positions don’t qualify as specialty occupations unless they require a bachelor’s - but some advanced nursing roles or those at research hospitals do. If proceeding, ensure the job truly requires a BSN or higher and check wage data for that specific role (there are SOC codes for Nurse Practitioners, etc.).)

Step 4: Prepare the H-1B Petition (Form I-129 Package)

With a certified LCA in hand, the main event is filing the Form I-129, Petition for a Nonimmigrant Worker to USCIS. This is the formal H-1B petition. Here’s what you need to compile:

Forms and Fees:

• Form I-129 and the H Classification Supplement (and H-1B Data Sheet). This is the core form where you fill details about company, job, beneficiary, etc. It’s quite detailed - many employers have attorneys draft it, but if you’re DIY, follow USCIS instructions closely.
• Form I-907 (if using Premium Processing). Premium is optional; it costs $2,500 and guarantees a 15-day initial response (approval, denial, or RFE) from USCIS. Many employers use premium if they need a quick answer or if the person is waiting to transfer. You can file it with the main petition or later.
• Filing fees: There are several:
  • Base I-129 filing fee: $460 (required for all H-1Bs).
  • ACWIA fee (training fee): $750 for employers with 1-25 full-time employees, or $1,500 for 26+ employees. (This fee funds U.S. worker training programs. Note: some employers like universities are exempt from this fee).
  • Fraud Prevention fee: $500 (for initial H-1B or switching employers).
  • Public Law 114-113 fee: $4,000 for large employers that have 50+ employees with over 50% on H-1B/L-1 (this mainly hits big outsourcing companies). Most regular companies don’t pay this.
  • Premium Processing fee: $2,500 if you opt for premium.
  • $10 registration fee: (already paid at lottery stage if applicable). So, for a typical first-time H-1B at a company with over 50 employees, the total government fees would be $460 + $1500 + $500 = $2,460 (plus $2,500 if premium, making $4,960). If you’re a small company, it’d be $460 + $750 + $500 = $1,710 (plus premium if chosen). All these must be paid by the employer, except the premium fee which either can pay (though many employers cover that too). USCIS will reject the petition if fees are missing or incorrect, so double-check amounts and separate checks for each fee.

Supporting Documents (Evidence): This is critical. You need to include evidence for both the job’s qualifications and the beneficiary’s qualifications:

• Certified LCA: The one you got in Step 3 (signed by you).
• Job offer/support letter: It’s wise to include an employer letter describing the job, duties, why it’s a specialty occupation, and confirming the wage and employment terms. This letter (on company letterhead) is addressed to USCIS and essentially “sells” the petition. It can mention how the role requires a degree and how the person meets it.
• Company information (optional but helpful): If you’re a smaller or newer company, include things like a printout of your business registration, a brochure or website print, etc. USCIS sometimes wants to verify the company’s legitimacy. Large well-known firms often skip this. But a small business sponsoring H-1B should include evidence they are real and can pay the salary (like financial statements, number of employees, etc.), because USCIS might otherwise doubt the viability.
• Beneficiary’s qualifications:
  • Copy of their passport (identity page).
  • Copy of their degree certificates and transcripts. If not in English, include translations.
  • Credential evaluation for foreign degrees. You can obtain an evaluation from a reputable service to confirm the foreign degree is equivalent to a U.S. bachelor’s in X field.
  • If qualifying by experience, include detailed experience letters from past employers outlining their duties and how it’s related.
  • If the role requires a license (e.g., if you sponsored an H-1B visa for a teacher in public school, perhaps a state teaching license is needed; or for an engineer, maybe a state license), include proof of the beneficiary’s license or why not needed.
• Evidence of specialty occupation: This can be:
  • A detailed job description highlighting the specialized tasks.
  • The degree requirement in job postings for similar roles (yours or industry examples).
  • An organizational chart showing the position in context (useful if showing it’s not an entry-level trivial role).
  • If the position is uncommon, expert opinion letters or industry standards showing a degree is normally required.
  • If you’re sponsoring an H-1B visa for engineers, teachers, nurses etc., you might include proof that such positions typically need degrees or special skills. For a teacher, for instance, state requirements that teachers have a bachelor’s and teaching credential. For a nurse, maybe evidence that the particular nursing role (like a Clinical Nurse Manager) requires a BSN.
• Employee’s immigration documents (if in the U.S.): If the person is already in the U.S., include copies of their current I-94, prior approval notices (H-1B or other status), visas, etc. This shows they’re maintaining status. If they’re abroad, you don’t need that (they’ll get the visa at a consulate after approval).
• Public Access File prep: You don’t send the whole PAF, but you could include a statement that “we’ve complied with notice posting from X to Y dates and will maintain the PAF.” Not mandatory, but good practice to avoid any doubt about compliance.
• Form G-28 if an attorney is filing on your behalf (notice of representation).

Organize all of this. Many petitions end up several inches thick with paper, but remember quality over quantity - provide what’s needed to meet H-1B criteria:

The job is specialty (degree required).

The person is qualified (has that degree or equivalent).

There’s a valid employer-employee relationship (they’ll be your employee, not an independent contractor; if the person is a founder or owner, you need to show oversight like board control - see H-1B self-sponsor discussion later).

You’re paying the right wage (LCA covers that).

You’ve paid the fees and filled forms correctly.

Before filing, double-check everything. A small mistake (like a typo in the name or forgetting a signature) can lead to rejection or an RFE. USCIS provides a Checklist of Required Initial Evidence for Form I-129 for H-1B petitions - essentially all the stuff we listed. For instance, they expect to see evidence of the beneficiary’s education and a copy of the certified LCA. If you follow this guide, you’ll include all those.

Once ready, assemble the package in order (forms, fees, cover letter, supporting docs) and send to the appropriate USCIS address (depends on work state and whether premium - USCIS instructions provide filing addresses). If premium, you can also file electronically in some cases, but currently most H-1B filings are mailed.

Step 5: USCIS Processing (What to Expect)

After sending off the petition, USCIS will issue a receipt notice (usually within 2-3 weeks for regular processing, or within days if premium by email). The receipt confirms they are processing it and gives you a tracking number.

Processing times: Without premium, it can take anywhere from 1 to 6 months or more, depending on USCIS backlogs. The California Service Center or Vermont Service Center (which handle H-1Bs) often have posted times like 2-4 months for H-1B. Premium processing guarantees a response in 15 calendar days, which many employers find worth it to get certainty. If you didn’t file premium initially and a month or two passes with no action, you can always upgrade by filing Form I-907 and paying $2,500, and USCIS will then expedite.

Outcomes:

• Approval: Congratulations - you’ll get an approval notice (Form I-797A if the person is in the U.S. and got a change/extension of status, or I-797B if consular processing).
• Request for Evidence (RFE): If something is missing or USCIS doubts something (very common RFEs include: “specialty occupation” queries asking for more proof the job is complex, or wage level issues, or if it’s a small company, proving ability to pay and that the job is real). An RFE will specify what they want. You typically have 87 days to respond. Answer thoroughly with additional docs or explanations. After response, USCIS resumes processing.
• Denial: Rare if everything was done right (denial rates are low now - only ~2% overall in 2022). If it happens, you can consider re-filing or appeal (Motion to Reopen/Reconsider or go to court in rare cases). But ideally, with strong initial filing or RFE response, you won’t reach a denial.

Starting work: If this is an H-1B transfer (change of employer) for someone already in H-1B status, you can actually have them start working as soon as USCIS receives your petition (thanks to H-1B portability rules). Many employers wait for the receipt notice then have the person join, even before approval. That’s legal, though if the petition later gets denied, the person would have to stop. If it’s a cap-subject new H-1B (lottery case), those all have an effective start date of October 1 of that fiscal year. Even if approved earlier (say in July), the person cannot start until October 1 (unless they had some other status allowing earlier work). If they’re abroad, after approval they must get the visa stamp and then come, which could be around October.

Example timeline (cap case): Register in March 2025, get selected, file petition by June 2025, approval by August 2025, employee starts Oct 1, 2025.Example timeline (transfer case): File petition April 2025 with premium, approval by late April, employee can transfer and start early May 2025.

Step 6: Onboarding and Compliance Obligations

Once approved, you’ll get the I-797 approval notice. If the employee is in the U.S. changing status or transferring, they’ll get a new I-94 attached to that (if I-797A). They can continue or start working immediately from the validity date. If they’re abroad, they’ll use the I-797 to apply for an H-1B visa stamp at a U.S. consulate, then enter in H-1B status. As the employer, your sponsorship job isn’t done at approval - now you enter the compliance phase.

Employer obligations under H-1B sponsorship include:

• Pay the Required Wage: You must pay at least the wage on the LCA (which is at least the prevailing wage). And begin paying from the time the H-1B worker becomes eligible to work (for new hires, within 30 days of them entering the U.S. or 60 days of their change of status if already here). “Benching” without pay is not allowed for nonproductive time (except limited furlough-like situations still requiring pay in many cases). If you terminate the employee early, you are on the hook to offer to pay their return transportation home.
• Maintain Public Access File: As discussed, keep the PAF with LCA, wage info, posting notice, etc., available for any request. You don’t send it to the government proactively, but you must have it. (Regulations say any person can ask to see it, and you must provide it readily, though in practice mostly it’s for DOL inspections).
• Notify USCIS of material changes: If the H-1B employee’s work location changes to a different metropolitan area, you usually need to file an H-1B amendment with a new LCA for that area before they move. Promotions or changes in duties that are significant might also warrant an amendment. Minor changes (title change without duty change, salary raise above prevailing wage, moving within same metro area) often just require an LCA posting or no action, but keep an eye. When in doubt, consult an attorney. Also, if the employment ends early, you must withdraw the LCA and the H-1B petition to notify the government (so you aren’t responsible for obligations beyond that).
• Site visits and audits: USCIS may do random site visits (through FDNS) to verify the person is working at the location and job described. Always ensure what you told USCIS remains true. DOL can audit LCA compliance - which is why having that PAF is crucial. In 2022, H-1B employers like yours collectively filed over 600,000 LCAs; DOL does spot checks to enforce the rules. If you’ve kept good records and paid correctly, these are fine.
• Caps and duration: Remember an H-1B is generally valid 3 years, renewable for 3 more (total 6 years) except some extension benefits if a green card process is pending. Mark your calendar for when you need to file extensions (start ~6 months before expiration). Also note the employee can only be on H-1B for your company during the validity - if they leave, you should withdraw the petition. If they later return, you’d file a new petition (cap-exempt if they had time left).

Can small businesses sponsor H-1B employees? Yes, absolutely - there is no minimum size for an H-1B sponsor. Even a company with 5 employees can do it. However, small companies should be prepared to prove they are a real, viable business. USCIS sometimes scrutinizes whether the company can truly employ and pay the H-1B worker. For example, a startup with no revenue might get an RFE to show funding or customer contracts. Provide those if needed. Also, if the H-1B worker is one of only a few employees, USCIS might question the employer-employee relationship (especially if the person is a founder/owner). In that case, show that there is a board or someone other than the beneficiary who can fire or control their employment - this establishes a valid relationship. Many small companies successfully hire H-1Bs (for instance, in FY2022, over one-third of H-1B approvals were for employers with under 50 employees, demonstrating that small businesses can and do sponsor). Just be ready to answer extra questions.

How many H-1B visas can a company sponsor each year? There’s no legal limit on how many H-1Bs one employer can file or employ. The only limits are the annual cap (total new H-1Bs across all employers is 85k regular + adv degree) and practical considerations like ability to pay and scrutiny if you have a very high ratio of H-1B workers. Some very large companies sponsor hundreds or even thousands of H-1Bs. For example, Amazon and related entities had over 12,000 H-1B approvals in FY2022 - the most of any employer. So you can sponsor as many as you legitimately need. If a company starts filing huge numbers without commensurate U.S. workforce or revenue, it might draw fraud suspicion (to prevent shell companies mass-filing for lottery spots). But legitimate hiring for real jobs has no cap per employer. So if you’re growing and need 10 H-1B engineers, you can attempt all 10 (each needs its own LCA and petition).

Costs recap: By now you see the costs: government fees (we listed, roughly $1.7k-$2.5k+ per petition depending on company size and choices), plus any attorney or service fees if you use them. Also factor in the prevailing wage salary (which you’d pay as any payroll cost). There can be incidental costs like translation fees or travel for consular visa stamping. The employer must pay the $500 fraud fee and ACWIA fee; those cannot be passed to employee. You can’t deduct these from salary either. Attorney fees can technically be paid by the employee if it’s for their benefit, but practically many companies cover all H-1B related fees as a perk and also to avoid any Department of Labor issues (DOL can consider an employee-paid attorney fee as coming out of their wage, potentially causing a wage compliance issue if it dips net below prevailing wage). So best practice: company pays for everything except maybe premium processing if an employee insists on expediting for personal reasons.

Finally, consider involving technology to manage your obligations. For instance, Gale (the platform from Blog 1) or other immigration management tools can help automate reminders for when an H-1B is due for extension or when an LCA needs reposting for a location change. Especially as you sponsor multiple employees, keeping deadlines straight is crucial.

(For more detail on maintaining LCA compliance and automating workflows, see our “What Is a Labor Condition Application? Guide” which is entirely focused on LCA filing and compliance - a key component of H-1B sponsorship.)

Special Cases and Common Questions

In this section, we’ll address some specific scenarios that many employers inquire about:

Sponsoring H-1B for Different Occupations (Engineers, Teachers, Nurses)

H-1B for Engineers: Generally straightforward. Most engineering positions (software, mechanical, civil, etc.) require a relevant degree and easily qualify as specialty occupations. Ensure the job description reflects needing that engineering knowledge. Many of the annual H-1Bs are for engineers in tech - you’ll be in good company. Just remember to choose the right SOC code (e.g., Software Developers, Systems Software vs. Applications, etc.) and corresponding wage level.

H-1B for Teachers: Yes, you can sponsor teachers if they meet criteria. Typically, public school districts or private schools hire foreign teachers in specialized subjects or bilingual education. Teachers need at least a bachelor’s in education or their subject area, which they usually have. One wrinkle: Public school districts might be cap-exempt if they’re considered nonprofit educational institutions. Many are, so they can file year-round. If you’re a private school (not cap-exempt), you’d go through the lottery. Also, teachers often need state teaching licenses - if your candidate has a foreign teaching credential, they may need a U.S. certification. USCIS might RFE to see that license for public school jobs. Ensure that process is started or done. Prevailing wages for teachers vary by location and grade, but use the SOC for “Elementary school teacher” or “Secondary school teacher” as appropriate. Sponsoring an H-1B visa for a teacher can actually be easier in terms of specialty occupation argument because it’s well-established that K-12 teachers need degrees and certification.

H-1B for Nurses: Traditional registered nurse (RN) positions have been notoriously difficult for H-1B because many only require an associate’s degree (RNs in many hospitals have an ADN or diploma). USCIS often views general staff nurse as not meeting the specialty occupation test. However, there are nursing roles that qualify: those that clearly require a BSN or higher - such as Clinical Nurse Specialists, Nurse Practitioners, Certified Nurse Midwives, or managerial roles in nursing. If you are a hospital or healthcare employer looking to sponsor an H-1B for a nurse, make sure the position is specialized. For example, a nursing instructor (educator) requiring an MSN could qualify. Or a research nurse in a specialized field. You’ll need to document that a bachelor’s is the minimum entry for that role (maybe through the job description and possibly expert letters). Also, note many foreign nurses use alternative visas like TN (if Canadian/Mexican, since RNs are on the TN list) or the green card route (Schedule A for nurses). So H-1B is not the main pathway for nurses, but it’s not impossible. If you go for it, expect USCIS scrutiny - be prepared to thoroughly explain the complexity of the role and the degree requirement.

Can a Founder or Self-Employed Person Get an H-1B (Self-Sponsorship)?

This is a popular question: “Can I self-sponsor an H-1B?” Strictly speaking, an individual cannot petition for themselves on an H-1B. However, if a foreign entrepreneur starts a U.S. company (or has one started with others) and that company petitions for them, it can work if there is a real employer-employee relationship. USCIS needs to see that the company (through a board or investors, etc.) has the right to control the employment, not just the person controlling themselves. This often means the founder must give up some control - for example, set up a Board of Directors with authority to potentially fire them, or a CEO to whom they report if they are CTO, etc.

In practice, many startup founders have gotten H-1Bs via their own startups by structuring it properly. You submit organizational documents showing the governance, and a separate person (like a Board chair) signs the offer letter. USCIS actually addressed this in policy: as long as the company is a distinct entity and there’s oversight, a founder can be sponsored. If you’re advising a founder scenario, definitely involve an immigration attorney, as these cases can be tricky but doable.

There is also the International Entrepreneur Parole (IEP) program, sometimes a fallback if H-1B doesn’t pan out, which allows startup founders to stay in the U.S. to build their company. But IEP (or “startup visa” in effect) has its own criteria (investment raised, etc.). For H-1B, just know that “self-sponsor” really means “your company sponsors you” - it’s possible, but you’ll be wearing two hats (employee and owner) and must set it up to satisfy regulations.

(For a deeper discussion on founder visas and options, see Gale’s “International Entrepreneur Rule Guide”. It even mentions that some startup founders secure an H-1B by being sponsored by their own startup, with the right setup.)

Compliance Guide and Automation

We emphasized compliance earlier, but to reemphasize: once you have H-1B employees, stay on top of compliance. Common mistakes when completing Form ETA-9035 (LCA) or during H-1B employment include:

• Typos or incorrect SOC codes on the LCA (leading to wrong wage).
• Forgetting to post the LCA notice or not keeping evidence of it.
• Not tracking when an H-1B employee’s worksite changes and thus not filing an amendment.
• Letting an H-1B worker sit unpaid on bench (prohibited).
• Deducting H-1B costs from employee’s pay in a way that drops them below prevailing wage (a no-go).
• Missing extension filing deadlines (if you file after the H-1B expires, the employee can fall out of status).

To avoid these, have a system. If you only have one H-1B worker, a simple calendar and checklist might do. But if you have several, consider using an immigration case management software or at least a spreadsheet with key dates (H-1B expiration, max-out dates, passport expiry, etc.). Many HR teams integrate these reminders into their HRIS. A tool like Gale can automate alerts for you.

Remember also to inform your H-1B employees to update you on any changes (like if they move to a new apartment far away and will work remotely from another state - that could trigger an amendment).

Finally, keep communication open with the sponsored employee. H-1B processes can be nerve-wracking for them too, especially if there are RFEs or delays. By keeping them informed (and using premium processing when needed), you help maintain their confidence. As mentioned, the way you handle their sponsorship can impact morale and retention.

Conclusion and Next Steps for Employers

Sponsoring an H-1B employee is a significant but manageable process. By following this guide, you can navigate the H-1B sponsorship process step by step:

• Determine eligibility and plan ahead (especially for the lottery).
• File the LCA and meet wage and notice requirements.
• Prepare a thorough petition with all required documents.
• Understand the costs and pay all necessary fees (most of which employers must cover).
• Comply with all obligations after approval, from proper pay to timely amendments.

With careful preparation, even small businesses can successfully sponsor H-1B visas - there’s no requirement that you be a big tech firm to tap into global talent. The key is demonstrating the legitimacy of the job and meeting the legal criteria. Thousands of employers of all sizes do this every year. In FY2024, USCIS received over 750,000 H-1B registrations from employers ranging from startups to multinationals, showing the breadth of participation.

If this still feels daunting, don’t worry. You might consider partnering with an experienced immigration attorney or a service like Gale Visa to guide you. Platforms like Gale can automate the H-1B workflow in your HRIS and ensure you don’t miss a beat on compliance, using technology to fill out forms and track everything (we at Gale have designed our system for exactly that - to make sponsoring visas as easy as hiring locally). But even without specialized software, armed with knowledge and attention to detail, you can do this.

Next steps: Start early - if you’re aiming for the next H-1B cap season, mark your calendar for this upcoming March registration. Gather documents for your candidate (degrees, etc.) now so there’s no scramble. If the person is already working for you on OPT or another status, keep an eye on their work authorization end date and plan the H-1B timing accordingly.

We hope this H-1B employer guide has demystified the process. By investing the effort to sponsor an H-1B, you’re investing in talent that can help drive your company’s success. Many companies find the H-1B sponsorship well worth it - in fact, over 85% of HR professionals in a 2023 survey said access to foreign talent was crucial for their business growth (Envoy Immigration Trends Report). So, while there are hurdles, you’re not alone, and the payoff in skills and diversity can be substantial.

If you have more questions or need individualized help, consider reaching out to Gale or an immigration attorney for a consultation. And be sure to utilize the wealth of resources out there - USCIS’s official guidelines, DOL’s LCA info, and communities of employers who have gone through the process (even forums like Reddit’s immigration subreddit can provide anecdotal tips, though always verify with official sources).

Good luck with your H-1B sponsorship journey! Your future H-1B hire is counting on you, and with the steps and insights from this guide, you’re well equipped to make it a success.

(For further reading, check out our piece on “H-1B Visa Lawyer: How to Choose the Best Attorney” if you decide to seek legal representation - it offers tips on finding quality immigration counsel. And if you found this guide helpful, consider exploring Gale Visa’s platform which can simplify many of these steps through automation and expert support.)

FAQ

How do I sponsor an H-1B employee if they are already working for me on OPT?

If you have an employee on F-1 OPT (Optional Practical Training) or STEM OPT and you want to keep them via H-1B, the process is essentially the same as described in the guide. The key difference is timing: you’ll likely file an H-1B cap petition for them in the spring before their OPT expires. There’s a cap-gap provision that bridges their work authorization from OPT end-date to October 1 if you file and get selected in the lottery. To sponsor them, ensure you file the H-1B petition before their OPT/STEM OPT expires. Many employers use the OPT period to prepare a strong H-1B case (and even a backup if H-1B fails, like O-1 or enrolling them in day-1 CPT programs, though those have risks). Bottom line: treat them like any other H-1B candidate but be mindful of the OPT end date and use cap-gap rules as needed.

What are the costs for H-1B sponsorship, and can we ask the employee to pay any of them?

As outlined, government fees for an H-1B (for a mid-sized company) typically total around $2,460 (filing, ACWIA, fraud fees). Premium processing is $2,500 extra if used. Attorney or service fees vary (could be $1,500-$3000). By law, the $750/$1500 ACWIA training fee and $500 fraud fee must be paid by the employer. The base $460 can technically be paid by either, but most employers cover it. If you make the employee pay any fees, you must ensure that doing so doesn’t effectively reduce their wage below the required level - DOL can penalize employers if, for example, an employee paid $4,000 in legal fees out of pocket and their salary minus those fees falls below prevailing wage. Because of this, and for morale, most companies cover all costs. In short: budget for a few thousand in expenses as the employer. The only thing often negotiated is premium processing: sometimes the employee pays that if they want faster approval for personal convenience (e.g., international travel plans). But many employers even pay premium as a courtesy. It’s best to treat these as the cost of doing business for sponsoring talent.

How long does it take to sponsor an H-1B visa from start to finish?

The timeline can be broken into phases:

• Preparation: 1-2 weeks to gather documents and file LCA (LCA takes ~1 week to get certified).
• Lottery registration: In March (results by end of March).
• Petition filing: April to June (if selected, you have at least 90 days to file). Preparing the petition might take a few weeks if complex.
• USCIS processing: Could be 2-6 months normal, or 15 days with premium. Most cap cases filed in April-June get approved by September if premium (or by October if regular).
• Start date: October 1 for cap cases (the employee can only start then, even if approved earlier). For transfers or cap-exempt, start date can be as soon as approved or even upon filing (for transfer). So for a cap case, if you start planning in January and the person begins work October 1, that’s roughly 9 months total. But note a huge chunk of that is waiting for October 1. If the person is abroad and consular processing is needed, add maybe a few weeks for visa stamping after approval. If it’s a transfer, it could be as fast as 3-4 weeks with premium (file and they start after receipt). So it really ranges. A conservative estimate for a brand new H-1B abroad is 6-8 months. For an H-1B transfer in the US with premium, 1 month. The guide’s steps give you a sense of each component’s timing.

Can a small startup with limited revenue sponsor an H-1B?

Yes, a startup can sponsor an H-1B as long as it’s a bona fide company. USCIS does not require a minimum revenue or number of employees. However, they will scrutinize whether the job is legitimate and whether you can pay the wage. Be prepared to show evidence of funding (e.g., investor funds, sales contracts) or other financials to prove ability to pay the salary. Also be ready to explain the role in context of a small team (why you need this specialized skill). Many startups successfully sponsor H-1Bs - especially in tech - often by emphasizing their growth trajectory and the critical need for the H-1B candidate’s skills. If the H-1B candidate is a founder or equity-holder, ensure you have the corporate governance structure to demonstrate an employer-employee relationship (as discussed earlier). In summary, yes you can, just expect perhaps an RFE asking for things like: business plan, organizational chart, payroll records or financial statements, and the petitioner’s FEIN documentation. Providing those proactively can strengthen the case. With proper documentation, plenty of startups (even pre-revenue ones with VC funding) get H-1B approvals for their key hires.

What happens if an H-1B employee quits or is terminated before their petition expires?

If the employment ends, you the employer should take two main actions: (1) notify USCIS to withdraw the H-1B petition, and (2) offer to pay for reasonable return transportation for the employee to go back to their last country of residence (this is a regulatory requirement if you terminate them early - practically, many employees don’t take this offer, but you should make it in writing). Once withdrawn, the H-1B status for that worker effectively ends, though they usually have a 60-day grace period to find another job/sponsor or otherwise depart. You also need to update your Public Access File to note the end of employment. The worker could transfer to another employer’s H-1B if they find a new job within 60 days - that’s out of your hands except you might get verification calls. Importantly, there’s no penalty to you for ending an H-1B early as long as you follow these steps. The remaining time on their H-1B isn’t lost; the worker can use the unused portion elsewhere. Internally, make sure to revoke any visa-related benefits (like if you sponsored their dependents’ H-4, those end when H-1B ends too). And keep records of the termination and offer of airfare to protect yourself. Ending an H-1B worker is similar to any termination, just with these extra immigration steps.