- Who it's for
- Professionals in specialty occupations sponsored by a U.S. employer
- Initial validity
- Up to 3 years, extendable to 6 years total
- Annual cap
- 65,000 regular + 20,000 U.S. master's (cap-exempt employers excluded)
- Government Processing Time
- 2–6 months regular; 15 business days with premium processing
- Dependents
- Spouse and children under 21 on H-4
- Gale fee
- $999 · lottery registration $0
Who qualifies for the H-1B
- A U.S. employer offers a role that normally requires a bachelor's degree or higher in a specific specialty.
- The employee holds that degree (or a foreign equivalent, or equivalent experience under the three-for-one rule).
- The employer pays at least the prevailing or actual wage, whichever is higher, and files a certified Labor Condition Application (LCA).
- Cap-subject employers must register the employee in the March lottery and be selected before filing.
Cap-exempt employers
Universities, affiliated nonprofits and nonprofit or government research organizations can file H-1B petitions year-round without the lottery.
Recent policy changes
The lottery is beneficiary-centric, so each person is entered once no matter how many employers register them. A September 2025 presidential proclamation added a $100,000 payment for certain new H-1B petitions for workers outside the United States. Ask your attorney whether it applies to a given case.
Transfers and extensions
Changing employers (an H-1B transfer) does not require a new lottery. Under H-1B portability, the employee can usually start working once the new petition is filed.
H-1B timeline
| Stage | Typical timing |
|---|---|
| Candidate planning | November – February |
| Electronic registration window | March (about two weeks) |
| Lottery selection notices | By March 31 |
| LCA certification by the Department of Labor | About 7 business days |
| Petition filing window | April 1 – June 30 |
| USCIS decision | 15 business days (premium) or 2–6 months |
| Earliest start date for cap cases | October 1 |
H-1B cost: Gale and government fees
Gale charges a flat fee (platform fee plus attorney legal fee) for the initial H-1B filing, and RFE responses are usually included. Government fees are paid directly to the agency at cost. See the full fee schedule or estimate your total with the visa cost calculator.
| Filing | Gale price (platform + legal fee) |
|---|---|
| New petition | $999 |
| Extension | $999 |
| Change of employer | $999 |
| Amendment | $999 |
| Fee | Amount | Notes |
|---|---|---|
| Registration fee | $215 | Per beneficiary, paid at lottery registration |
| Form I-129 (H-1B) | $780 | $460 for employers with 25 or fewer FTEs and nonprofits |
| Asylum Program Fee | $600 | $300 for 25 or fewer FTEs; $0 for nonprofits |
| ACWIA training fee | $1,500 | $750 for 25 or fewer U.S. employees; exempt for some employers |
| Fraud Prevention and Detection fee | $500 | New H-1B and change of employer petitions |
| Public Law 114-113 fee | $4,000 | Only if 50+ U.S. employees and over 50% are on H-1B or L-1 |
| Premium processing (optional) | $2,965 | 15-business-day decision |
Documents you'll need
- Employee's passport, current visa and I-94 record
- Degree certificates and transcripts, with a credential evaluation for foreign degrees
- Résumé and experience letters
- Detailed job description, worksite address and salary
- Employer FEIN and basic company information
- Certified LCA (prepared by the attorney)
How Gale handles the H-1B
Gale's software handles intake, document collection, drafting and tracking. An experienced network attorney owns strategy, legal judgment and final sign-off on every petition.
- Intake on the Gale platformHR starts the case in minutes; the employee completes a guided questionnaire and uploads documents to a checklist built for the visa type.
- Attorney strategy reviewA network attorney confirms the role qualifies as a specialty occupation, picks the right wage level and SOC code, and flags RFE risk before anything is filed.
- Petition preparationGale drafts the I-129, job description and specialty-occupation support letter from structured intake data, reducing back-and-forth with HR.
- Attorney sign-off and filingThe attorney reviews and signs every page, files the LCA and petition, and decides on premium processing with you.
- Tracking and responseGale tracks the USCIS receipt and status in one dashboard. If USCIS issues a Request for Evidence, the attorney prepares the response, usually included in the flat fee.
Related visa information pages
The O-1A is a U.S.
Read more L-1Intracompany TransferThe L-1A lets multinational companies transfer managers and executives from a foreign office to a related U.S.
Read more PERMLabor Certification (EB-2 / EB-3)PERM labor certification is the Department of Labor process most employer-sponsored EB-2 and EB-3 green cards require.
Read more E-3Australian Specialty OccupationThe E-3 is a U.S.
Read moreReady to start a H-1B case?
Talk with our team about timing, strategy and cost.
Frequently asked questions
When is the H-1B lottery?
USCIS runs electronic registration for about two weeks in March and announces selections by March 31. Selected employers can file petitions from April 1 through June 30, with an October 1 start date.
How much does an H-1B cost in total?
With Gale, the combined Gale price (platform fee plus attorney legal fee) for a new petition is $999. Government fees typically range from about $2,000 to $7,000+ depending on company size, whether the Public Law 114-113 fee applies and whether you add premium processing ($2,965).
Can the employee pay H-1B fees?
No. The employer must pay the ACWIA training fee and attorney fees for the LCA and petition; these can't be passed on to the employee. Premium processing can be paid by the employee if it is for their benefit.
How long can someone stay on an H-1B?
Up to six years in three-year increments. Extensions beyond six years are available when a green card process (PERM or an I-140) has reached certain milestones.
This page is general information, not legal advice. Immigration rules, fees and processing times change frequently. Confirm current details with USCIS or a licensed immigration attorney.