The Short Answer

For a standard cap-subject H-1B, the process from employer decision to employment start typically takes between six and twelve months. The timeline is largely dictated by the annual lottery calendar rather than how quickly either the employer or the candidate moves.

The H-1B fiscal year runs from October 1. Employers can only register candidates for the lottery in March of each year. This means that if you are hired and your employer begins the sponsorship process in, say, June, you may be waiting up to nine months before your H-1B employment can legally begin.

The H-1B process is calendar-driven, not process-driven. Understanding the annual cycle is the single most important thing you can do to avoid gaps in your work authorisation.

Stage 1: Employer Decision and LCA Filing (4 to 7 business days)

Before any H-1B petition can be filed, the employer must obtain an approved Labour Condition Application (LCA) from the Department of Labor. The LCA certifies that the employer will pay the prevailing wage for the role and that the sponsorship will not negatively affect the working conditions of US workers in similar positions.

LCAs are processed through the DOL's FLAG system and are typically approved within seven business days for standard filings. In practice, most LCAs are approved within four to five business days.

The employer must also post a public notice at the worksite for ten consecutive business days, informing US workers of the intent to hire a foreign national for the role.

Stage 2: H-1B Lottery Registration (March each year)

For cap-subject H-1B petitions, employers must register candidates through USCIS's online registration system during a window that typically opens in early March and runs for approximately two weeks.

Each registration requires basic information about the employer and the candidate, including the candidate's degree level. The registration fee is currently set at a few hundred dollars per candidate.

The employer registers the candidate; the candidate does not register directly.

USCIS then conducts a randomised lottery. There are two pools: a general pool capped at 65,000 visas, and an advanced degree pool for candidates with a US master's degree or higher, which provides an additional 20,000 slots. Candidates with a US master's or higher are entered into both pools, giving them a higher overall probability of selection.

Selection is random. Having a strong candidate profile, a willing employer, and an approved LCA does not improve your odds in the lottery. The only way to increase your chances is to be registered by multiple cap-subject employers, which is permitted.

Stage 3: Petition Filing (April to June)

If selected in the lottery, the employer is notified and has a defined window to file the full H-1B petition (Form I-129) with USCIS. This window typically runs from April through the end of June, though USCIS sets the exact dates each year.

The petition package includes the approved LCA, evidence of the candidate's qualifications, documentation of the employer's ability to pay the stated wage, and supporting evidence that the role qualifies as a specialty occupation. Most employers work with an immigration attorney to prepare and file the petition.

Standard processing

Under standard processing, USCIS aims to adjudicate petitions within three to six months, though actual processing times vary and can be longer during high-volume periods. Most standard petitions filed in April or May are processed in time for an October 1 start.

Premium processing

Employers can pay an additional fee (currently around $2,805) to request premium processing, under which USCIS guarantees a response within 15 business days. The response may be an approval, a denial, or a Request for Evidence (RFE) requiring additional documentation.

Stage 4: Approval and Employment Start (October 1)

Cap-subject H-1B employment can begin no earlier than October 1 of the relevant fiscal year, regardless of when the petition is approved. If your petition is approved in July, you still cannot begin H-1B employment until October 1.

If you are currently on OPT or STEM OPT, your existing work authorisation remains valid until your H-1B start date, provided you maintain continuous employment. The gap between petition approval and October 1 is typically spent continuing in your current role under OPT or STEM OPT.

What Happens If the Petition Is Not Approved Before October 1?

In most cases, if a petition is filed on time and is still pending on October 1, USCIS will issue a receipt notice that allows the candidate to begin employment on October 1 while the petition continues to be processed. This is sometimes referred to as cap-gap protection for OPT and STEM OPT holders.

However, if USCIS issues a Request for Evidence, the employer and their attorney must respond within the deadline specified, typically within 87 days. Failure to respond adequately may result in denial.

The Full H-1B Timeline at a Glance

January to February

Employer and candidate begin internal discussions about sponsorship. LCA preparation may begin.

Early March

H-1B lottery registration window opens. Employer registers candidate with USCIS.

Mid to late March

USCIS conducts lottery selection. Employers notified of selected registrations.

April

Petition filing window opens. Employer files Form I-129 and supporting documents.

April to September

USCIS processes the petition. Premium processing available for faster response.

August to September

Most petitions approved. Employer and candidate prepare for employment transition.

October 1

H-1B employment begins. OPT or STEM OPT work authorisation ends.

Cap-Exempt H-1B Roles: A Different Timeline

Not all H-1B petitions are subject to the annual cap and lottery. Roles at the following types of organisations are cap-exempt and can be filed at any time of year:

•  Institutions of higher education (universities and colleges)

•  Non-profit organisations affiliated with institutions of higher education

•  Non-profit research organisations

•  Government research organisations

For cap-exempt petitions, the timeline is driven by USCIS processing times rather than the lottery calendar. Under premium processing, a cap-exempt petition can be approved within 15 business days of filing. Under standard processing, it typically takes two to four months.

What You Can Do to Stay on Track

Start the conversation with your employer early

The March registration window comes around once a year. If you are approaching the end of your OPT and your employer has not raised sponsorship by January, raise it yourself. Missing the March window means waiting another 12 months.

Confirm your employer is willing to use premium processing if needed

Standard processing times are not always predictable. For candidates approaching the end of their OPT, premium processing provides certainty that a decision will come in time.

Research your employer's sponsorship history before accepting an offer

An employer with a strong track record of H-1B filings in your role type is meaningfully more reliable than one who is sponsoring for the first time. VisaViz provides access to historical LCA and H-1B filing data so you can evaluate this before you accept an offer.

Understand your cap-gap protection if you are on OPT

If your OPT expires before October 1 but your H-1B petition was filed on time and is still pending, cap-gap protection may extend your work authorisation. Confirm this with your DSO and your employer's immigration attorney as early as possible.

Frequently Asked Questions

Q: Can my employer file an H-1B petition for me at any time of year?

For cap-subject petitions, no. Employers can only register during the March window, and employment can only begin on October 1. For cap-exempt organisations (universities, non-profits, government research entities), petitions can be filed at any time.

Q: What is the H-1B lottery selection rate?

Selection rates vary year to year based on the number of registrations. In recent years, the overall selection rate for the general pool has ranged from roughly 20 to 30 percent. Candidates with a US master's degree or higher have a higher combined probability of selection due to their eligibility for both pools.

Q: Can I be registered by more than one employer?

Yes. USCIS permits candidates to be registered by multiple employers simultaneously. Each registration is treated independently in the lottery, which increases the overall probability of selection. However, you can only accept one H-1B petition.

Q: What happens if my H-1B petition is denied?

If a petition is denied, the employer can file a motion to reconsider or appeal, depending on the grounds for denial. If the denial stands, the candidate typically remains on OPT or STEM OPT until that authorisation expires, then must explore alternative pathways.

Q: Does the employer pay for the H-1B filing?

The employer is required by law to pay the USCIS filing fees and cannot pass those costs on to the employee. These fees can range from a few thousand dollars to over five thousand depending on the employer's size and whether premium processing is used.