Specialty Occupation & Wage
The employer must define a job that requires at least a U.S. Bachelor's degree (a "specialty occupation"). The employer must then get a "Prevailing Wage" from the Dept. of Labor (DOL) and attest they will pay this wage or higher.
File Labor Condition Application (LCA)
The employer files Form ETA-9035 with the DOL. This form proves they are paying the correct wage, that working conditions are not adversely affected, and that there is no strike/lockout at the company.
H-1B Registration (The Lottery)
In March, the employer submits a registration for the applicant. There are **85,000** available visas (the "cap") but over **470,000** registrations (FY25). A random computer lottery selects who gets to file.
FY25 selection rate: ~18%
File Form I-129 Petition
If selected, the employer has 90 days to file a massive petition (often 100+ pages) with U.S. Citizenship and Immigration Services (USCIS). This includes the LCA, job details, and extensive proof of the applicant's qualifications (diplomas, transcripts, work experience, etc.) and costs thousands in legal/filing fees.
Petition Review & RFE
A USCIS officer reviews the petition. They can (and often do) issue a **"Request for Evidence" (RFE)**, demanding more proof that the job is a specialty occupation or that the applicant is qualified. The employer must respond with more documentation.
This is a major point of denial, even after winning the lottery.
Visa Stamping (Dept. of State)
If the petition is approved by USCIS, the applicant must schedule an in-person visa interview at a U.S. Embassy or Consulate in their home country. A Consular Officer conducts the interview and has the **final authority** to approve or deny the visa based on their own assessment.
Visa Stamp & U.S. Entry
If the officer approves the visa, a stamp ("foil") is placed in the applicant's passport. Only now can the applicant legally travel to the U.S. and begin working, often 6-8 months after the process began.