Steps to file an H-1B Application : 

Once an employer is notified that their registration has been selected in the H-1B Lottery for Cap Season 2027 on 31st March 2026, they must apply between 1 April and 30 June 2026 (the 90 Day window). The various steps involved in filing the H-1B Application are:

Step 1: Filing the LCA: The LCA, or Labor Condition Application, is a document issued by the Department of Labor that certifies that the employer will pay the prevailing wage and that the employment will not affect other workers. To file the LCA, the Employer must follow these steps.

1. Determining the prevailing wage: The employer or their HR department must first determine the mandatory minimum wage for the specific job title under consideration for an H-1B (based on the SOC code) for the particular geographic location (city /county). The Bureau of Labor Statistics issues SOC codes for specific job titles, including current wages for different Wage levels (which define the work experience) in a particular location. Remember, for the Cap Season 20,27, consider the Wage Level you mentioned in your Registration when participating in the H-1B lottery.
2. Internal Notice ( Posting): Before filing the LCA with the Department of Labor, the employer or their HR teams need to put a “ Notice of LCA filing” in two conspicuous places at the actual worksite for at least 10 days or send an electronic communication by email to inform their U.S. workers that an H-1B worker is being hired.
3. Electronic filing of the LCA: Once the employer has followed the above two steps, they can submit a request to the Department of Labor using Form ETA-9035E via the FLAG portal. (https://flag.dol.gov)
4. Issuance of LCA Certificate: Once the employer files their request through the FLAG portal, the Department of Labour (DOL) will issue the LCA certificate within 7 to 10 days. There may be delays if the FIEN number is inaccurate or the wage specified in the LCA application is below the minimum wage for the applicable wage level.

Step 2: Form I-129: The second step in the H-1B application process for Cap Season 2027 is filing Form I-129, Petition for a Nonimmigrant Worker, with USCIS after the LCA is issued by the Department of Labor

The necessary documents for filing the Form I-129 are:

Core Documents:

1. In the H-1B registration notice, the employer can download it for a particular beneficiary from the organization account.
2. Form I-129 & supplements: A 30+ page main form, including the H Classification supplement and the H-1B Data collection and Filing fee exemption statement.
3. Support letter or an employer declaration that explains why the job in consideration is a “speciality occupation”, terms of employment, and why the beneficiary is fit for the specific job.

Employer-specific documents:

1. Company financials, recent tax returns, financial statements, or annual reports.
2. Lease documents that prove physical office space where the beneficiary will work.
3. Technical documents related to the H-1B job in question ( Job description), organizational charts, marketing materials, and brochures describing the business of the employer.
4. Approved LCA certificate issued by the Department of Labor. ( Form ETA-9035)
5. Filing fees. ( Different for Consular Processing and Change of status cases)

Beneficiary-specific documents:

1. Education proof: Copies or Diplomas, transcripts, and if the Bachelor’s or the Master’s degree is from a university outside the U.S., a Foreign Credential Evaluation.
2. Identity documents:  A copy of a valid passport with a minimum validity of 6 Months at the time of filing the H-1B application for the Cap Season 2027 and any valid U.S visas if the beneficiary is already in the country.
3. Status documents for Beneficiaries who are already in the country, including current I-94 records, previous I-120s (for F-1 students), and EAD cards for OPT/STEM OPT.
4. Experience letters from previous employers if the qualification is from a different field other than mentioned in the H-1B job description, or if the beneficiary is applying for an H-1B visa not based on mandatory degrees (Bachelor’s orMaster’ss) but based on work experience.
5. Recent pay stubs of the last 2 to 3 months for beneficiaries already in the US and working on a different status.

Step 3: USCIS Adjudication:  Once the employer files the Form I-129, USCIS reviews that and if they require further details to validate the information provided, they send an RFE ( Request for Further Evidence)

Step 4: Activation of the H-1B Status:  Once the USCIS approves the Form I-129 for the H-1B Cap Season 2027, the H-1B status typically becomes active. It is a written approval certificate that allows the beneficiary to work with the employer from 1st Oct 2027, but remember, it is only an approval of status, not an admission to the country.

• Wage Integrity: As per the new lottery selection process for the H-1B Cap Season 2027, USCIS will focus more on “Wage-level consistency.” If the employer tries to apply at a lower level than the one specified in the registration to save money, it will be treated as misrepresentation, and the application will be denied.

• The $100,000 fee: The Employer must keep in mind that they will incur a significant $100,000 cost for beneficiaries (Consular processing) outside the US. The fee does not apply to beneficiaries with a “Change of status ” filing.

• The Specialty Occupation standard: A vital thing an Employer needs to keep in mind is that the beneficiary’s degree is not enough. They need to prove to USCIS that the job in consideration requires a specific degree in a particular field. ( Eg, a Sales Manager’s role is challenging to justify as a speciality occupation when compared with “Software engineer).

• Deadlines: Every employer and their HR teams need to remember that the 90-day window for applying is hardlined, and there is no chance of an extension. For the Cap season 2027, the date is 30th June 2026. In case you miss the deadline, the H-1B lottery selection will be forfeited by USCIS.

The entry phase for participating in the H-1B Cap Season 2027, during which the Employer enrolls all future H-1B employees they intend to hire.

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A USCIS shortlisting mechanism that will be used to sort H-1B aspirants of the Cap Season 2027 based on enrollment done during registration

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The final application process for the H-1B visa for aspirants and their employers who get picked during the H-1B Cap Season 2027 Lottery.

A list of final steps that the aspirants and employers need to follow after USCIS accepts the H-1B Cap Season 2027 application

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We guide employers and professionals through every stage of the H-1B visa process with precision and care. Our firm has a proven track record of helping organizations meet critical H-1B compliance requirements, reducing the risk of penalties, audits, and late-filing fines. Whether you are preparing a new petition or managing ongoing compliance, our team is here to support you.

To discuss your H-1B visa needs, contact the immigration attorneys at the Law Offices of Prashanthi Reddy, PLLC by emailing  prashanthi@reddyesq.com or call us at 212-354-1010. We also invite you to stay informed by reading the Latest Immigration News and updates related to the H-1B visa.

Our immigration attorney provides comprehensive immigration services across multiple U.S. states, including  as New York, Florida,  New Jersey, Texas, and  California, as well as other jurisdictions nationwide. The experienced team at our law office is committed to delivering reliable, strategic guidance and would be pleased to assist you in successfully obtaining your H-1B visa.