Sponsoring a worker starts before any form goes to USCIS. For an Cap-subject and cap-exempt (H-1B)The H-1B category has an annual limit of 65,000 new visas or statuses per fiscal year, plus 20,000 more for people with a U.S. master's degree or higher. Petitions counted toward that limit are cap-subject. Petitions from higher education institutions, their related or affiliated nonprofits, and nonprofit or governmental research organizations are cap-exempt.See it in the glossary, the employer makes commitments to the Labor Department about wages and working conditions and must be ready to document them. Missing a step can lead to penalties even if the petition is approved.
1. Confirm the job qualifies
The role must be a specialty occupation that requires a relevant bachelor’s degree or equivalent, and the worker must be qualified for it. The employer should be able to explain why the job needs that degree.
2. Set the required wage
The employer must pay at least the higher of the actual wage paid to similar workers and the prevailing wage for the occupation and area. The Labor Department’s H-1B rules also set benefits and working-conditions requirements, and deduction limits.
3. File and certify the Labor Condition Application
The employer attests to wages, working conditions, notice and the absence of a strike or lockout, and the Labor Condition Application (LCA)A Department of Labor form, ETA-9035, that an employer files before petitioning for an H-1B, H-1B1 or E-3 worker. In it the employer attests to standards on wages, working conditions, labor disputes and notice to workers. A certified LCA is then used to support the petition filed with USCIS.See it in the glossary must be certified before the petition is filed with USCIS.
4. Give notice and build the public file
The employer must notify workers at the worksite, by posting or electronic notice, as set out in the notice rules. It must also make a public access file available within one working day after the LCA is filed, according to the Labor Department’s regulation. The file holds the wage evidence and the LCA copy.
5. Register, budget and file
For cap-subject cases, the employer registers in March and pays $215. Fees for the petition are listed in our cost guide.
6. Keep verifying after approval
The employer must complete Form I-9, and some cases require E-Verify. Material changes to the job or the worksite may require an amended petition, as described in our remote work article.
Enforcement is active
The Labor Department’s Office of Inspector General announced a nationwide enforcement initiative on July 8, 2026 aimed at H-1B fraud, PERM-related fraud and human trafficking, Staffing Industry Analysts reported. For green card sponsorship, the employer also has Labor certification (PERM)The Department of Labor process in which an employer shows that no qualified U.S. worker is available for a position, required for most EB-2 and EB-3 petitions.See it in the glossary recruitment obligations, covered in the PERM and NIW comparison.