Useful Links
U.S. Citizenship and Immigration Services (USCIS) Website
Social Media
Statistics
Annual Caps for H-1B for Fiscal Years: 85,000 visas
- 65,000 visas
- 20,000 visas for the master’s cap*
The master’s cap – individuals with advanced degrees from U.S. institutions.
Topics
Government Agencies in the H-1B Visa Program
Which U.S. government agencies are involved in the H-1B process?
The Bigger Picture
The H-1B program lives under the watchful eyes of:
- DHS’s U.S. Citizenship and Immigration Services (USCIS) - who administer petitions.
- DOL’s Employment and Training Administration (ETA) - who certify labor conditions.
- DOL’s Wage and Hour Division (WHD) - who ensure fair pay and treatment.
Together, they keep the balance - between opportunity and oversight, between the dream of work and the letter of the law.
H-1B: Three Agencies, Four Steps
Some government processes move like clockwork. Others, like the H-1B hiring dance, move in quiet, deliberate steps - a kind of administrative waltz shared by three government agencies and four distinct stages. Each step is precise, and every player knows their role.
Steps to Hire an H-1B Worker
1. U.S. employer files a labor attestation with Department of Labor (DOL)
2. U.S. employer submits petition to Department of Homeland Security (DHS)
3. Foreign worker overseas applies for visa from Department of State (DOS)
4. Foreign worker seeks admission at a U.S. port of entry from Department of Homeland Security (DHS)
Step 1: The Department of Labor
Where It Begins: a prospective U.S. employer reaches out to the Department of Labor (DOL) and files what’s called a Labor Condition Application (LCA).
The process is known as labor attestation. The LCA states the job title, number of positions, employment period, and wages.
U.S. Employers must attest that:
- H-1B workers will receive at least the prevailing or actual wage.
- Working conditions of other employees won’t be harmed.
- No strike or lockout exists.
- Notice of the LCA was given to employees or their representative.
Step 2: The Department of Homeland Security
The Petition: once the DOL gives its blessing, the file moves to the Department of Homeland Security (DHS) - specifically, U.S. Citizenship and Immigration Services (USCIS).
Here, the employer petitions for a specific worker, weaving together:
– The approved LCA,
– Proof that the worker is qualified (usually a bachelor’s degree or more),
– And evidence that the job truly demands such skill.
The cost of filing fees varies from $960 to $7,380, depending on the employer’s size, status, and number of H-1B employees.
Step 3: The Department of State
The Gate Abroad: if the worker is still overseas, the next stop is the Department of State (DOS). At a U.S. consulate, the worker applies for an H-1B visa.
A consular officer stands as both gatekeeper and storyteller - reading through documents, asking questions, deciding if the person before them is admissible. It’s a moment of pause before crossing worlds.
Step 4: The Return to Homeland Security
The Port of Entry: visa in hand, the traveler arrives in the United States - at an airport, a seaport, or a land border. There, officers from DHS’s Customs and Border Protection (CBP) make the final decision. A visa is permission to knock; CBP decides whether the door opens.
So, through four steps and three agencies, a worker’s journey begins - one signature, one file, one decision at a time.