Ultimate H-1B Visa Timeline Guide 2025-26: Step-by-Step Process and Key Deadlines

The H-1B visa allows foreign nationals to work in specialized fields in the United States, such as IT, finance, engineering, and health care. This visa requires both meticulous planning and adherence to strict timelines, as applications must be submitted within defined windows and are subject to a lottery system due to high demand. 

USCIS has announced the lottery dates for 2025-2026, and we’ve broken this down in the article. Here’s a breakdown of each phase in the H-1B visa process, important dates, and a look at alternative options available for those who don’t secure an H-1B visa through the standard cap.

Overview of the H-1B Visa Process Timeline

Step 1: Employer Preparation (October – December)

This early phase is critical for employers to prepare and finalize details to ensure that they can submit a compliant H-1B registration and petition.

1. Candidate Identification: Employers assess workforce needs and identify potential H-1B candidates. This includes reviewing each candidate’s qualifications to ensure they meet the requirements for specialty occupation status.
2. Specialty Occupation Determination: Employers should confirm that the job position qualifies as a “specialty occupation,” a term that USCIS defines as a role typically requiring a bachelor’s degree or higher in a specific field.
3. Document Collection: Employers gather necessary documentation, including the candidate's educational credentials, prior work experience, certifications, and any other materials that demonstrate their suitability for the role. Collecting and verifying these documents in advance prevents delays later.
4. Budgeting and Planning: Employers should budget for potential H-1B application fees and consider whether they may want to use premium processing later in the application.

Step 2: H-1B Registration Period (March)

The H-1B registration period is a mandatory step and is conducted entirely online.

1. USCIS Online Registration: During this phase, employers submit basic information about the company and the employee they wish to sponsor. For the 2025-26 season, the registration window was open from March 7 to March 24, 2025. Each employer account can submit multiple applications if sponsoring multiple employees.
2. Registration Fee: Employers must pay a non-refundable registration fee for each H-1B candidate. Currently set at $215, this fee was increased from $10 in April 2024, so budgeting accordingly is important.
3. Confirmation and Submission: Once registration is submitted, USCIS will issue a confirmation for each candidate, which the employer should save for future reference.

Step 3: H-1B Lottery Selection (March – April)

If the number of registrations exceeds the annual cap, USCIS conducts a random selection process or “lottery” to determine which candidates will proceed to the next phase. 

1. Annual H-1B Cap: The standard H-1B cap is 65,000 visas, with an additional 20,000 visas for applicants holding advanced degrees from U.S. institutions.
2. Lottery and Selection Notification: After the registration window closes, USCIS typically conducts the lottery in late March. Employers will receive notifications through their online account if their candidates have been selected by early April.
3. Next Steps for Selected Candidates: Employers of selected candidates can begin preparing to file a complete H-1B petition (Form I-129) with supporting documents.

For historical lottery selection results and insights, check out our article here.

Step 4: Petition Filing Period (April – June)

This is the phase where selected H-1B candidates officially submit their petitions to USCIS, with the goal of demonstrating that both the employer and the employee meet H-1B requirements.

1. Labor Condition Application (LCA): Employers must file a Labor Condition Application (LCA) with the Department of Labor (DOL). The LCA outlines salary and working conditions to ensure the H-1B employee will be compensated fairly. The DOL typically takes about seven days to process the LCA, so it’s best to file early.
2. Form I-129 Submission: Once the LCA is certified, employers can submit Form I-129 (Petition for a Nonimmigrant Worker) to USCIS, along with the certified LCA, documentation of the employee’s qualifications, and proof that the role qualifies as a specialty occupation. USCIS usually provides a filing window of 90 days from April 1.
3. Fees and Optional Premium Processing: Filing fees vary, and employers can choose to use premium processing, which costs an additional $2,500. With premium processing, USCIS will review the petition within 15 calendar days.

Step 5: USCIS Processing (June – September)

Once the H-1B petition is filed, it moves into USCIS processing, where officers review the submission and make a decision.

1. Standard Processing: Regular processing can take several months, depending on USCIS’s workload. During this time, USCIS may issue Requests for Evidence (RFEs) if more documentation or clarification is needed.
2. Premium Processing (Optional): Employers who paid for premium processing will receive a decision within 15 calendar days. This can be helpful if the employer and candidate need to know the outcome sooner, though it does not affect the ultimate start date of October 1.
3. Approval or Denial Notification: USCIS will notify the employer of approval or denial. Approved candidates receive an I-797 Notice of Action, which is necessary for employment authorization.

Step 6: Employment Start Date (October 1)

If the petition is approved, the candidate can begin working in their H-1B role as of October 1, the start of the fiscal year.

1. Employment Authorization: The I-797 Notice of Action allows the employee to begin work in the United States legally under the H-1B visa status.
2. Travel and Visa Stamping (If Abroad): For H-1B employees currently residing outside the U.S., the final step is to schedule a visa interview at a U.S. consulate. Once the visa is stamped, they can enter the U.S. and begin employment.

Alternative Timeline and Pathways for Skilled Foreign Workers through Cap-Exempt H-1B Visas: 

The regular H-1B visa timeline is restricted by specific application windows and subject to annual caps, which often leave highly qualified foreign nationals without a visa due to the lottery system. However, there is a different category of H-1B visas known as cap-exempt H-1Bs, which allow for applications to be submitted year-round, irrespective of the annual cap. Here’s a closer look at how cap-exempt H-1Bs work and how they offer a flexible alternative for foreign nationals and employers.

Key Differences of Cap-Exempt H-1B Visas

1. Year-Round Application: Unlike the regular H-1B, which can only be filed in the designated period in March, cap-exempt H-1B petitions can be filed at any time throughout the year. This flexibility allows both foreign nationals and their employers to pursue visa sponsorship outside of the restrictive annual timelines.
2. No Lottery Process: Cap-exempt H-1Bs are not subject to the annual 85,000 visa cap (65,000 for general applicants and 20,000 for U.S. advanced degree holders). As a result, there’s no lottery process, reducing the uncertainty and enabling qualified foreign nationals to secure a visa without having to rely on chance.
3. Eligibility Requirements: Cap-exempt H-1B visas are generally limited to specific types of employers, including:
   
   • Institutions of higher education (universities and colleges).
   • Non-profit organizations affiliated with universities.
   • Non-profit research organizations.
   • Government research organizations.

How The Build Fellowship Leverages Cap-Exempt H-1Bs for Foreign Nationals

For foreign nationals who were not selected in the H-1B lottery or need to obtain an H-1B outside of the typical application windows, The Build Fellowship offers an innovative solution. By partnering with cap-exempt universities, The Build Fellowship enables fellows to work part-time leading students, allowing them to qualify for a cap-exempt H-1B. Here’s how this process works and how it benefits both fellows and their employers:

1. Cap-Exempt Sponsorship through University Partnerships: The Build Fellowship works with H-1B cap-exempt universities, which means foreign nationals who join as fellows are eligible for a cap-exempt H-1B leading students on specialized industry projects.
2. Concurrent Employment with Full-Time Employers: Once a Build Fellow obtains the part-time cap-exempt H-1B, their primary employer can file a full-time concurrent H-1B without going through the lottery — meaning the fellow can work full-time at a private company under the cap-exempt visa, without needing to wait for the next lottery.
3. Ideal for High-Demand Situations and Flexible Hiring: Cap-exempt H-1Bs provide immediate hiring flexibility, which is crucial for companies with pressing project deadlines or hard-to-fill roles. Since The Build Fellowship operates outside the annual H-1B timeline, companies that need to bring in foreign talent on short notice, or whose candidates were not selected in the lottery, can still secure skilled employees through this alternative path.
4. Long-Term Stability for Foreign Nationals: For foreign nationals, The Build Fellowship provides a pathway to sustained employment without the uncertainty of the lottery. Fellows gain the added benefit of contributing to higher education through leading industry projects while advancing their professional careers in the U.S.

By using The Build Fellowship’s cap-exempt model, both employers and foreign national employees gain increased control over the H-1B process, reducing the risks and timelines associated with the traditional cap.

If you’re interested in learning more about how The Build Fellowship has helped foreign nationals continue their employment without lottery dependence, check out our success stories from fellows or explore ongoing projects with cap-exempt university partners.

Summary

The H-1B visa process follows strict timelines and annual caps, often leaving many skilled foreign nationals without a visa due to the lottery system. This guide covered each stage, from preparation through petition filing, plus cap-exempt H-1Bs—an ideal, flexible alternative for employers like universities since they can be filed year-round without the lottery. Through The Build Fellowship’s cap-exempt solution, foreign nationals can work part-time with partner universities, enabling their primary employers to file a concurrent cap-exempt H-1B for full-time employment without lottery restrictions. This unique pathway provides stability for foreign professionals while meeting companies' hiring needs outside the standard H-1B constraints.