How to sponsor an H-1B employee
US federal rules as of 30 October 2026. Sources re-checked against official pages on 30 October 2026. Where a figure could not be confirmed, this page links the official source instead of stating it.
To sponsor an H-1B employee, an employer confirms the role is a specialty occupation, registers the candidate in the March window (unless cap-exempt), obtains a certified Labor Condition Application, then files Form I-129. The employer pays its own filing costs and takes on wage obligations. Take advice from a licensed immigration attorney.
What are the steps?
| Step | Owner | Notes |
|---|---|---|
| 1. Confirm the role needs a related degree | Employer | |
| 2. Register the candidate | Employer | Weighted by wage level from FY2027 |
| 3. Certified LCA | Employer, DOL | Pay at least the actual or prevailing wage, whichever is higher |
| 4. File Form I-129 | Employer | In the filing window on the selection notice |
| 5. Candidate visa or change of status | Candidate |
What does it cost?
Check the USCIS fee schedule. Review the dated status of the $100,000 payment in the H-1B guide.
Mistakes to avoid
Treating "degree preferred" as qualifying; charging the worker for employer costs; starting work early.
How LiveRec fits
When you post a role you state its sponsorship status; seekers see it. LiveRec can also take requests for immigration help from the candidate's Immigration tab; a specialist replies with a quote before anything is charged. LiveRec is not a law firm.
What does the employer attest on the LCA?
USCIS lists four attestations the employer or agent makes when obtaining a certified LCA from DOL:
- It will pay the H-1B worker no less than the wage paid to similarly qualified workers or, if greater, the prevailing wage for the position and area.
- Working conditions will not adversely affect other similarly employed workers.
- At the time of the LCA, there is no strike or lockout at the place of employment.
- Notice of the LCA filing has been given to the union bargaining representative or posted at the worksite.
USCIS adds that a violation can bring fines, bars on sponsoring nonimmigrant or immigrant petitions and other sanctions. DOL's FLAG site says the required wage is the higher of the actual or prevailing wage, and the LCA cannot be submitted more than 6 months before the employment starts.
What goes in the cap-subject filing?
USCIS says the employer must include, for a cap petition:
- The H-1B registration selection notice and the beneficiary confirmation number.
- Evidence of the wage level selected on the registration, as of the registration date.
- Evidence of the passport or travel document used at registration.
- Information that matches the registration, including the same SOC code and position information.
- A certified LCA, evidence of the beneficiary's education (or a final transcript or registrar's letter if the degree is not yet awarded), and evidence of a bona fide position available as of the start date.
- A start date of October 1 or later, with a filing no more than 6 months before it.
USCIS says petitioners may not file multiple or duplicative petitions for the same beneficiary, and it will deny or revoke them without refunding fees.
Who is liable for what?
USCIS says the employer is liable for the reasonable costs of return transportation if it terminates the worker's employment before the authorized stay ends, and not if the worker voluntarily resigns.
Common mistakes
- A registration at a wage level the job cannot support.
- A mismatch between the registration and the petition, such as a different SOC code.
- Letting the LCA process run past the filing window. USCIS asks employers to keep DOL processing times in mind.
- Forgetting to give notice of the LCA to the union or at the worksite.
FAQ
Can we sponsor from outside the US? Yes, if the candidate and role qualify.
Can we pay the worker less to cover filing costs? The LCA requires the higher of the actual or prevailing wage. Ask your attorney before deducting any cost.
Do we have to sponsor a green card too? No. They are separate processes. See PERM.
Where do I get a prevailing wage? DOL's FLAG site explains the process. Employers are encouraged, but not required, to obtain one from the National Prevailing Wage Center.
Next step: Post a role with sponsorship status.
Sources
- USCIS, H-1B specialty occupations, https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations, checked 2026-10-30
- USCIS, H-1B cap season, https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations/h-1b-cap-season, accessed 31 October 2026
- USCIS/DHS, weighted selection announcement, https://www.uscis.gov/newsroom/news-releases/dhs-changes-process-for-awarding-h-1b-work-visas-to-better-protect-american-workers, live official page, linked for readers; link checked 2026-10-30, no figure is taken from it
- USCIS, filing fees, https://www.uscis.gov/forms/filing-fees, checked 2026-10-30
- USCIS, H-1B FAQ (including the $100,000 payment), https://www.uscis.gov/newsroom/alerts/h-1b-faq, checked 2026-10-30
- DOL, FLAG: Labor Condition Application, https://flag.dol.gov/programs/lca, accessed 31 October 2026
This is general information, not legal, tax or immigration advice. Rules change and your situation may differ. Consult a licensed attorney or qualified adviser.