H-1B Visa: Lottery-Based US Work Visa for Skilled Talent Explained

The H-1B visa remains one of the few viable pathways for US organizations to tap into global STEM and tech talent. In fiscal year 2023 alone, over 483,000 registrations were submitted, competing for just 85,000 available spots. It’s a lottery-based, paperwork-heavy process with tight compliance and a low success rate.

While the visa allows dual intent, giving workers a path to long-term employment, every step requires extensive documentation and constant back and forth, from petitions to renewals and stamping.

More and more companies are now using Deel Mobility to handle the technical, legal, and logistical side of H-1B hiring in one clean workflow. From document collection and legal coordination to case tracking and stamping, and bringing dependents, Deel helps employers stay compliant without slowing down.

Recent updates have also increased employer costs and changed how USCIS evaluates registrations—making early planning more important than ever (including the $215 registration fee and, in limited cases, a $100,000 fee for certain new H-1B petitions).

In this guide, we’ll explain every stage of the H-1B process for employers who want to do it well.

How does the H-1B program benefit employers?

The H-1B application opens the door for US employers to tap into global talent pools, particularly in fields where domestic skills are in short supply. But access comes with accountability. To stay compliant, employers must meet strict Department of Labor (DOL) rules:

• File certified Labor Condition Applications (LCAs)
• Pay either the prevailing wage or the same rate as similarly qualified employees, whichever is higher
• Maintain documentation proving fair pay and non-discriminatory practices

That compliance burden can slow teams down or become a competitive advantage when automated. Deel Mobility supports US employers with built-in wage benchmarking, LCA preparation, and real-time documentation tracking.

When Esports Entertainment Group acquired two companies, it needed to onboard 48 employees across 20 countries while keeping immigration and wage requirements airtight. Deel’s compliance workflows allowed it to do exactly that without delays, entity setup, or legal blind spots.

Who qualifies for H-1B visa classification?

Both the worker, hiring company, and the role must meet the following four requirements to apply for the H-1B classification:

1. A job offer from a US employer

To even enter the H-1B process, the candidate needs a valid job offer from a US-based organization. That sounds straightforward, but it can get tricky if the company hiring doesn’t have a US legal entity. In that case, the best approach is to use an Employer of Record (EOR) model.

The EOR acts as the legal US employer, generates compliant offer letters, manages the full visa process, and supports dependents. Everything is built to pass US citizen and immigration services (USCIS) scrutiny, so you can sponsor talent without undergoing the lengthy and complex entity setup stateside.

This model helped Zip Co move fast in countries where it had no legal presence. With Deel, it relocated employees to Mexico, France, Cyprus, Thailand, and Israel, all without needing to register local branches. It’s a global mobility strategy that actually scales.

2. A specialty occupation

To qualify for an H-1B, the role must be considered a “specialty occupation,” meaning it requires highly specialized knowledge and usually a bachelor’s degree or higher. This responsibility sits with the employer, who must show that the position genuinely demands advanced education or expertise.

A job typically qualifies if:

• The role normally requires at least a bachelor’s degree or equivalent
• The degree requirement is standard across the industry
• The job is so complex or unique that only someone with a degree can perform it
• The duties require specialized knowledge typically gained through formal education

Speciality occupations like software engineers, data scientists, civil and mechanical engineers, architects, doctors, nurses, professors, researchers, and business analysts fall under this category.

3. Relevant qualifications in the field

Foreign workers must be qualified to provide the services in the specialty occupation for which they have a job offer. Depending on the position, they must hold a/an:

• US bachelor’s or higher degree from an accredited university or college
• Foreign degree from an accredited university or college that is equivalent to a US bachelor’s or higher degree
• Unrestricted state certification, license, or registration that authorizes you to offer services in the specialty occupation and be employed for it
• Progressively responsible experience or specialized training equivalent to a US bachelor’s or higher degree

4. A clear employer-employee relationship

An applicant cannot apply for an H-1B visa program based on a general open job listing. The US employer (the petitioner) and you (the beneficiary) must have a clear relationship. USCIS looks for proof that the employer controls the employment relationship. That usually means:

• They handle your hiring and payroll
• They assign your work and assess performance
• They provide benefits, just like any other employee

5. The applicant is listed on the employer’s tax forms

This requirement is crucial for off-site, hybrid, and remote work. Even if the employee and employer will not work in the same premises, the employer must control the employee’s work schedule. Both parties must also have regular contact through work assignments, assessments, or payment.

How do you apply for H-1B status?

Applying for an H-1B petition typically happens in four stages:

Stage 1: Register for the H-1B lottery (cap-subject employers)

Each spring (typically in March), USCIS opens a short registration window for employers to submit H-1B candidates under the annual cap (this does not apply to cap-exempt employers like certain universities, nonprofits, and research organizations).

Registration fee: Employers must pay a $215 registration fee per beneficiary to submit a cap-season registration.

Important: The $100,000 payment is not part of lottery registration. It applies later only if the employer files a petition that is subject to the Proclamation (see Stage 3 below).

Lottery integrity updates: USCIS selection is now based on unique beneficiaries, and duplicate or coordinated registrations may face increased scrutiny. DHS has also announced changes aimed at strengthening program integrity and prioritizing higher-wage registrations—making early role design and wage planning more important than ever.

Missing the registration window means waiting an entire year. You could set a calendar alert, follow USCIS on X (formerly Twitter), or subscribe to their email updates to avoid missing it. If you’re using Deel Mobility, the platform will send automatic alerts, flag eligible candidates, and prep registration details so you don’t have to rely on memory or bookmarks.

A small percentage of H-1B lottery applicants are selected, and those who are not selected cannot proceed with the H-1B process. Applicants selected in the lottery can proceed with Stage 2.

Stage 2: File the Labor Condition Application (LCA)

Once selected, the employer needs to file an LCA with the Department of Labor to confirm fair wages, job terms, and working condition requirements for the region. You can download Form ETA-9035 from the DOL’s iCERT portal and submit it electronically.

Make sure the job title and wage level on the LCA match what you’ll later submit in your I-129. Even small inconsistencies (like a slightly different job title) can lead to delays or RFEs (Requests for Evidence) down the line.

Stage 3: Submit Form I-129 to USCIS (petition filing + key fees)

This is the actual H-1B petition. It includes the certified LCA, role details, and supporting documents (like the beneficiary’s resume and degree evidence).

Employers can use standard processing (often months) or premium processing, which can speed up processing to 15 days.

Premium processing fee: Premium processing is available for an additional $2,805.

The potential $100,000 payment (what triggers it)

Beginning September 21, 2025 (12:01 a.m. ET), certain H-1B petitions must include an additional $100,000 payment as a condition of eligibility.

The $100,000 payment applies if the petition is a “new” H-1B filing for a worker who is:

• Outside the United States, and
• Does not have a valid H-1B visa

It may also apply in situations where the petition requests:

• Consular notification
• Port of entry notification
• Pre-flight inspection

And it can also apply if USCIS determines the worker is not eligible for a requested change of status / amendment / extension (for example, if the worker is not in valid nonimmigrant status, or departs the US before the case is adjudicated).

How the $100,000 payment works (if required)

• Employers must pay through pay.gov
• Payment must be made before filing the petition
• Employers must include proof of payment scheduling (or evidence of an approved exception) with the I-129 filing
• If the petition is subject to the $100,000 payment and it’s filed without proof, it will be denied

In practice, it means tight timing, lots of documents, and even more coordination. With Deel Mobility, it doesn’t have to feel messy. Our immigration team helps file your I-129, maintain status, and speed things up with premium processing when needed. And because everything lives in one platform—forms, attorney coordination, and case tracking—you’re never left wondering where things stand.

That’s exactly how Quinn Litherland, founder of Authentic, got things back on track. After running into delays with other platforms, he turned to Deel for his visa petition. Deel reviewed his case, gathered the required documents, filed the petition, and secured approval in just three days.

Stage 4: Beneficiary applies for visa (if outside the US)

Once USCIS approves the Form I-129, the worker (if outside the US) applies for an H-1B visa at a US embassy or consulate. After that, they travel to the US and request entry at a port of entry managed by Customs and Border Protection (CBP). The employer covers most of the application costs.

Important: The Proclamation does not affect travel for people who already hold a valid H-1B visa. It also does not apply to petitions filed before September 21, 2025 (12:01 a.m. ET).

Streamline your H-1B petition application with Deel Mobility

Getting the right talent on board shouldn’t mean getting buried in visa processes. Deel Mobility supports you throughout all your hiring and employee immigration needs. From H-1Bs to H-4s, stamping, and green cards. It’s a quiet backbone for teams that want to move quickly and compliantly.

That support is why 1000+ teams like Revolut trust Deel for their immigration workflows. If you’re figuring out next steps for your H-1B strategy, we’re here to help. Schedule a free consultation to learn more.