The H-1B Visa for Employers: Sponsorship, Caps, and the Lottery

Sponsoring an H-1B worker means committing to a defined process and a set of obligations as the employer. The H-1B is the main route for hiring foreign professionals in specialty occupations, but the annual cap and lottery make timing and preparation everything. Here’s what sponsorship actually involves.

What sponsorship requires

You’re attesting to pay the required wage, that the role is a specialty occupation needing at least a bachelor’s degree in a specific field, and that hiring won’t harm similarly employed U.S. workers. You file a Labor Condition Application first, then the petition.

The annual cap

There’s a yearly limit on new H-1Bs, with a set number reserved for advanced-degree holders from U.S. institutions. Once the cap is hit, no more new petitions are accepted that year unless the employer is cap-exempt.

The registration lottery

Because demand far exceeds the cap, employers electronically register candidates in a set window each spring, and USCIS runs a random selection. Only selected registrations can move forward to a full petition. Registration and selection happen before you file the heavy paperwork.

Planning around it

Identify candidates early, get wage and role documentation ready before the registration window, and have a backup plan for candidates who aren’t selected: cap-exempt options, L-1, O-1, or trying again next cycle.

If you’re weighing your options, a consultation with Capitol Law Partners can map the right path for your situation. Schedule a consultation.

This article is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by this communication.

Attorney Cagatay Ersoy. Practical strategy for founders, investors, and growing companies.