Selected in H-1B Lottery? Here's What to Do Next
Congratulations on your FY 2027 H-1B lottery selection! Now the real work begins. Your employer has 90 days to file the I-129 petition. Here's your complete checklist.
Critical Deadline
Filing Window: April 1 - June 30, 2026
Your employer must file the I-129 petition within 90 days of April 1.
Missing this deadline forfeits your selection - there are no extensions.
Your Post-Selection Timeline
| Timeframe | Action |
|---|---|
| Week 1 (Now) | Confirm selection, gather documents, employer starts LCA |
| Week 1-2 | LCA certified by DOL (typically 7 days) |
| Week 2-4 | Attorney prepares I-129 petition package |
| April 1+ | File I-129 with USCIS (earlier = better) |
| If Premium Processing | Decision within 15 business days |
| If Regular Processing | Decision in 3-6 months typically |
| October 1, 2026 | H-1B employment can begin (start of FY 2027) |
Required Documents Checklist
From the Beneficiary (You)
- Valid passport (copy of bio page)
- All previous US visas (copies)
- Current I-94 arrival record
- Bachelor's degree certificate
- Official transcripts (all degrees)
- Credential evaluation (if foreign degree)
- Updated resume/CV
- Previous H-1B approvals (if any)
- EAD card (if on OPT)
From the Employer
- Certified Labor Condition Application (LCA)
- Support letter on company letterhead
- Detailed job description
- Organizational chart
- Company tax returns (latest)
- Proof of ability to pay salary
- Client letters (if consulting company)
H-1B Filing Fees (2026)
| Fee | Amount | Notes |
|---|---|---|
| I-129 Base Filing Fee | $780 | Required for all petitions |
| Asylum Program Fee | $600 | Required (new in 2024) |
| ACWIA Fee | $750-$1,500 | $750 (≤25 employees) / $1,500 (>25) |
| Fraud Prevention Fee | $500 | Required for initial/change of employer |
| Public Law 114-113 Fee | $4,000 | If >50 employees AND >50% on H-1B/L-1 |
| Premium Processing (Optional) | $2,805 | 15-business-day guarantee |
| Typical Total | $2,630 - $7,685+ | Varies by employer size |
Note: Employers must pay most fees. Beneficiaries cannot pay employer-required fees. Premium processing fee can be paid by either party.
Should You Use Premium Processing?
Yes, if...
- • Your OPT expires before October 1
- • You need to travel internationally before start date
- • Employer wants certainty before October
- • You have a complex case that may need RFE response time
Maybe not, if...
- • You have valid status through October 1
- • Budget is a concern
- • No urgent travel plans
- • Case is straightforward (strong specialty occupation)
F-1 Students: Cap-Gap Extension
If you're on F-1 OPT and your employer files an H-1B petition, you receive automatic cap-gap extension of your OPT and work authorization through September 30, 2026 (or until the petition is denied/withdrawn).
Requirements:
- • Valid F-1 status when petition is filed
- • OPT EAD was valid when petition was filed
- • H-1B petition is cap-subject (not exempt)
- • Requested start date is October 1
Action: Request an updated I-20 from your school showing the cap-gap extension. Carry this with your EAD.
Common Mistakes to Avoid
Missing the June 30 deadline
Set multiple reminders. Aim to file by mid-May at the latest. Delays in LCA certification or document gathering can derail your timeline.
Inconsistent information
Ensure job title, salary, and duties match across LCA, I-129, and support letter. Inconsistencies trigger RFEs.
Weak specialty occupation evidence
Clearly explain why the job requires a bachelor's degree in a specific field. Generic job descriptions lead to denials.
Traveling internationally before approval
If you're on OPT, leaving the US before H-1B approval can be risky. Consult your attorney before any travel.
Frequently Asked Questions
Can I start working before October 1?
No. H-1B cap-subject employment cannot begin until October 1, the start of the fiscal year. If you're on OPT, you can continue working on OPT until September 30. On October 1, your H-1B status automatically activates if approved.
What if I get an RFE (Request for Evidence)?
RFEs are common and not a denial. You typically have 60-87 days to respond. Work with your attorney to address each point thoroughly. If you used premium processing, the 15-day clock restarts after your RFE response.
Can I change employers after selection but before October 1?
No. Your lottery selection is tied to the registering employer. If you change jobs before October 1, you lose your selection. After October 1 (once on H-1B status), you can transfer to a new employer.
What if my petition is denied?
If denied, you lose this year's selection. Options include: appeal/motion to reopen (limited success), finding a cap-exempt employer, switching to O-1 visa if qualified, or trying the lottery again next year. If on OPT, your work authorization ends 60 days after denial.