H-1B Visa Process: What Florida Employers and Workers Need to Know

A Jacksonville hospital needs a radiologist it cannot find locally. A software company on the Southside finds the right backend engineer, but she is finishing her degree on a student visa. A manufacturer near the port wants to bring an experienced engineer over from its overseas office. Each of them faces the same question: how do we hire this person legally, and how long will it take?

For most of these employers, the answer runs through the H-1B program, one of the most tightly regulated hiring processes in the country. It follows a fixed annual calendar, and between 2025 and 2026 almost every part of it changed, from the lottery to the fees.

This guide explains how the H-1B visa process works today, what it costs, which new rules matter, and what Florida employers and workers should plan for before the next cap season.

What Is the H-1B Visa and Who Qualifies?

The H-1B is a temporary work visa for specialty occupations, jobs that require at least a bachelor’s degree, or its equivalent, in a specific field. Software engineers, physicians, accountants, and university researchers are common examples.

A worker cannot apply alone. The employer files the petition and must show three things:

• A qualifying position: The job requires a degree in a specific field directly related to its duties.
• A qualified worker: The worker holds that degree, a foreign equivalent, or equivalent education and experience.
• The required wage: The employer pays the higher of the prevailing wage or the actual wage it pays similar employees.

How the H-1B Visa Process Works

Most new H-1B workers are subject to an annual cap of 65,000 visas, plus 20,000 for holders of a U.S. master’s degree or higher. Because demand far exceeds supply, employers must first win a spot through electronic registration.

USCIS announces the exact dates shortly before each season. For FY 2028, which covers jobs starting on or after October 1, 2027, the usual cycle would look like this:

Employees of cap-exempt employers, such as universities and nonprofit research organizations, are not subject to the lottery and can be sponsored at any time of year. A DHS proposal sent for White House review in August 2026 could change who qualifies for this exemption, but it has not yet been published.

Filing the LCA and Form I-129

After selection, the employer completes two filings. The first is the Labor Condition Application (LCA) with the Department of Labor, which confirms the wage, the worksite, and the working conditions. It is usually processed within seven working days.

The second is Form I-129 with USCIS, which includes the certified LCA, a detailed job description, and proof of the worker’s degree. Vague duties or a weak link between the degree and the job are common reasons for a Request for Evidence, which can delay a case for months.

With premium processing, USCIS must approve, deny, or request more evidence within 15 business days.

How the Weighted H-1B Lottery Works

Since February 27, 2026, USCIS no longer selects registrations purely at random. Under the weighted selection rule, each worker receives one to four entries based on the wage level of the offered salary. A Level IV salary earns four entries, while a Level I salary earns one.

USCIS still counts each worker only once. When several employers register the same person, the worker is entered at the lowest wage level among those registrations.

FY 2027 was the first season under these rules. USCIS received about 211,600 registrations, compared with nearly 344,000 eligible registrations the year before. It reached the cap on March 31, 2026, and in July confirmed that no second selection round would take place.

Recent graduates often receive entry-level offers and therefore fewer entries. For international students, the F-1 to H-1B change of status also depends on OPT dates and the cap-gap extension.

Choosing the Right Wage Level

An employer cannot simply pick a wage level to improve its odds. The level comes from Department of Labor wage data for the job’s occupation and location, and if the worker will work in several places, the lowest level applies.

USCIS also compares the registration, the LCA, and the petition. Inconsistent information can lead to a denial or revocation, so changing the title, duties, location, or salary after selection puts the case at risk.

The wage levels themselves may rise. In March 2026, the Department of Labor proposed raising each level to a higher percentile of local wages:

As of October 2026, the proposal has not been finalized. If adopted, it would raise the minimum salary for many H-1B positions and affect green card cases filed through PERM.

What Does H-1B Sponsorship Cost?

Government fees depend on the employer’s size, nonprofit status, and the type of petition. The main H-1B sponsorship costs for a new cap-subject worker are:

Since September 9, 2026, the $4,000 fee also applies to same-employer extensions for companies that meet that 50% test.

Federal law prohibits passing the ACWIA fee on to the worker. Other petition costs, including attorney’s fees, cannot be charged to the worker if doing so would reduce pay below the required wage.

The $100,000 Fee and the Proposed $103,265 Fee

A presidential proclamation signed on September 19, 2025, required a $100,000 payment for new H-1B petitions filed on or after September 21, 2025, for workers outside the United States. Approved changes of status, amendments, and extensions for workers already inside the country were exempt.

Courts have reached different conclusions. A federal court in Washington, D.C., upheld the fee in December 2025, and that case is on appeal. A federal court in Massachusetts vacated it on June 8, 2026, and after the First Circuit declined to pause that ruling in July, USCIS stopped collecting it.

The proclamation was extended on September 18, 2026, through September 21, 2027, but on September 30, a federal court in California blocked the policies that carry out both the original order and the extension. With appeals still pending, employers hiring from abroad should confirm the fee’s status before filing.

Separately, DHS proposed a $103,265 fee on August 25, 2026, for every cap-subject petition, including master’s cap cases, wherever the worker is located. Cap-exempt petitions, extensions, and transfers would be excluded. It applies only if a final rule takes effect.

Hiring an H-1B Worker From Outside the U.S.

When the worker is abroad, USCIS approval is only half of the process. The worker must still obtain a visa at a U.S. consulate, a step that has become slower and less predictable.

Since September 2025, most applicants must attend an in-person interview, generally in their country of nationality or residence. Since December 15, 2025, the State Department has also reviewed the online presence of H-1B and H-4 applicants, who are asked to make their social media profiles public. Many interviews in India were then rescheduled by several months.

Nationality matters as well. Under a travel proclamation effective January 1, 2026, nationals of 19 fully restricted countries, along with holders of Palestinian Authority travel documents, generally cannot receive H-1B visas, subject to limited exceptions. The partial restrictions on other countries do not cover H-1B visas.

Employers hiring from abroad should build extra time into the start date and avoid promising a fixed first day until the visa is issued.

Employer Obligations After the Petition Is Approved

Approval is not the end of the employer’s responsibilities. The Department of Labor and USCIS actively enforce these ongoing duties:

• Pay during downtime: The required wage is owed even when there is no work because of a business decision, a practice known as benching.
• Post the LCA notice: At the worksite for 10 business days, or electronically.
• Keep a public access file: It must hold the LCA and supporting wage records.
• Amend for material changes: A new worksite outside the LCA area or significantly different duties generally require a new LCA and an amended petition.
• End employment properly: After an early dismissal, notify USCIS and offer the reasonable cost of return transportation.
• Allow inspections: Refusing a USCIS site visit can lead to denial or revocation.

The Department of Labor has also stepped up enforcement through Project Firewall, launched in September 2025. When employment ends, the worker may have a grace period of up to 60 days to find a new sponsor, change status, or leave.

What Florida Employers Should Know

Federal law sets the H-1B rules, but several Florida factors shape how they apply locally:

Health care, technology, logistics, and engineering employers, where much of Northeast Florida’s H-1B hiring takes place, should review these points before each cap season.

Transfers, Extensions, and Green Card Sponsorship

A worker already counted against the cap can usually change employers without entering the lottery again. Under H-1B portability, the worker may start with the new employer as soon as its petition is properly filed, if the worker is in valid status. The exception is a worker who has only worked for cap-exempt employers and has never been counted against the cap, who must be selected before moving to a cap-subject employer.

H-1B status is granted for up to three years at a time, with a total limit of six years. Time spent abroad can often be recaptured, and workers in the green card process may extend beyond six years:

• One-year extensions: When a PERM or I-140 was filed at least 365 days before the extension begins and has not been denied.
• Three-year extensions: When the I-140 is approved but per-country limits block the green card filing.

Because the H-1B allows the worker to intend to immigrate, an employer can sponsor permanent residence at the same time. The usual path runs through PERM, Form I-140, and then adjustment of status or consular processing, as explained for permanent residency through employment.

How Weldon Law Group Can Help With the H-1B Process

The H-1B process rewards early planning and punishes small mistakes, and many of its rules are still changing in federal courts and agencies.

At Weldon Law Group, PLLC, our Jacksonville work visa attorneys help employers and professionals throughout Northeast Florida at every stage of the H-1B process, in English and Spanish. Our services include:

• Cap season planning: Registrations, wage level analysis, and deadlines.
• Petition preparation: LCAs, Form I-129 filings, and responses to Requests for Evidence.
• Cap-exempt and transfer petitions: Universities, research organizations, and workers changing employers.
• Compliance guidance: Public access files, worksite changes, terminations, and site visits.
• Green card sponsorship: PERM, I-140 filings, and extensions beyond six years.

Contact Weldon Law Group today to schedule a free consultation.

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