By Thrapthi Perumal, Esq., US Immigration Attorney, Concord Visa. Last reviewed November 5, 2026. General information only, not legal advice; see the disclaimer at the end.
The short answer
The fastest H-1B route for a US startup is to hire someone already in the US in valid H-1B status and file a new petition for them. Under H-1B portability, they can usually start work once USCIS receives a properly filed petition, provided it is filed before their current stay expires.
Everyone else needs the H-1B lottery. USCIS has not yet announced the next registration dates. The last window ran March 4 to 19, 2026, so plan for a March 2027 registration and an October 1, 2027 start at the earliest.
For many early hires, a different visa is faster. Screen each person against the route table below before you budget for the lottery.
Why first-time sponsors get stuck
In my practice, the problem with first-time sponsors is rarely the forms. It is timing. An offer goes out with a start date before anyone has asked whether the hire needs the lottery, and by then the earliest realistic start is a year away. The fix is to settle the route for each person before the offer, not after.
Which route fits your hire
Only one route below uses the lottery. Check each hire against this table first.
Cap-gap for F-1 students. If you register an F-1 student and file a timely change of status petition, their F-1 status and work authorization can continue past the end of OPT until April 1 of the following year, under the cap-gap rule as amended in January 2025.
Missed the lottery? You can still use a cap-exempt employer plus a concurrent H-1B, another route above, or a year of employment at your foreign affiliate to open the L-1 later. If the cap-exempt job ends, your concurrent petition becomes cap-subject.
If you need the lottery: the timeline
A lottery hire starts October 1 at the earliest, so treat any lottery hire as an October 2027 start and tell the hiring manager before the offer goes out.
For context, the FY 2027 season drew about 211,600 unique registrations. USCIS announced on July 17, 2026 that both caps were reached, with no second selection round (Mintz). Most registrants are not selected, so plan the fallback before results arrive.
What it costs and who pays
A new lottery case costs a small employer about $2,225 in government fees and a larger employer about $3,595, before premium processing and legal fees. Almost all of it is legally the employer's cost. A "small employer" has 25 or fewer full-time equivalent US employees, counting affiliates.
Fees are from the USCIS fee schedule; premium processing rose to $2,965 for filings postmarked on or after March 1, 2026 (Greenberg Traurig). The FY 2028 registration fee will be confirmed when USCIS announces the season. Under 20 CFR 655.731(c), you cannot deduct these employer costs from pay if doing so takes the employee below the required wage.
Premium processing buys a decision within 15 business days, not a place in the lottery or an earlier start. A request for evidence stops the clock. It is worth paying for when a decision date stands between you and a start date: transfers, cap-exempt and concurrent filings, O-1A and L-1. For an April lottery filing with an October start, it is optional.
Your obligations as a sponsor
The LCA is a set of promises to the Department of Labor, and most first-time compliance problems start there. You promise to pay at least the higher of the actual wage for similar workers or the prevailing wage for the role and area, that the hire will not adversely affect other workers, that there is no strike or lockout, and that you have given notice of the filing.
- Choose the wage level honestly. The level you select at registration must be supported with evidence when you file the I-129.
- Build the public access file on time. It must be available within one working day of filing the LCA and hold the LCA, the pay rate, your actual wage system, the prevailing wage source, proof of notice and a benefits summary (20 CFR 655.760).
- Do not bench. You must pay the required wage during nonproductive time caused by the employer, such as lack of work (20 CFR 655.731(c)(7)).
- End employment properly. A bona fide termination means notifying the employee, telling USCIS and withdrawing the LCA. Until you do, back-wage liability can continue.
- Offer return transportation. If you dismiss the employee before the end of the approved period, you must pay the reasonable cost of return transportation abroad.
- Amend when things change. A move to a worksite outside the original area, or a material change in duties, usually needs a new LCA and an amended petition before the change.
What changed in 2026
One change is in force, one is blocked in court, and two are only proposed. Status as of November 5, 2026:
Sources: Samper Law on Global Nurse Force; case docket summary; Yale OISS on the proposed fee; Holland & Knight on the DOL proposal.
The practical effect: the old advice to "register everyone, it only costs a registration fee" no longer holds. A lottery-only hiring plan now carries real cost and legal uncertainty. A wage-weighted lottery also favors employers that can pay at the top of the band, which many early-stage startups cannot.
Before you file: checklist
- Screen each candidate against the route table before you budget for the lottery.
- Confirm whether the person is inside the US in valid status or abroad. That decides whether the $100,000 question applies at all.
- Set the offered wage with the weighted lottery in mind, and keep the evidence for the level you choose.
- Budget the employer-only fees per hire, and do not plan to recover them from pay.
- Name one person responsible for each hire's deadlines and public access file.
- Do not promise a start date until you hold a selection notice or an approval.
FAQ
Can a startup with no revenue sponsor an H-1B? Yes. You need a bona fide US employer, a genuine specialty occupation role, and the means to pay the LCA wage from day one. USCIS may ask for evidence such as funding records or financial statements. If the hire owns more than 50% of the company or holds majority voting rights, the first petition and first extension are each limited to 18 months.
Can we file for several hires at once? Yes. Register each candidate separately and file a separate LCA and I-129 for each person selected. Do not register the same person through related companies; USCIS may deny or revoke those petitions.
When is the next H-1B lottery? USCIS has not announced the FY 2028 dates. Most employers are planning for a March 2027 registration, filing from April 1, 2027 and an October 1, 2027 start.
Do we have to pay the $100,000 payment? Not at present. Court orders block collection, and it never applied to changes of status, amendments or extensions granted inside the US. Check the status again before filing for anyone abroad.
What is the fastest alternative to the lottery? It depends on the person: a transfer for current H-1B holders, OPT for recent US graduates, TN for Canadians and Mexicans, E-3 for Australians, L-1 after a year at your company abroad, or O-1A for a strong record of achievement.
How Concord helps
Concord works alongside your HR team across several hires and markets. We screen each hire for the fastest route, map the deadlines and keep each case moving. Legal work on every case is prepared by attorneys at Crimson Talent Immigration, LLC. We do not promise outcomes, and the lottery cannot be gamed.
Planning your first international hires? Start with Concord's pre-assessment, and know which route fits each person before you promise anyone a start date.
Attorney advertising. This article is general information about US immigration law as of November 5, 2026. It is not legal advice for your situation and does not promise any outcome. Reading it, or contacting us about it, does not create an attorney-client relationship. US legal services are provided solely by Crimson Talent Immigration, LLC, an Alternative Business Structure licensed by the Arizona Supreme Court, under a separate client agreement.
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