top of page

Step by Step: How the H-1B1 Visa Process Works for U.S. Employers

Updated: 3 days ago


For U.S. employers, one of the most common sources of confusion around the H-1B1 visa is when the process actually starts, how long each step takes, and who is expected to pay for what.

The H-1B1 visa is often perceived as complex, but in reality it follows a clear and structured sequence. Understanding this sequence—and the typical costs involved—allows employers to plan international hires with confidence and avoid unnecessary delays.



Before Step 1: Candidate Identification and Selection

The H-1B1 process does not begin until a candidate has been identified and selected.

There is:

  • No pre-registration

  • No lottery

  • No government filing

  • No cost incurred

before the employer has:

  • Completed recruitment

  • Selected a candidate

  • Decided to move forward with an offer

(U.S. Department of Labor, H-1B1 Program Overview)

This means employers can recruit first and assess visa feasibility second, without upfront immigration spend.


Step 1: Define the Role and Confirm Visa Eligibility (After Candidate Selection)

Once a candidate is selected, the employer confirms that:

  • The role qualifies as a specialty occupation

  • The candidate’s degree aligns with the role

  • The position meets prevailing wage standards

This is an internal validation step before any government filing (U.S. Department of Labor, Employment Law Guide).

📆 Estimated time: 2–5 business days

💰Cost: $0


Step 2: Prevailing Wage Review

The employer must confirm that the offered salary meets or exceeds the prevailing wage for the occupation and location.

This can be done:

  • Internally using official DOL wage data, or

  • With external professional or legal support

(U.S. Department of Labor, Foreign Labor Certification Data Center)

📆 Estimated time: 1–3 business days

💰Costs: $0 if reviewed internally or ~$150–300 USD if supported by external advisors or legal counsel.

Using external support is not mandatory, but it reduces the risk of wage misalignment that could delay the process.


Step 3: File the Labor Condition Application (LCA)

The Labor Condition Application (LCA) is the first formal government step. It confirms:

  • Wage compliance

  • Working conditions

  • No adverse impact on U.S. workers

LCAs are filed electronically and usually approved quickly (U.S. Department of Labor, LCA Guidelines).

📆 Estimated time: ~7 business days

💰Costs: $0 (no government filing fee)



Step 4: Immigration Case Preparation (Primary Employer Cost)

Once the LCA is certified, documentation for the consular process is prepared, typically including:

  • Employer support letter

  • Job description and organizational context

  • Candidate academic credentials

This step is usually handled with an immigration attorney or specialized provider (U.S. Department of State, Nonimmigrant Visa Procedures).

📆 Estimated time: 1–2 weeks

💰Costs: ~$2,000–4,000 USD (legal / professional preparation)


Step 5: Consular Processing and Visa Interview

The candidate applies for the visa and attends an interview at a U.S. consulate.

(U.S. Department of State, Consular Processing Times)

📆 Estimated time: 1–3 weeks

💰Costs: Visa application fee: ~$205 USD

Best practice. Some employers reimburse the visa fee. While not mandatory, this often avoids last-minute delays when candidates cannot absorb upfront costs.

Step 6: Travel to the U.S. and Employment Start

Once the visa is issued:

  • The candidate may enter the U.S.

  • Employment can begin immediately

  • There is no fixed annual start date

💲Costs: Airfare from Chile to the U.S.: ~$700–1,200 USD one-way, depending on city, season, and airline.


Overall Timeline and Cost Summary

  • ⏱️ Total estimated duration: 4–8 weeks
  • 💰 Typical Costs: ~$3.000– 5.700


Why Having the Right Recruitment Partner Matters

Although the H-1B1 process is structured, most delays occur before immigration filings—during recruitment and eligibility validation.

A recruitment partner with:

  • Experience in H-1B1-eligible roles

  • Knowledge of local education systems and labor markets

  • Ability to pre-screen for degree alignment and role fit

helps employers avoid misclassification, rework, and stalled cases.

This is particularly important when recruiting from Chile, where high-quality professional talent exists but local academic and career structures require informed evaluation.


Final Thought

The H-1B1 visa offers U.S. employers a predictable, cost-efficient, and non-lottery pathway to hire international professionals. When employers understand when the process begins, who pays for what, and how to keep timelines moving, the visa becomes a practical hiring tool rather than an obstacle.


If your organization is considering the H-1B1 visa and wants guidance on both the process and recruitment strategy, our team can help you evaluate eligibility, costs, and timelines—while connecting you with qualified professionals from Chile.

Comments

Rated 0 out of 5 stars.
No ratings yet

Add a rating
2
bottom of page