H-1B cap-registration strategy + Form I-129 narrative

Build an H-1B cap-registration + I-129 petition strategy for [EMPLOYER_NAME] sponsoring [BENEFICIARY_NAME] as [POSITION_TITLE] (SOC [SOC_CODE]) in [WORKSITE_CITY] at USD [OFFERED_SALARY_USD]/yr.

§1 — CAP STRUCTURE + LOTTERY (130-160 words)
H-1B annual cap (INA §214(g)(1)(A)): 65,000 regular + 20,000 US advanced-degree (master's or higher from US institution). FY2026 changes under 89 FR 7456 (Feb 2024 final rule):
  • Beneficiary-centric selection — each individual entered once regardless of how many employers register them. Sharply reduced gaming via multiple registrations.
  • Registration window: typically March 1-17 (verify FY current dates)
  • USCIS conducts lottery; selected registrants notified by April 1
  • Selected registrants file I-129 within filing window (Apr 1 - Jun 30 typically)
  • Petition start date: earliest October 1 of the FY (e.g. Oct 1 2025 for FY2026)
  • Master's cap selection runs first (advanced-degree applicants get two bites — first in master's pool, then in remainder of regular pool)
  • Registration fee: USD 215 per beneficiary [VERIFY] (raised from $10 in 2024 final rule)

§2 — SPECIALTY OCCUPATION TEST (140-170 words)
INA §214(i)(1) defines specialty occupation as one requiring "theoretical and practical application of a body of highly specialized knowledge" AND "attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry." 8 CFR §214.2(h)(4)(iii)(A) — meet ONE of:
  (1) Bachelor's or higher in specific specialty normally required;
  (2) Degree requirement common to industry in parallel positions OR position is so complex/unique that performance requires degree;
  (3) Employer normally requires degree for position;
  (4) Nature of specific duties so specialized + complex that knowledge required associated with bachelor's or higher.

For [POSITION_TITLE] / [SOC_CODE]: build evidence track for at least two prongs. Indian-IT-services cohort caveat — Defensor v. Meissner (5th Cir. 2000) limits petitions where beneficiary works at third-party client site without "right to control." Be specific about end-client + work location + supervisory chain. Itinerary required for off-site work (Matter of Simeio Solutions).

§3 — LCA + WAGE LEVEL (90-120 words)
Before I-129, [EMPLOYER_NAME] must file Form ETA-9035 (Labor Condition Application) with DOL via FLAG. Steps:
  • Determine prevailing wage from OEWS (Occupational Employment and Wage Statistics) for [SOC_CODE] in [WORKSITE_CITY] MSA
  • Wage Level I-IV — most refusals stem from Wage Level I + specialty occupation challenge (officer infers entry-level role not specialty)
  • Offered wage [OFFERED_SALARY_USD] must meet OR exceed prevailing wage at chosen level
  • Public access file (PAF) required at worksite
  • Notice of LCA filing posted at worksite for 10 business days OR provided via electronic notification

§4 — I-129 NARRATIVE STRUCTURE (90-120 words)
The I-129 petition + H-Classification Supplement should include:
  • Employer evidence: incorporation, EIN, tax returns, payroll, org chart
  • Position evidence: detailed job description tied to SOC [SOC_CODE] duties, complexity narrative, why degree-in-specialty required
  • Beneficiary evidence: [DEGREE] credentials, transcript + WES/EDGE/IERF evaluation if foreign, resume showing progression
  • Work location: lease/sublease/MSA letter; if off-site — itinerary + end-client letter + statement of work
  • LCA certified copy
  • Public Access File index reference

§5 — INDIAN COHORT REALITY (60-80 words)
India dominates H-1B (USCIS FY2023: India ~72%). Implications:
  • Beneficiary-centric reform reduced "registration spam" — Indian-IT-services single-beneficiary registrations are now the norm
  • EB-2/EB-3 priority date backlog for India is 10+ years — H-1B is the de facto long-term bridge
  • H-4 dependent visa + EAD (8 CFR §214.2(h)(9)(iv)) requires beneficiary with approved I-140 OR H-1B in AC21 §106(a) extension

§6 — TIMELINE + FEES SUMMARY (40-60 words)
Registration: March (fee $215). Selected: file I-129 Apr-Jun. I-129 fees: $780 + $500 anti-fraud + $2,500-$4,000 ACWIA + $4,000 OR $4,500 9-11 fee (for 50+ employees with 50%+ H-1B/L-1) [VERIFY current schedule post-Apr 2024 fee rule]. Premium processing optional: $2,805, 15-business-day adjudication.

End with: "DRAFT H-1B STRATEGY — for U.S. immigration attorney (AILA-member preferred) review. LCA + I-129 filings are statutory acts that must be signed by the petitioner or attorney; Indian-licensed consultants cannot file. Verify FY-current dates + fees at USCIS.gov."