Crescent Law | Sponsorship Process
How to Sponsor an H-1B Worker in Seattle
Hiring international talent requires navigating a multi-step process with strict regulatory requirements. This guide walks employers through each phase of H-1B sponsorship.
Crescent Law | Sponsorship Process
How to Sponsor an H-1B Worker in Seattle
Hiring international talent requires navigating a multi-step process with strict regulatory requirements. This guide walks employers through each phase of H-1B sponsorship.
Overview of Employer-Sponsored H-1B Petitions
The H-1B visa allows U.S. employers to temporarily employ foreign workers in specialty occupations that require at least a bachelor's degree in a specific field. The employer acts as the petitioner and bears the legal and financial responsibility for the process. For Seattle employers across the technology, healthcare, engineering, and professional services sectors, H-1B sponsorship is a vital tool for accessing the global talent pool. Understanding each step of the process helps employers plan timelines, budget appropriately, and avoid common compliance pitfalls.
Step-by-Step Sponsorship Process
Determine the Position Qualifies as a Specialty Occupation
The position must require the theoretical and practical application of a body of highly specialized knowledge, and a bachelor's degree or higher in a specific specialty. Generic or broadly defined roles may face challenges during adjudication.
Obtain a Prevailing Wage Determination
Request a prevailing wage determination from the Department of Labor's National Prevailing Wage Center. This establishes the minimum wage the employer must offer for the specific occupation and geographic area, including the Seattle-Bellevue-Tacoma metropolitan statistical area.
File the Labor Condition Application
Submit a Labor Condition Application (LCA) to the DOL certifying that the employer will pay at least the prevailing wage or actual wage, whichever is higher, and will not adversely affect the working conditions of similarly employed U.S. workers.
Post LCA Notice at the Worksite
The employer must post the LCA or a notice of filing at the worksite for 10 consecutive business days. If workers are represented by a union, notice must be provided to the bargaining representative instead.
Prepare and File Form I-129
Compile the petition package including the certified LCA, employer support letter, detailed job description, evidence of the worker's qualifications, and all required USCIS forms and fees. File with the appropriate USCIS service center.
Manage Post-Filing Obligations
Maintain the public access file, comply with wage requirements throughout the employment period, and notify USCIS of any material changes to the terms of employment.
Estimated H-1B Sponsorship Costs
| Fee Component | Amount | Notes |
|---|---|---|
| Base Filing Fee (I-129) | $780 | Required for all petitions |
| ACWIA Training Fee | $750 or $1,500 | $750 for employers with 25 or fewer full-time employees; $1,500 for larger employers |
| Fraud Prevention and Detection Fee | $500 | Required for initial petitions and change of employer |
| Asylum Program Fee | $300 or $600 | $300 for small employers; $600 for employers with 25+ employees |
| Premium Processing (Optional) | $2,805 | Guarantees 15 business day initial action |
| Legal Fees | Varies | Attorney fees for petition preparation and filing |
Fee Component
Base Filing Fee (I-129)
Amount
$780
Notes
Required for all petitions
Fee Component
ACWIA Training Fee
Amount
$750 or $1,500
Notes
$750 for employers with 25 or fewer full-time employees; $1,500 for larger employers
Fee Component
Fraud Prevention and Detection Fee
Amount
$500
Notes
Required for initial petitions and change of employer
Fee Component
Asylum Program Fee
Amount
$300 or $600
Notes
$300 for small employers; $600 for employers with 25+ employees
Fee Component
Premium Processing (Optional)
Amount
$2,805
Notes
Guarantees 15 business day initial action
Fee Component
Legal Fees
Amount
Varies
Notes
Attorney fees for petition preparation and filing
Employers Cannot Pass Fees to Workers
Federal law prohibits employers from requiring H-1B workers to pay or reimburse the ACWIA training fee, fraud prevention fee, or asylum program fee. Violating this rule can result in penalties and sanctions from the Department of Labor. Employers should budget for these costs as part of the overall sponsorship investment.
Pre-Filing Checklist for Employers
- Confirm the position meets the specialty occupation standard
- Verify the worker holds the required degree or equivalent experience
- Obtain or request a prevailing wage determination for the Seattle metro area
- Prepare a detailed job description with specific duties and requirements
- Determine filing strategy: cap-subject lottery or cap-exempt filing
- Budget for all required government fees and legal costs
- Establish a public access file at the worksite location
For Employers
Ready to Sponsor an H-1B Worker?
Crescent Law guides Seattle employers through every step of the sponsorship process, from initial evaluation through petition approval and ongoing compliance.
Frequently Asked Questions
How long does the H-1B sponsorship process take from start to finish?
Can a small Seattle company sponsor an H-1B?
What happens if the sponsored employee leaves the company?
Can the employer recoup H-1B costs from the worker?
Ready to Move Forward?
Whether you are a professional exploring your visa options or an employer building a global team, we are here to help you navigate the process with clarity and confidence.
Submitting a consultation request does not create an attorney-client relationship. Legal services provided by Crescent Law.