10 Questions to Ask Before Accepting an H-1B Sponsorship Offer

When you have an H-1B sponsorship offer in front of you, evaluating whether the employer can actually deliver is as important as evaluating the role itself. These ten questions, drawn from USCIS and DOL sources, help you assess the employer's petition history, fee compliance, timeline readiness, and long-term immigration support. This checklist is for international professionals who already have an offer, or are close to one, and want to verify the employer's capability before committing.

Before you sign: due diligence on the employer

Question 1: Has this employer sponsored H-1B workers before?

An employer's H-1B petition history is public record, and checking it takes five minutes. Petition counts and approval rates from FY 2009 onward are searchable in the H-1B Employer Data Hub by employer name, city, state, zip code, and NAICS code. You can also cross-reference the employer's LCA filings in the Office of Foreign Labor Certification (OFLC) performance data for a second layer of verification.

Look for multiple years of approvals, consistent filing volume, and a low denial rate. A single petition with a 100% approval rate doesn't mean experience. Zero petition history is a red flag, and you should also check the debarment list to confirm the employer isn't barred from the program.

These public datasets let you verify sponsorship promises before committing. You can also browse H-1B sponsor companies to compare your offer against known sponsors.

Question 2: Is the employer cap-exempt?

Cap-exempt employers don't participate in the H-1B lottery at all, which eliminates the biggest source of uncertainty in the process. Universities, nonprofit research organizations, and government research labs are exempt from the 65,000 annual H-1B cap and don't require lottery selection, according to USCIS cap season guidance. The regular cap is 65,000 per year, plus an additional 20,000 for U.S. master's degree holders.

A good answer here is that the employer confirms cap-exempt status, can file year-round, and isn't constrained by an October 1 start date. Some employers are partially cap-exempt, meaning they file some cap-exempt and some cap-subject petitions. Ask which category your role falls under. If the employer says "we're cap-exempt" but the role is in a for-profit subsidiary, that's a red flag worth investigating.

Cap exemption is one of the clearest differentiators between offers. If you're comparing multiple opportunities, explore cap-exempt H-1B employers to see which organizations qualify.

Understanding the offer terms

Question 3: Who pays the H-1B filing fees?

Federal law prohibits employers from passing certain H-1B costs to the worker. If an employer asks you to pay these fees, that's not a negotiation tactic. It's a violation under H-1B pay deductions guidance.

The employer must pay the American Competitiveness and Workforce Improvement Act (ACWIA) training fee ($750 for employers with 25 or fewer full-time employees, $1,500 for larger employers) and the $500 fraud prevention fee, as established in H-1B pay deductions rules. All these amounts are subject to change, so verify current figures at USCIS.gov.

The registration fee and optional premium processing are additional costs. Petitions filed on or after September 21, 2025 also require a $100,000 Proclamation fee, as detailed in USCIS I-129 guidance. If the employer includes any prohibited fees in a repayment agreement or deducts them from your salary, that's a federal violation.

Ask specifically which fees the employer covers and get it in writing. A compliant employer won't hesitate to confirm this.

Question 4: What is the employer's H-1B petition timeline?

Cap-subject H-1B petitions follow a fixed annual cycle with no flexibility on key dates. An employer who doesn't know this timeline isn't ready to sponsor you. Registration happens in March (the $215 per-registration fee is confirmed on the USCIS cap season page), selection results follow, the filing window opens April 1, and employment can't start before October 1.

A good answer looks like this: the employer has a clear internal timeline, knows when to file the LCA (which takes seven working days to process), has already budgeted for the registration and filing fees, and has contingencies for delays. A red flag is an employer who promises an H-1B "start date" before October 1 for a cap-subject petition or doesn't know what the registration period is.

If you're interviewing in January for an October start, ask whether the employer has already budgeted for the registration and filing fees. Employers who've done this before have the entire process mapped out.

Long-term path and green card planning

Question 5: Will the employer support green card sponsorship?

Green card sponsorship through the Program Electronic Review Management (PERM) labor certification and I-140 process is entirely separate from H-1B sponsorship, and employers aren't legally required to do it. Understanding the distinction early prevents surprises later, as outlined in USCIS nonimmigrant worker options.

A good answer includes a stated green card policy, a specific timeline (such as after one year of employment), and the intended category (EB-2 or EB-3). "We'll discuss that later" or no answer at all is a red flag. Without a green card path, the H-1B is a six-year dead end. If you have an I-485 pending for 180 or more days with an approved I-140, the American Competitiveness in the 21st Century Act (AC21) portability provision lets you transfer to a new employer in the same or similar occupational classification.

This question separates employers who see you as a long-term hire from those filling a short-term need. Get the answer before you accept.

Question 6: Does the employer use an experienced immigration attorney?

The H-1B petition requires a certified LCA from the DOL and Form I-129 filed with USCIS. An experienced immigration attorney reduces the risk of Requests for Evidence (RFE) that can delay or sink a petition. LCA processing typically takes seven working days, according to USCIS H-1B requirements.

A good answer is that the employer names a specific immigration law firm or in-house immigration counsel, has filed petitions before with that attorney, and can connect you directly. A red flag is an employer who says HR "handles it" with no immigration-specific experience, or who plans to use a general business attorney.

Risk and contingency planning

Question 7: What happens if you aren't selected in the H-1B lottery?

Not getting selected in the H-1B lottery is a real possibility, and employers who haven't thought through a contingency plan will leave you in a difficult position. Starting FY 2027, your wage level directly affects your odds. Under weighted selection rules effective in 2027, Level IV registrations get four entries, Level III get three, Level II get two, and Level I gets one. This means salary negotiation is now an immigration variable, not just a compensation discussion.

A good answer here is that the employer has a backup plan: OPT extension if you're eligible, a cap-exempt affiliated role, or another visa category like O-1 or L-1. A red flag is an employer with no contingency plan who treats non-selection as the end of the road. You can learn more about H-1B lottery options to prepare your own backup plan.

An employer who has filed multiple petitions across lottery cycles knows the risk and plans for it. Ask what they've done in prior years when candidates weren't selected, and verify their filing history in the USCIS data hub as a reference point.

Question 8: Does the position qualify as a specialty occupation?

The H-1B requires a specialty occupation, defined as a role that needs theoretical and practical application of highly specialized knowledge and at minimum a bachelor's degree in a specific specialty. This is a foundational requirement outlined in the DOL H-1B program overview.

A good answer is a job description that specifies a degree requirement in a named field directly related to the role's duties. A red flag is a generic title like "analyst" or "consultant" with no specific specialty requirement. USCIS scrutinizes vague job descriptions, and these attract RFEs. If the role doesn't qualify, the petition fails regardless of the employer's intentions or track record.

Compliance and worker protections

Question 9: Will the employer pay at least the prevailing wage?

The employer must pay you the higher of the prevailing wage or the actual wage paid to similarly employed workers. This isn't optional. It's a legal attestation on the LCA, as explained in the DOL required wage guidance.

A good answer is that the employer can tell you the prevailing wage for the position's Standard Occupational Classification (SOC) code and location, and the offered salary meets or exceeds it. A red flag is a vague salary offer, or a number that seems low for the role and metro area. Underpayment is a federal violation, and as covered in Question 7, the wage level also determines your lottery multiplier under the weighted selection system.

Prevailing wage is occupation- and location-specific. The same job title pays different prevailing wages in different cities. Ask the employer to confirm the SOC code and wage level they'll use on the LCA.

Question 10: What are your options if you leave or lose the job?

Understanding your exit options before you start protects your ability to continue working in the U.S. if things don't work out. H-1B workers get a discretionary grace period of up to 60 consecutive calendar days after termination, as described in USCIS post-termination guidance. USCIS can deny the grace period if circumstances suggest you have abandoned your status rather than actively transitioning.

H-1B portability allows you to start working for a new employer as soon as a new petition is properly filed, before approval, according to DOL portability guidance. The employer must also pay reasonable return transportation costs after involuntary termination. During the grace period, you can port to a new employer, change status, or file for adjustment of status.

A good employer explains these protections proactively and includes return transportation obligations in the offer letter. Ask whether the offer letter addresses what happens if employment ends. An employer who's done this before won't be surprised by the question.

How to find employers with a proven H-1B track record

Every question above is designed to separate employers who can deliver on H-1B sponsorship from those who can't. The risk isn't just that sponsorship fails. It's that you don't find out until you're already committed. You can reduce that risk by starting with employers who have already filed, already paid the fees, and already navigated the process.

Verify petition history through the USCIS data hub and DOL OFLC data, but also start your search with employers who have a confirmed filing track record. Resources on visa sponsorship research can help you focus your search on verified sponsors. You can also filter for visa-sponsorship jobs by employer type to see which companies are actively filing.

Frequently asked questions