# USCIS and the H-1B program
> https://www.xh1b.org/learning/uscis
## USCIS and the H-1B program
Four agencies handle distinct decisions. DOL certifies the LCA, USCIS decides the petition, State decides any required visa, and CBP decides admission. Approval at one step does not guarantee approval at the next. A certified LCA does not prove later wage compliance. [1](#reference-uscis-h1b-petition) [2](#reference-uscis-lca-review) [3](#reference-uscis-work-visa)
| Fact | Value |
|---|---|
| Agencies | 4 |
| USCIS decides | The petition |
| DOL decides | The LCA |
| Visa stamp | State Dept |
## Four agencies, four decisions
| Agency | Full name | Decides | What it does | What it does not do |
|---|---|---|---|---|
| USCIS | United States Citizenship and Immigration Services (DHS) | The petition | Runs the announced H-1B cap registration and selection process. Decides Form I-129 petitions, including requests for extensions, changes of employer, and amendments. Petition fees are specified in DHS regulations. [4](#reference-uscis-registration) [5](#reference-uscis-fee-schedule) | Petition approval is not a visa. USCIS reviews petition eligibility and can request evidence; DOL administers the LCA wage rules. [6](#reference-uscis-required-wage) |
| DOL | Department of Labor | The LCA | Certifies the LCA required before filing a specialty-occupation H-1B petition. Publishes occupation and area prevailing-wage data through OFLC. The Wage and Hour Division enforces LCA obligations. OFLC publishes LCA disclosure files. [7](#reference-uscis-prevailing-wage-program) [8](#reference-uscis-enforcement-remedies) | Certification checks the form for completeness and obvious inaccuracies. It does not verify later payroll or establish compliance in practice. |
| State Department | Bureau of Consular Affairs | The visa stamp | Consular officers decide applications for any required H-1B visa. An interview may be required under the applicable rules. | Issuance is separate from the petition: a USCIS approval does not guarantee a visa. |
| CBP | U.S. Customs and Border Protection (DHS) | Admission and Form I-94 | Examines the arriving worker and decides admission. Form I-94 records the admitted classification and authorized stay. | A visa and an approved petition do not guarantee admission. [9](#reference-uscis-ina-visa-admission) |
## The USCIS side in numbers
H-1B I-129 workload measures for FY2026 Q2, from the quarterly USCIS release this site ingests. Some rows are subsets or overlapping measures. Do not sum them as unique petitions. Pending is a quarter-end snapshot. Completions with an RFE count completed petitions that had an RFE, not RFEs issued during the quarter. [10](#reference-uscis-dataset-uscis_i129)
Source: USCIS I-129 quarterly statistics by fiscal year, quarter, and case status (H-1B classifications), as ingested. Quarters land here as USCIS publishes them.
Received
Initial approvals
Approved after RFE
Completions with RFE
Initial denials
Pending
## Where the public record starts
Registrations, eligible beneficiaries, and selections are different counts. LCA disclosure records show the employer’s proposed job, offered wage, and worksite, with the DOL application outcome. They do not count unique workers or show actual payroll. Explore the records retained here: top sponsors, what DOL enforced, and how the visa works. [11](#reference-uscis-lca-data)
Follow any part of the pipeline into its public record:
| Fact | Note |
|---|---|
| [Top sponsors](https://www.xh1b.org/leaderboard) | from the LCA record |
| [What DOL enforced](https://www.xh1b.org/enforcement) | WHD findings |
| [Read a case status](https://www.xh1b.org/learning/h1b-status) | receipt codes |
| [Data sources](https://www.xh1b.org/data-sources) | every dataset, sourced |
## USCIS & H-1B FAQ
## USCIS & H-1B FAQ
## What does USCIS have to do with H-1B visas?
USCIS decides H-1B petitions. For a specialty-occupation petition, the employer first obtains a certified Labor Condition Application from DOL, then files Form I-129 with USCIS. Eligible cap-subject cases also need selection before petition filing. Cap exemptions can apply.
## Does USCIS check the wage on an H-1B?
DOL administers the LCA wage requirements and reviews the form for completeness and obvious inaccuracies. USCIS reviews H-1B petition eligibility and can request evidence. Neither an approved petition nor a certified LCA proves that the employer later paid the required wage.
## Does a USCIS approval mean the worker has the visa?
No. Petition approval, a visa, and admission are separate. A worker abroad must obtain any required visa and seek H-1B admission from CBP. Visa exemptions can apply. A worker inside the U.S. needs valid work authorization under the status, extension, or portability rules. [12](#reference-uscis-admission-i94)
## How do I check if an employer sponsors H-1B?
[Search the employer](https://www.xh1b.org/leaderboard) on this site. Employer pages show the retained DOL LCA disclosure records, including offered wages and application outcomes. Coverage depends on the source files loaded; it is not a guarantee that every application is present.
## What is the USCIS H-1B lottery?
USCIS announces an electronic registration period for each cap season. When eligible beneficiaries exceed the available cap numbers, it selects who may file a full petition. Selection is weighted by wage level from FY2027. Selection does not approve a petition. [13](#reference-uscis-weighted-selection)
## Who publishes H-1B data: USCIS or DOL?
They publish different records. USCIS registration statistics distinguish registrations, eligible beneficiaries, and selections. DOL LCA disclosures contain employer, job, offered wage, worksite, and DOL application outcomes. This site’s employer pages use retained DOL records; they do not establish individual USCIS petition outcomes.
You know who decides what. Next: how to read a case status and its public record.
## Current archive figures
Source: USCIS I-129 quarterly statistics by fiscal year, quarter, and case status (H-1B classifications), as ingested. Quarters land here as USCIS publishes them.
| USCIS recorded case status | Cases in the latest published quarter |
|---|---|
| pending | 571,838 |
| completed | 173,227 |
| approved | 168,205 |
| received | 140,850 |
| rfe_issued | 15,337 |
| approved_with_rfe | 12,597 |
| denied | 5,022 |
## References
1. Law or rulemaking · eCFR. [8 CFR 214.2](https://www.ecfr.gov/current/title-8/section-214.2). 8 CFR 214.2(h)(2)(i)(A), (D)–(E); (h)(4)(i)(B), including (B)(3) third-party requirements; (h)(9)(i); (h)(10)(ii), (iv); (h)(18): petition, LCA, approval and denial notices; 8 CFR 214.2(h)(8); 8 CFR 214.2(h)(2)(i)(H). Petition approval, visa issuance, admission, and work authorization are separate steps.; The regular cap, advanced-degree exemption, employer exemptions, and prior cap counting have distinct conditions.; Read the eligibility conditions, start date, denial rule, and successive-petition provisions. Checked 2026-10-17.
2. Law or rulemaking · eCFR. [Labor Condition Application review](https://www.ecfr.gov/current/title-20/section-655.730#p-655.730(b)). 20 CFR 655.730(b). DOL reviews completeness and obvious inaccuracies. The regulation describes a usual seven-working-day decision. Certification does not establish compliance in practice. Checked 2026-10-08.
3. Guidance · U.S. Department of State. [Temporary Worker Visas](https://travel.state.gov/content/travel/en/us-visas/employment/temporary-worker-visas.html). H-1B eligibility, approved petitions, visa applications, and admission.
4. Guidance · USCIS. [H-1B Electronic Registration Process](https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations/h-1b-electronic-registration-process). FY2027 dates, beneficiary-centric selection, duplicate registrations, and FY2026 statistics. Season statistics have a different denominator from unique beneficiaries. Check the current agency page for updates.
5. Law or rulemaking · eCFR. [USCIS fee schedule](https://www.ecfr.gov/current/title-8/section-106.2#p-106.2(a)). 8 CFR 106.2(a)(3)(i), (c)(4)–(5), (c)(8), (c)(11) and (c)(13). Includes registration, I-129, small-employer and nonprofit rates, and the asylum program fee in paragraph (c). Checked 2026-10-17.
6. Law or rulemaking · eCFR. [Required wage and wage sources](https://www.ecfr.gov/current/title-20/section-655.731#p-655.731(a)). 20 CFR 655.731(a). The required wage is the higher of the actual wage and prevailing wage. An independent market median is a comparison, not this legal test. Checked 2026-10-08.
7. Guidance · DOL OFLC. [Prevailing Wages](https://flag.dol.gov/programs/prevailingwages). Which Programs Require a Prevailing Wage Determination from the NPWC?; H-1B wage-source options. Checked 2026-10-17.
8. Law or rulemaking · eCFR. [Back wages, penalties, and disqualification](https://www.ecfr.gov/current/title-20/section-655.810#p-655.810(d)). 20 CFR 655.810(a)–(b), (d): back wages, civil money penalties and minimum petition-approval disqualification periods. Paragraph (d) gives minimum disqualification periods of one, two, or three years by violation tier. Paragraphs (a)–(b) cover back wages and penalties. Checked 2026-10-18.
9. Law or rulemaking · U.S. Congress / Government Publishing Office. [INA 221(h): A visa does not guarantee admission](https://www.govinfo.gov/content/pkg/USCODE-2024-title8/html/USCODE-2024-title8-chap12-subchapII-partIII-sec1201.htm). 8 USC 1201(h). U.S. Code, 2024 edition. Visa issuance and admission are separate decisions. Checked 2026-10-08.
10. Dataset documentation · USCIS. [I-129 petitions by case status and RFE, FY2026 Q2](https://www.uscis.gov/sites/default/files/document/data/i129_quarterly_request_for_evidence_fy2026_q2_v1.xlsx). H-1B sheet: header and footnotes 1–10; notes 1–6; queried April 2026. Initial decisions, completions with RFE and period-end pending are distinct measures. Completed petitions with an RFE do not count RFEs issued during that period. Checked 2026-10-18.
11. Dataset documentation · DOL OFLC. [LCA public disclosure record layout (FY2026 Q3)](https://www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/FY26Q3/LCA_Record_Layout_FY2026_Q3.pdf). Pages 1–4: application, DOL outcome and dates, requested positions, employer, representatives, worksites and pay units. This layout covers determinations issued October 1, 2025 through June 30, 2026. It documents employer-provided application fields and DOL decisions, not USCIS decisions, payroll verification, legal bills or worker-linked moves. Older layouts can differ. Checked 2026-10-17.
12. Law or rulemaking · eCFR. [Admission and the arrival-departure record](https://www.ecfr.gov/current/title-8/section-235.1#p-235.1(h)). 8 CFR 235.1(a), (f), and (h). Form I-94 records admission or parole. An approved petition and any required visa do not alone establish admission. Checked 2026-10-08.
13. Law or rulemaking · DHS. [Weighted Selection of Registrants and Petitioners for the H-1B Cap](https://www.govinfo.gov/content/pkg/FR-2025-12-29/html/2025-23853.htm). 90 FR 60864; final rule, effective February 27, 2026; amended 8 CFR 214.2(h)(8)(iii). FY2027 weighting, lowest wage level across registrations and worksites, and registration fields. Checked 2026-10-12.