Guide · H-1B visa
H-1B visa: what it is, who files it, and why Paso Libre does not prepare it
Paso Libre does not prepare the H-1B petition: the employer files it on Form I-129. Here we explain the process and where to find help.
Paso Libre editorial team
Reviewed September 9, 2026 · Educational information, not legal advice
What is the H-1B visa?
It is a temporary work status for specialty occupations. A company in the United States requests it for one specific person.
The official USCIS page describes who may request it and with what requirements. Here we only explain the process, not whether it applies to your case.
Who files it: the employer
The petition is made on Form I-129 and the employer signs it. The worker does not file it on their own.
First, the employer files a Labor Condition Application (LCA) with the Department of Labor. USCIS asks for that certification together with the I-129.
The registration and the lottery
Each year there are more petitions than visas available. So USCIS opens an electronic registration and, when needed, runs a random selection.
The employer completes the registration, on the dates USCIS publishes. Only if its registration is selected can it file the I-129.
Some employers, such as certain universities, are exempt from the annual cap. The official page explains which ones.
Why Paso Libre does not prepare it
Paso Libre is a self-service tool for people who file their own forms. Form I-129 is filed by a company, with legal obligations of its own.
That is why the I-129 is not in our catalog. If your employer wants to sponsor you, the petition is the company's responsibility.
Questions that need a lawyer
Whether your job counts as a specialty occupation, what obligations the employer has, or what happens if you change jobs are legal questions. We do not answer them.
A licensed attorney or a DOJ-accredited representative can guide you. The official directories are in the sources below.
If you already hold H-1B or are a family member
If you already hold H-1B status and you move, the USCIS change of address is done online. We explain it in the AR-11 guide.
Your spouse or children in H-4 status who want to extend their stay use a different form, the I-539. That one we do prepare when it is open.
What we do and what we do not
We are not a law firm and we do not give legal advice. We fill forms with your answers; we never decide whether a visa applies to you.
Official sources
Also useful
Have questions about your H-1B?
A licensed attorney or an accredited representative can answer them. Find one in the official USCIS directory.
See the official directory