H-1B Filing in San Jose — 2026 Employer Guide (LCA, I-129 & Fees)

San Jose ranks #4 nationally with 4,994 H-1B petitions in FY 2026 Q2. Employers in San Jose, CA sponsor software engineers, data roles, and specialty occupations. h1bfiling.com handles LCA, candidate intake, and I-129 petition preparation — reviewed by dedicated immigration lawyers. This guide covers lottery registration, LCA certification, Form I-129 filing, prevailing wage for the San Jose-Sunnyvale-Santa Clara, CA, document checklists, and government fees for San Jose, CA employers.

San Jose H-1B market snapshot

Leading H-1B sponsors in San Jose

Major employers filing H-1B LCAs and petitions in the San Jose market include:

Top sponsored roles in San Jose

Industries driving San Jose H-1B demand

• Semiconductors
• Hardware
• Enterprise software
• Autonomous systems
• Networking

San Jose employer landscape

San Jose sits at the center of the South Bay cluster with Sunnyvale, Santa Clara, and Mountain View. Semiconductor and hardware employers file R&D engineer and verification roles at premium wages; nearby suburban worksites often show higher LCA counts than San Jose city limits alone.

Prevailing wage and LCA requirements

• File Form ETA-9035 through DOL FLAG for the San Jose-Sunnyvale-Santa Clara, CA worksite.
• Pay the higher of prevailing wage or actual wage paid to similar U.S. workers.
• Post LCA notice to employees in the occupational classification.
• Maintain a Public Access File (PAF) for each certified LCA.
• LCAs must list the actual San Jose worksite address and San Jose-Sunnyvale-Santa Clara, CA prevailing wage for the SOC code.
• FY 2027 cap registration uses wage-weighted selection — higher OEWS wage levels receive more lottery entries.
• Consulting employers at client sites need employer-employee relationship and client-letter evidence on I-129.

FY 2027 cap registration and wage-weighted selection

Cap-subject San Jose employers must register during March 4–19, 2026 and pay the $215 registration fee per beneficiary. USCIS uses wage-weighted selection — higher OEWS wage levels receive more entries:

Step-by-step H-1B filing process

• Confirm specialty occupation and beneficiary credentials.
• File and certify LCA with DOL for the correct worksite and wage level.
• For cap-subject cases: register in March lottery; file I-129 only if selected.
• Prepare Form I-129 with support letter, evidence packet, and employer-paid fees.
• Track USCIS receipt; optional premium processing ($2,965) for 15-business-day action.

Document checklist

From the employer

• Form I-129 Petition for a Nonimmigrant Worker
• H Classification Supplement to Form I-129
• Certified Labor Condition Application (Form ETA-9035)
• Employer support letter with job duties and specialty-occupation analysis
• Company evidence (e.g., tax returns, business license, org chart as needed)
• Filing fee payments (employer-paid; cannot be passed to the employee)
• Public Access File (PAF) for the certified LCA

From the employee

• Copy of valid passport (biographic page)
• Degree certificates and official transcripts
• Credential evaluation for foreign degrees (if applicable)
• Resume/CV consistent with petition forms
• I-94 arrival record and prior immigration documents (if in the U.S.)
• Prior H-1B approval notices (I-797) for extensions or transfers
• Pay stubs for change-of-employer or amendment cases

Government fees (2026)

h1bfiling.com service fees: $999 lottery · $2,999 full filing. Government fees below are separate:

Common RFE triggers

• Specialty occupation — degree field does not clearly match job duties
• Employer-employee relationship at third-party client sites (consulting/staffing)
• Wage level or SOC code inconsistency between registration, LCA, and I-129
• Insufficient evidence connecting beneficiary qualifications to the offered role
• Itinerary or worksite gaps for multi-location Chicago-area assignments

H-1B transfers to San Jose

Change-of-employer transfers skip the lottery when the beneficiary holds valid H-1B status. The new San Jose employer files a fresh LCA for the San Jose-Sunnyvale-Santa Clara, CA and a new Form I-129. Allow 6–8 weeks before desired start dates.

h1bfiling vs traditional San Jose immigration firms

Many San Jose employers compare hourly immigration counsel ($400–$600/hr) with flat-fee filing services. h1bfiling.com charges $2,999 for full LCA + I-129 petition prep with a dedicated lawyer on every case — see our side-by-side comparisons with Fragomen, BAL, and traditional firms.