An H-1B job offer letter has one job that an ordinary offer letter does not: it has to agree, line by line, with the Labor Condition Application (Form ETA-9035) your employer files with the Department of Labor and with the Form I-129 petition it files with USCIS. Job title, occupation code, worksite, wage, dates and full-time status all appear in at least two of those three documents, and a mismatch is one of the easiest ways to draw a Request for Evidence.
The Form I-129 instructions (edition 09/09/26) ask H-1B petitioners for “a copy of any written contract between the petitioner and the beneficiary or a summary of the terms of the oral agreement.” In practice, the signed offer letter is usually that contract. USCIS officers read it next to the certified LCA, and since the H-1B Modernization rule took effect on January 17, 2025, they also read it for proof of a bona fide job offer that exists as of the requested start date.
The stakes went up again in 2026. Under the weighted H-1B selection rule that ran the FY 2027 cap season, a registration for a wage level IV salary is entered into the lottery four times and a level I salary once. The registrant attests that the beneficiary will be paid at or above the wage level it selected, so the salary in the offer letter now has to back up a lottery entry as well as an LCA.
This guide is for employers, HR teams and H-1B workers who want an offer letter that survives that review. It covers what must match, how to word the specialty-occupation section, and three full sample letters: a cap-subject new hire on F-1 OPT, an H-1B transfer to a new employer, and a consulting role placed at a client site.
Two terms come up throughout. The “prevailing wage” is the Department of Labor wage for the occupation in the area of intended employment, published in four levels. The “actual wage” is what the employer pays its own workers with similar experience in the same job. The H-1B worker must be paid the higher of the two.
Before writing a single line, it helps to see real numbers. VisaVerge’s H-1B salaries by job pages show median certified LCA pay for about 240 occupations, and the Compare My Offer tool checks a specific salary against what the same employer filed for the same role and the DOL wage level it clears in your city.
Know Which Letter You Are Writing
Three different employer letters get called an “H-1B letter,” and mixing them up is a common source of thin petitions. The offer letter is addressed to the worker and sets the terms of employment. The employer support letter (sometimes called the petition letter or cover letter) is addressed to USCIS and argues that the job is a specialty occupation and the worker qualifies. The employment verification letter confirms a job that already exists, usually for a visa stamping, a green card step or a bank.
An H-1B petition normally carries the first two. The offer letter supplies the terms; the support letter explains them. Our separate guide to sample employer support letters for an initial H-1B application covers the USCIS-facing letter in detail. This guide stays with the offer letter and the facts it must lock down.
| Job Offer Letter | Employer Support Letter | Employment Verification Letter | |
|---|---|---|---|
| Addressed to | The worker | USCIS | Consulate, USCIS, landlord or bank |
| Main purpose | Sets the terms: title, pay, worksite, dates, hours | Argues specialty occupation and worker qualifications | Confirms current job, pay and start date |
| When written | Before the LCA and petition | With the I-129 filing | After employment starts |
| Signed by | Employer and worker | Employer officer | HR or manager |
| Must match the LCA | Yes, every core term | Yes, every core term | Yes, if used for an H-1B step |
Match the Offer Letter to the LCA and I-129, Field by Field
The LCA comes first in the sequence. Under 20 CFR 655.730, an employer may file it no earlier than six months before the employment start date, and the Department of Labor usually decides within seven working days. The I-129 then repeats the same facts in Part 5 (job title, LCA case number, worksite addresses, full-time status, hours, wages and dates) and in the H-1B Data Collection Supplement (annual rate of pay, SOC code, NAICS code, required degree and qualifying fields of study).
Draft the offer letter with the LCA open beside it. Every term in the table below should read the same way in all three documents, or the petition should explain why it does not.
| Term | Offer Letter | LCA (ETA-9035) | Form I-129 |
|---|---|---|---|
| Job title | Exact title | Job title field | Part 5, Item 1 |
| Occupation | Duties that fit the SOC code | SOC code and occupation | H-1B Supplement, SOC code |
| Worksite | Street address(es), including client sites | Place(s) of employment | Part 5, Item 3, plus third-party question |
| Wage | At or above the LCA wage rate | Wage rate offered and prevailing wage | Part 5, Item 9, and annual rate of pay |
| Dates | Start date and term | Period of employment (up to 3 years) | Part 5, Item 11 |
| Full-time or part-time | Hours per week | Full-time box (one type per LCA) | Part 5, Items 7 and 8 |
Full-time and part-time positions cannot be combined on a single LCA. If the offer says 30 hours a week, the LCA must be a part-time LCA and the I-129 must list 30 hours. For part-time pay rules, see our guide to part-time H-1B wage rules.
Two LCA duties also touch the worker directly. The employer must post notice of the LCA for 10 days at each place of employment (two conspicuous locations, or electronic notice), and it must give the H-1B worker a copy of the certified LCA no later than the day the worker reports to work. A worker who checks that copy against the offer letter can catch a mismatch before USCIS does. Our walkthrough on how to read your LCA and find the wage level shows where each field sits.
USCIS lists edition 09/09/26 of Form I-129 as the only edition it will accept starting November 9, 2026. Older editions are accepted until then.
Set a Wage That Clears the Prevailing Wage Level
The Wage and Hour Division puts the rule in one line: the employer must pay at least the higher of the prevailing wage or its own actual wage. The offer letter should state a salary that meets that floor for the specific SOC code and the county or metro area of the worksite. If the worker will be at more than one location, the salary must clear the prevailing wage at each one.
Prevailing wages come in four levels, from level I (entry) to level IV (fully competent). Look up the occupation and area on the DOL OFLC wage search, then compare the offer to what employers actually file. Our job-level pages, such as software developers, data scientists and computer systems analysts, show certified pay ranges and wage levels from DOL disclosure data.
For cap-subject hires the wage level also decides lottery weight. Registrations at level IV go into the selection pool four times, level III three times, level II twice and level I once. The registrant must attest that the salary offered is at or above the level it chose, and the I-129 instructions ask cap petitioners for evidence of the basis of that wage level, such as a printout from the OFLC wage search as of the registration date. USCIS says it may deny or revoke a petition based on a registration with a false attestation.
Do not register at level III and then issue an offer letter that only clears level II. The offer letter is the clearest evidence of the proffered wage, and the I-129 asks you to tick the wage level box again.
The letter must also describe pay the way the LCA does. If the LCA lists an annual salary, state an annual salary. Bonuses and equity can be mentioned as “other compensation,” but they do not count toward the required wage unless they are guaranteed. The required wage starts once the worker enters into employment, and in any case no later than 30 days after entering the U.S. on the petition (or 60 days after becoming eligible to work for a worker already in the U.S.). Unpaid “bench” time is not allowed.
Write Duties and Degree Language That Prove a Specialty Occupation
The I-129 instructions define a specialty occupation as one that requires a bachelor’s or higher degree in a “directly related specific specialty,” or its equivalent, as a minimum for entry. A position may accept a range of degree fields, but each field must be directly related to the duties, meaning there is “a logical connection between the degree, or its equivalent, and the duties of the position.” A job that any general degree can fill does not qualify.
That definition should shape two parts of the offer letter: the duties paragraph and the minimum requirements line. Generic duties copied from a job board, or a requirement such as “bachelor’s degree in any field,” invite a specialty-occupation RFE. For background on how USCIS reads this test, see understanding the specialty occupation requirement.
- Name the degree level and the specific fields, for example “Bachelor’s degree in Computer Science, Software Engineering or Computer Engineering”
- Avoid “any bachelor’s degree” or unrelated pairings such as “engineering or business administration”
- List 4 to 6 duties with tools, systems and outputs, not soft-skill phrases
- Give rough time shares (for example, 40% design, 30% development) so the role reads as real work
- Keep seniority consistent: a level I wage with “lead the architecture team” duties raises questions
- Use the same title in the offer letter, LCA, I-129 and support letter
Write “a directly related field” rather than “a related field.” It tracks the regulatory wording and signals that you know the standard the officer will apply.
Use the Right Sample for Your Case
The three samples below use fictional companies and placeholder values in brackets. Each is a complete letter, not a fragment, so you can see where the H-1B terms sit inside a normal offer. Replace every bracket with the exact value from your certified LCA.
These samples are illustrations, not templates to copy word for word. USCIS fraud detection reviews recycled language across petitions, and duties must describe the real job. Have an immigration attorney review the final letter.
Sample 1: cap-subject new hire on F-1 OPT. The worker is in the U.S. on OPT and the employer will register for the next cap season. The letter must make the job contingent on selection and approval, set a start date no earlier than October 1 of the fiscal year, and state a wage that supports the level chosen on the registration. Under the H-1B Modernization rule, cap-gap protection now runs to April 1 of the fiscal year while a timely change-of-status petition is pending; see our cap-gap explainer.
[Northbridge Analytics, Inc. letterhead]
[Date]
Ms. [Ananya Rao]
[Street address, City, State ZIP]
Dear Ms. [Rao],
Northbridge Analytics, Inc. (“Northbridge”) is pleased to offer you the full-time position of Data Scientist (SOC 15-2051, Data Scientists) in our Analytics Engineering group, reporting to [Director of Data Science name]. You will continue in your current role under your F-1 Optional Practical Training authorization until your H-1B status begins.
Duties. In this role you will (1) design and validate statistical and machine-learning models for customer churn and pricing, about 40% of your time; (2) build feature pipelines in Python and SQL on our Snowflake and Airflow stack, about 30%; (3) design and analyze controlled experiments, about 20%; and (4) present model results and limitations to product and finance leaders, about 10%.
Minimum requirements. This position requires at least a Master’s degree in Statistics, Data Science, Computer Science or a directly related field, or the foreign equivalent. You hold an M.S. in Data Science from [University], awarded [Month Year].
Compensation. Your base salary will be $[amount] per year, paid semi-monthly. This salary meets or exceeds the Level [II] prevailing wage for SOC 15-2051 in [County, State], and it will be no lower than the wage rate stated on the certified Labor Condition Application. You will also be eligible for an annual discretionary bonus of up to [10] percent of base salary.
Worksite and hours. You will work 40 hours per week at our office at [Street address, City, State ZIP]. Any change to your worksite will be made only after Northbridge completes any required Labor Condition Application and USCIS filings.
H-1B sponsorship and start date. Northbridge will submit an H-1B cap registration on your behalf for the fiscal year [2028] cap season and, if you are selected, will file a change-of-status petition with USCIS. Your H-1B employment is expected to begin on October 1, [2027], or on the date USCIS approves the petition, whichever is later, and to continue for an initial period of up to three years. Northbridge will pay all registration, LCA, petition and attorney fees that the law requires an employer to pay.
Contingencies. H-1B employment under this offer is contingent on selection in the H-1B registration process, certification of the Labor Condition Application and approval of the H-1B petition. If you are not selected, your current OPT employment is not affected by this letter.
Employment with Northbridge is at will. Please sign below by [date] to accept this offer.
Sincerely,
[Name], [Title], Northbridge Analytics, Inc.
Accepted: ____________________ Date: __________
[Ananya Rao]
Sample 2: H-1B transfer to a new employer. The worker already holds H-1B status, was counted against the cap, and is changing employers. Under H-1B portability, the worker can generally start with the new employer once a nonfrivolous petition is properly filed, so the offer should tie the start date to the filing rather than the approval. Our guide to H-1B transfer start dates covers timing.
[Cedar Ridge Software, LLC letterhead]
[Date]
Mr. [Daniel Okafor]
[Street address, City, State ZIP]
Dear Mr. [Okafor],
Cedar Ridge Software, LLC (“Cedar Ridge”) is pleased to offer you the full-time position of Senior Software Developer (SOC 15-1252, Software Developers) on our Payments Platform team, reporting to [Engineering Manager name].
Duties. You will (1) design and build backend services in Java and Kotlin for card authorization and settlement, about 45% of your time; (2) define service interfaces and data models and review design documents from other engineers, about 25%; (3) improve reliability through load testing, observability and incident follow-up, about 20%; and (4) mentor two junior developers on code quality and testing practice, about 10%.
Minimum requirements. This position requires a Bachelor’s degree in Computer Science, Software Engineering, Computer Engineering or a directly related field, or the foreign equivalent, plus four years of software development experience. You hold a B.Tech. in Computer Science and Engineering from [University], which [credential evaluator] has evaluated as equivalent to a U.S. bachelor’s degree.
Compensation. Your base salary will be $[amount] per year, paid bi-weekly, which meets or exceeds the Level [III] prevailing wage for SOC 15-1252 in [County, State] and the wage rate on the certified Labor Condition Application. You will receive a signing bonus of $[amount], payable within 30 days of your start date, and are eligible for our standard benefits.
Worksite and hours. Your regular worksite is our office at [Street address, City, State ZIP]. You may work from your home at [home address], which is within the same area of intended employment, up to [two] days per week; this address will be listed on the Labor Condition Application. This is a full-time position of 40 hours per week.
H-1B petition and start date. Cedar Ridge will file a Labor Condition Application and a Form I-129 change-of-employer petition for you. Your anticipated start date is [date], and in no case earlier than the date USCIS receives the properly filed petition, consistent with H-1B portability rules. The requested employment period is [start date] to [end date, up to three years later]. Cedar Ridge will pay all petition and attorney fees that the law requires an employer to pay, including premium processing if Cedar Ridge chooses to request it.
Contingencies. This offer is contingent on certification of the Labor Condition Application, proper filing of the H-1B petition while you remain in valid H-1B status, and satisfactory completion of Form I-9. Please do not resign from your current employer until we confirm that the petition has been filed.
Employment with Cedar Ridge is at will. Please sign and return this letter by [date].
Sincerely,
[Name], [Title], Cedar Ridge Software, LLC
Accepted: ____________________ Date: __________
[Daniel Okafor]
If any day of the week is spent at home, list the home address on the LCA. A home office outside the area of intended employment usually needs a new LCA and an amended petition. See H-1B remote work from another state.
Sample 3: consulting role at a third-party worksite. The regulatory itinerary requirement for H classifications ended on January 17, 2025, and the I-129 instructions now say “the itinerary requirement does not apply to any H classifications.” Part 5 still asks whether you included one, though, and it asks for every worksite address and whether each is a third-party location. USCIS may request contracts, work orders or similar evidence showing the position is bona fide, and the work at the client must itself be a specialty occupation. A short assignment schedule in the offer letter does much of that work.
[Meridian Systems Consulting, Inc. letterhead]
[Date]
Ms. [Li Wei]
[Street address, City, State ZIP]
Dear Ms. [Wei],
Meridian Systems Consulting, Inc. (“Meridian”) is pleased to offer you the full-time position of Computer Systems Analyst (SOC 15-1211, Computer Systems Analysts). Meridian is your employer for all purposes. Meridian will pay your salary, supervise and evaluate your work, and control your assignments.
Duties. You will (1) analyze business requirements and design changes to enterprise claims-processing systems, about 40% of your time; (2) write functional and technical specifications and data-mapping documents, about 25%; (3) design test plans and lead system integration testing, about 20%; and (4) document system changes and train client staff on new workflows, about 15%.
Minimum requirements. This position requires a Bachelor’s degree in Computer Science, Information Systems, Computer Engineering or a directly related field, or the foreign equivalent. You hold a B.S. in Information Systems from [University].
Compensation. Your base salary will be $[amount] per year, paid semi-monthly, which meets or exceeds the Level [II] prevailing wage for SOC 15-1211 at every worksite listed below and the wage rate on the certified Labor Condition Application. Your full salary will be paid during any period between client assignments, including time spent in training or awaiting a new project.
Assignment schedule (Attachment A). Your first assignment is with [Harborview Health Insurance Co.] at [Street address, City, State ZIP], under Statement of Work No. [SOW-2026-114] between Meridian and [Harborview], for the [claims platform modernization] project, from [start date] to [end date]. A letter from [Harborview] confirming the project, your role and its duration is attached. When you are not at the client site, you will work at Meridian’s office at [Street address, City, State ZIP]. Both locations are listed on the Labor Condition Application.
Changes in worksite. Meridian will not place you at any worksite that is not covered by a certified Labor Condition Application. Before any assignment outside the area of intended employment, Meridian will obtain a new Labor Condition Application and file any amended or new H-1B petition the regulations require. You will be given a copy of each certified LCA no later than the day you report to that worksite.
H-1B petition and dates. Meridian will file a Form I-129 petition requesting H-1B employment from [start date] to [end date]. All required petition and attorney fees will be paid by Meridian. You will work 40 hours per week.
Employment with Meridian is at will. Please sign and return this letter by [date].
Sincerely,
[Name], [Title], Meridian Systems Consulting, Inc.
Accepted: ____________________ Date: __________
[Li Wei]
- Statement of work or work order naming the project and its duration
- End-client letter confirming the role, location and project length
- Master services agreement between the employer and the client or vendor
- Certified LCA listing every worksite in the assignment schedule
- Proof the client-site duties need a directly related bachelor’s degree
Check Current Cost and Policy Changes Before You Sign
Two moving pieces in 2026 affect what an offer letter should promise. First, Proclamation 10973 requires a $100,000 payment for certain new H-1B petitions, mostly for workers outside the U.S. On June 8, 2026, a federal court in Massachusetts vacated USCIS guidance implementing that payment, the First Circuit refused to stay the order on July 24, 2026, and USCIS says it is complying while DHS considers next steps. On September 18, 2026, the President extended the proclamation to September 21, 2027. Offers to workers abroad should not promise a start date until counsel confirms which rule applies on the filing date.
Second, the Department of Labor proposed a rule on March 27, 2026 to raise prevailing wage levels. It is a proposal, not a final rule, but an offer signed months before the LCA is filed should allow for a salary review if the prevailing wage rises in the meantime. DOL also updates its OEWS-based wage data each July 1, so check the wage search again on the day the LCA is filed.
Common RFE Triggers Tied to Offer Letters
Most offer-letter RFEs come from one of a short list of problems. Each one is cheaper to fix in the draft than in a response to USCIS.
“Bachelor’s degree in any field” or “engineering, business or a related field” tells USCIS a general degree is enough, which fails the specialty-occupation test. Name directly related fields only.
Duties lifted from an occupational database or a job board read as boilerplate. Describe the systems, tools and outputs of this job and give rough time shares.
A level I wage paired with senior duties or years of required experience invites questions about whether the LCA covers the real position. For cap cases, a salary below the registered wage level can also put the registration attestation at issue.
“Data Analyst” in the offer, “Data Scientist” on the LCA and a computer systems analyst SOC code on the I-129 makes the officer guess which job is real. Pick one title and one SOC code.
A client site, second office or home office named in the offer letter but absent from the LCA is a compliance gap, not just a typo.
For third-party placements, a letter with no statement of work, end-client letter or project dates gives USCIS no way to see a bona fide position as of the start date.
A “full-time” offer with a part-time LCA, or 32 hours in the letter and 40 on the I-129, conflicts with the guaranteed minimum hours the employer must pay.
A cap-subject H-1B cannot begin before October 1 of the fiscal year. An offer that promises an earlier H-1B start date contradicts the petition.
After the Offer Letter Is Signed
Once the worker signs, the employer files the LCA, waits for certification, and then files the I-129 with the signed offer letter, the support letter and degree evidence. Keep the signed letter with the LCA, the public access file and the wage records. If anything in the job changes later, such as the worksite, hours or duties, check whether the change needs a new LCA before it takes effect.
Workers comparing more than one offer can see which employers sponsor in their field on our H-1B sponsors directory, which draws on certified DOL filings, and can run each salary through Compare My Offer before signing. Employers planning a green card later should know that the job title and duties in the H-1B offer often become the starting point for the PERM case, so getting them right now saves work later.
Frequently Asked Questions
What should an H-1B job offer letter include?
It should state the exact job title, duties that fit the SOC code, the minimum degree in directly related fields, an annual salary at or above the LCA wage, every worksite address, full-time or part-time hours, the start date and term, and any contingencies such as LCA certification and petition approval.
Does the H-1B offer letter have to match the LCA?
Yes. Job title, occupation, worksite, wage, employment dates and full-time status appear on the LCA (Form ETA-9035) and again on Form I-129. A mismatch between the offer letter and those filings is a common reason USCIS issues a Request for Evidence.
What salary must an H-1B offer letter state?
The salary must be at least the higher of the prevailing wage for the SOC code and area of intended employment or the employer’s actual wage for similar workers. If the worker will be at several locations, it must clear the prevailing wage at each one. Unpaid bench time is not allowed.
How does the offer letter salary affect the H-1B lottery?
Under the weighted selection rule used for the FY 2027 cap season, a level IV registration is entered four times and a level I registration once. The registrant attests the salary meets the selected wage level, so the offer letter must support that level.
Is an itinerary still required for an H-1B consulting role?
No. The itinerary requirement for all H classifications ended on January 17, 2025. USCIS can still request contracts, work orders or an end-client letter showing a bona fide specialty-occupation position, and every client worksite must be listed on the certified LCA.
What is the difference between an offer letter and an employer support letter?
The offer letter is addressed to the worker and sets the job terms. The employer support letter is addressed to USCIS and argues that the job is a specialty occupation and the worker qualifies. Both are usually filed with Form I-129 and must describe the same job.
When can a worker start after an H-1B transfer offer?
Under H-1B portability, a worker already in H-1B status can generally begin with the new employer once a nonfrivolous petition is properly filed with USCIS. The offer letter should tie the start date to the filing date and tell the worker not to resign before filing is confirmed.
What start date should a cap-subject H-1B offer letter use?
A cap-subject H-1B cannot start before October 1 of the fiscal year. Offers to F-1 OPT workers usually say employment in H-1B status begins October 1 or on petition approval, whichever is later, and make it contingent on lottery selection.
