H-1B Visa Lawyers

You don’t legally need an immigration lawyer for your H-1B visa application, but most employers and professionals choose to work with one because the process is complex and time-sensitive. An H-1B visa lawyer helps by:

• Ensuring the job qualifies as a “specialty occupation”

• Preparing and filing the employer’s Labor Condition

• Application (LCA) and Form I-129 petition correctly

• Guiding both employer and employee on compliance requirements

• Meeting strict USCIS deadlines, especially during the lottery and filing window

• Reducing the risk of delays, Requests for Evidence (RFEs), or denials

The H-1B is for foreign professionals who have a U.S. job offer in a “specialty occupation,” meaning the role requires at least a bachelor’s degree or equivalent experience. The worker must hold the relevant degree or equivalent credentials, and the U.S. employer must agree to pay the prevailing wage.

Each March, employers submit registrations to USCIS for their selected candidates. USCIS then runs a random lottery to decide which registrations can move forward. If you’re selected, your employer has until June 30th of that year to file the full H-1B visa petition (Form I-129). If approved, you can usually begin work on October 1 of that fiscal year.

H-1B status is initially granted for up to 3 years and can be extended to a maximum of 6 years. Extensions beyond 6 years are possible if you already have a pending or approved Green Card petition.

By law, most government filing fees must be paid by the sponsoring employer. This includes the registration fee, filing fee, fraud prevention fee, and ACWIA training fee. Employees typically cover the visa stamping fee if applying abroad, and sometimes premium processing if they want faster results.

The Proclamation says that people can be exempted from this fee if their job is in the “national interest.” We don’t yet know how the DHS will determine what the national interest means, but we had a similar rule during the COVID travel ban. People in strategically important fields often received a National Interest Exemption (NIE) and could still travel. We think it’s likely that some cap-exempt H1B holders will qualify for this NIE, but it may not be every single cap-exempt H1B qualifies. We have to see how this exception is applied once the rule goes into effect.

Yes. A new employer can file an H-1B petition on your behalf. This is often called an “H-1B transfer.” You can usually start working for the new employer once USCIS receives the petition, without waiting for full approval.

Yes. Spouses and unmarried children under 21 are eligible for H-4 visas. H-4 spouses may qualify for work authorization (EAD) if the H-1B worker has an approved I-140 petition.

With the new H-1B modernization rules, USCIS has provided a pathway for start up owners and entrepreneurs to self-sponsor their H-1B applications.

Individuals interested in pursuing this should be mindful that USCIS will look for evidence of the company's operations, outlook, and ability to afford to pay a salary for the period of time requested for the H-1B.

Yes, but there are certain rules you must maintain under the H-1B modernization guidelines, such as proof that the company is operational. An attorney can advise on the best structure and approach for your situation.

The H-1B is for specialty occupations, requires employer sponsorship, and is subject to a lottery with limited slots each year. The O-1 is for individuals with extraordinary ability. It has no lottery, no six-year limit, and offers more flexibility in working with multiple employers.

Yes. The H-1B allows “dual intent,” meaning you can apply for permanent residency while holding H-1B status. Many professionals move from H-1B to EB-2 or EB-3 Green Cards through employer sponsorship. Others use their U.S. experience as a springboard for self-petition options like the EB-1A or EB-2 NIW.

You won’t be able to file an H-1B petition that year, but you may have other options:

• Try again the following year

• Look for cap-exempt employers (universities, research institutions, nonprofits)

• Consider alternatives like the J-1 exchange visitor visa or the O-1 visa for individuals with extraordinary ability

No. The H-1B process requires a Labor Condition Application (LCA) with the Department of Labor, not a full labor certification. The LCA is for certain visa types like the H-1B, H-1B1, and E-3, and confirms the employer will pay at least the prevailing wage and maintain fair working conditions. Labor certification (also known as PERM) is a separate, more complex process used for employment-based Green Cards, where the employer must test the U.S. labor market before sponsoring a foreign worker.