H-1B Visa Lawyers
Guiding skilled professionals and U.S. employers through the H-1B
Visa approved or money back (terms apply)*
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Who is the H-1B visa for?
Professionals with a U.S. job offer in a “specialty occupation” that normally requires at least a bachelor’s degree to fulfill.
What are the benefits of the H-1B?
The H-1B visa offers skilled professionals the opportunity to work in the United States while building a foundation for long-term immigration goals. It combines immediate work authorization with the ability to pursue permanent residency.
Key benefits include:
Live and work in the U.S. for an initial period of up to three years, with the option to extend for another three years.
Pathway to a Green Card through categories such as EB-1A or EB-2 NIW.
Possible extensions beyond six years if you have an approved or in certain cases, a pending Green Card application.
Employer sponsorship that can help advance your career in specialized fields like technology, engineering, finance, healthcare, and science.
Strategic option for long-term U.S. residence, even if your initial goal is temporary employment.
Who is eligible for the H-1B visa?
To qualify for the H-1B visa, foreign workers must have:
A job offer in a specialty occupation requiring at least a U.S. bachelor's degree or its foreign equivalent. Work experience can be used in lieu in certain circumstances.
A sponsoring U.S. employer
While the H-1B doesn’t require a multi-criteria checklist like the EB-1A and EB-2 NIW Green Cards, achievements such as:
Media coverage or press mentions
Awards or industry honors
High salary at or above market rate
Critical roles at respected organizations
Authorship of original work (research, patents, thought leadership)
…can strengthen your petition and help lay the groundwork for a future self-petition or employment-based Green Card application.
Who can sponsor an H-1B visa?
The H-1B visa requires sponsorship from a qualified U.S. employer that can meet all legal requirements and maintain a valid employer-employee relationship. In most cases, this means working for a traditional U.S. company with the ability to hire, pay, and supervise you in compliance with H-1B regulations.
In certain situations, you may be able to obtain H-1B sponsorship through your own U.S. business entity, such as an LLC or C-Corp, if it meets all program requirements.
How does the H-1B process work?
The H-1B process begins each March, when U.S. employers register workers in the annual lottery. If selected, the employer must file a Labor Condition Application (LCA) with the Department of Labor, confirming the role qualifies and the required wage will be paid. After the LCA is certified, the employer files Form I-129 with USCIS. If approved, the worker can begin employment as early as October 1 of that fiscal year.
Is the H-1B lottery changing in March 2026?
The H-1B lottery may be changing for March 2026 (FY2027). DHS recently proposed replacing the current random system with a wage-weighted lottery, where higher salaries mean better odds of selection.
For now, nothing has changed—the existing process still applies. A 30-day public comment period runs through late October 2025, after which DHS may finalize the rule. The earliest it could take effect is the March 2026 lottery (FY 2027), so applicants and employers should watch for updates and be ready to adjust their approach.
How long does the H-1B visa process take?
For first-time H-1B applicants via the lottery process, expect a full timeline of ~6-9 months from job offer to start date in a typical year. The earliest start date available to most H-1B workers is usually October 1 of the fiscal year you’re selected for. H-1B cap exempt or previously approved individuals filing new cases can move much faster.
How much does the H-1B visa cost?
H-1B visa costs are typically covered by the employer, including a wide range of government filing fees as noted below. As stated above, for certain new H-1B petitions, the government also recently announced a $100,000 H-1B fee.
H-1B visa costs are typically covered by the employer, including a wide range of government filing fees:
Registration fee: $215 per beneficiary to enter the H-1B lottery.
USCIS filing fee: $780 for most employers, or $460 for small employers and nonprofits.
ACWIA fee: $750 for employers with 25 or fewer employees, $1,500 for larger employers.
Asylum Program fee: $300 for small employers or $600 for employers with 26 or more employees.
Fraud Prevention fee: $500 for initial H-1B petitions and change of employer petitions.
Premium processing (optional): $2965 for a 15-business-day decision.
Note: The employee usually pays a $205 visa application fee at a U.S. consulate. All government fees are non-refundable
To see if the H-1B fits your immigration goals, schedule a consultation with our team today.
Choosing an H-1B Lawyer
What Matters When Choosing an H-1B Visa Lawyer?
The H-1B has strict rules, deadlines, and compliance requirements—it’s not a visa to leave to chance. When evaluating an H-1B attorney, look for:
H-1B visa experience: Ask about how many H-1B cases they've completed successfully.
Deadline discipline: Systems in place to hit the lottery and filing windows without last-minute stress.
Proven results: Ask about their H-1B approval rates, denials, and how they handle edge cases.
Deep understanding of trends: Look for an H-1B visa lawyer who knows how to follow USCIS and immigration trends, and how to adjust their approach in response.
Employer and employee guidance: Support for both sides, ensuring compliance and clarity throughout.
Silver
Your experienced attorney files your case, with clear communication and transparency every step of the way.
What’s included:
H-1B filing
Live case tracking
2-chair legal review
Guaranteed timelines personalized to
your case*
*Prior results do not guarantee future outcomes.
How do I know if I need an H-1B lawyer?
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
Who is eligible for an H-1B visa?
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.
How does the H-1B lottery work?
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.
How long does the H-1B last?
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.
Who pays the H-1B visa costs: the employer or the employee?
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.
Does the $100K fee apply to cap-exempt H-1B?
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.
Can I change employers on an H-1B?
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.
Can my family members come with me on an H-1B?
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.
Can I sponsor myself for an H-1B visa?
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.
Can I start my own company on an 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.
What’s the difference between the H-1B and the O-1 visa for extraordinary ability?
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.
Does the H-1B allow you to seek a Green Card?
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.
What happens if I’m not selected in the H-1B lottery?
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
Is labor certification required for an H-1B visa?
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.
