The H-1B visa allows U.S. employers to hire foreign professionals in “specialty occupations,” positions that require at least a bachelor’s degree, or its equivalent, in a specific field. It is the most common work visa for professionals in technology, engineering, finance, accounting, architecture, education and healthcare.
How the H-1B works
- Annual cap and registration. Most new H-1B petitions are subject to an annual limit, with additional numbers for holders of U.S. master’s or higher degrees. Employers register candidates electronically each spring, and USCIS selects registrations for filing. The selection process and filing fees have changed in recent years, and we keep clients current on the latest rules.
- Cap-exempt employers. Universities, affiliated non-profit organizations and certain research organizations can file H-1B petitions at any time of year, outside the lottery.
- Wage and labor requirements. The employer must file a Labor Condition Application with the Department of Labor and pay at least the required wage for the position and location.
- Duration. H-1B status is granted for up to three years at a time, generally for a maximum of six years, with extensions beyond six years possible for those in the green card process.
Services for employers and employees
- Evaluating whether a position qualifies as a specialty occupation
- Registration and cap-subject petitions, and cap-exempt petitions
- Transfers to a new employer, extensions and amendments for changes in job or worksite
- Responding to requests for evidence
- Guidance for startups and small companies sponsoring their first H-1B worker
- Planning the transition from H-1B to permanent residence
Our approach
Employers need a process that is predictable and compliant. Employees need to understand how their status affects their career and their family. We explain each step, prepare petitions that anticipate USCIS’s questions, and flag options such as the O-1 when the lottery is uncertain.