IT consulting companies that place H-1B workers at client sites face more scrutiny than employers whose staff work in-house. The core task is proving that a real specialty-occupation job exists for the full period requested when the work happens at a third-party location. USCIS can ask the employer to show it controls the worker's day-to-day work and that the end-client position requires a specific degree. Helpful evidence includes contracts between the consulting company, any vendor and the client, project letters and work orders. Workers also need guidance on transfers, extensions and green card filings.
- Third-party worksites draw extra scrutiny from USCIS in IT consulting H-1B cases.
- The employer must show a real specialty-occupation job for the full period requested.
- Contracts, project letters and work orders often serve as key evidence.
- Workers also need help protecting status through transfers, extensions and green card filings.
Introduction
IT consulting companies that place H-1B workers at client sites face more scrutiny than employers whose staff work in-house, and their workers face more questions when they change projects or employers. This page explains how H-1B cases for IT consulting firms and professionals generally work in Florida, and what an H-1B lawyer does for employers and workers. To discuss a case, call 1-844-YO-PELEO or contact us.
An H-1B lawyer helps the employer document the job, the worksite and the employment relationship, and helps the worker protect status through transfers, extensions and green card filings. Vasquez Law Firm works with consulting firms and professionals across Florida from our Orlando office and by secure video.
This page is general information, not legal advice. H-1B rules, the registration process, wage requirements and fees have changed in recent years and may change again, so confirm current requirements with USCIS and the Department of Labor, and speak with a lawyer about your own facts.
Why IT Consulting H-1B Cases Need Extra Attention
An H-1B lawyer for IT consulting companies is usually asked to solve the same underlying problem: proving that a real, specialty-occupation job exists for the full period requested when the work happens at a third-party location. USCIS can ask the employer to show that it controls the worker's day-to-day work, that the position at the end client actually requires a bachelor's degree or equivalent in a specific field, and that the worker has a real assignment rather than a promise of future projects.
Evidence that often matters in these cases includes the contracts between the consulting company, any vendor, and the end client; a letter describing the project and duties; work orders with dates; and records showing who supervises and evaluates the worker. When documents conflict, for example a contract that ends long before the requested H-1B period, the petition can draw a request for evidence or a denial. Reviewing these papers before filing is a large part of what we do. Our H-1B visa services page covers the full range of H-1B work.
Labor Condition Applications and Worksite Changes
Before filing an H-1B petition, the employer must obtain approval of a Labor Condition Application from the Department of Labor for the place of employment. The employer agrees to pay at least the required wage, to post notice at the worksite, and to keep a public access file. For consulting companies, the worksite is where problems often start.
Moving a worker to a new client site outside the area covered by the original application can require a new application and an amended H-1B petition before the move. Short placements may fall under limited exceptions, but those rules are specific, so check before reassigning anyone. A simple tracking sheet of every worker's current site, start date and application number helps a company avoid accidental violations.
Workers should also know their own rights and records. The employer's public access file, the posted notice and the wage terms exist partly to protect the worker, and a worker who believes the pay or the job is not what the application described can seek advice. Keep copies of your offer letter, pay records and any amendment notices so that you can show what you were hired to do and where you worked.
H-1B Transfers: Changing Employers
Many consulting professionals eventually move to a direct-hire role or a different consulting company. A lawyer prepares the new employer's petition, which is a new filing and not a simple transfer of the old approval. Under the portability rules, a worker in valid H-1B status may often start working for the new employer once the new petition is properly filed, without waiting for approval.
That only works if the worker has maintained status, so gaps between jobs, unpaid periods, or time on the bench without pay need to be reviewed first. Workers who lose a job have a limited grace period, and there are specific options for using it, so speak with a lawyer quickly if your employment ends.
Extensions and the Six-Year Limit
H-1B status is generally granted in periods of up to three years, with a total limit of six years, not counting certain time spent outside the United States. A lawyer files a new petition before the current approval expires and confirms that the job, worksite and wage still match. Extensions beyond six years are possible in specific situations tied to the green card process, such as when a PERM labor certification or immigrant petition has been pending long enough, or when an I-140 has been approved but an immigrant visa is not yet available because of the per-country backlog. Workers from India and China are most often in this position.
Because the rules for these longer extensions are technical, workers should start the green card process early enough to preserve options, and should keep copies of every filing and receipt.
Dependents have their own timeline. A spouse and unmarried children under 21 may hold H-4 status tied to the principal worker's approval, and their extensions should be filed together with or soon after the worker's. Certain H-4 spouses may be eligible for work authorization, and the rules have changed over time, so check the current requirements. Time spent outside the United States can sometimes be recaptured toward the six-year limit if it is documented, so keep travel records.
From H-1B to a Green Card Through PERM
Ideally your H-1B attorney, PERM counsel and green card lawyer are the same team, because the temporary visa and the permanent residence plan must fit together. PERM labor certification requires the employer to define the job's real minimum requirements, conduct required recruitment, and show that no qualified, willing and available U.S. worker applied. After certification, the employer files Form I-140, and when a visa number is available the worker applies to adjust status or processes at a consulate. Consulting companies must also show the job offer is genuine and that they can pay the offered wage.
Because H-1B is a dual-intent classification, starting a green card case does not by itself jeopardize H-1B status. The bigger risk is a job change at the wrong moment, which can mean restarting PERM. Some workers can avoid PERM by qualifying for EB-1 or the EB-2 national interest waiver, which we can evaluate during a consultation.
Employers should plan the green card timeline with the same care as the H-1B timeline. PERM includes a prevailing wage determination, recruitment and a quiet period in which the employer cannot rush the steps, and each stage can take longer than expected. Starting early gives the company room to answer audit requests or to adjust if the job description needs to change. Workers who may be affected by per-country backlogs should discuss the long-term plan at the beginning, not when the sixth year is already running out.
How the H-1B Process Works for IT Consulting Employers
- Confirm that the position is a specialty occupation and that the worker's degree and experience fit it.
- If the cap applies, enter the annual registration process and wait for selection; cap-exempt employers skip this step.
- Obtain an approved Labor Condition Application for each worksite.
- Assemble the contracts, work orders, project letters and itinerary that show the assignment for the requested period.
- File the petition with USCIS and keep the receipt.
- Respond to any request for evidence by its deadline, with documents from the consulting company and, where possible, the end client.
- After approval, the worker changes status or applies for a visa, and the employer keeps the public access file and records.
Document Checklist for an IT Consulting H-1B Petition
- The worker's degree, transcripts, résumé and any credential evaluation.
- The job description, offered wage and the Labor Condition Application.
- Contracts among the consulting company, any vendor and the end client.
- Work orders or statements of work with dates and project descriptions.
- Letters from the end client confirming the project and the position's requirements, where available.
- Company documents: tax returns, payroll records and organizational information.
- The worker's passport, I-94 record and prior approval notices.
Employers should keep the same documents ready for extensions and for any site visit or follow-up request, since the evidence tends to be the same each time.
Timeline and Processing Expectations
H-1B cases follow a calendar set partly by the agency. Cap-subject cases depend on an annual registration period, selection and a filing window, while cap-exempt and extension cases can be filed at other times. USCIS also offers premium processing for some petitions, subject to its own fee and conditions. Processing times and options change, so we do not quote them; USCIS publishes current information on its website.
Consulting firms should build their calendar around the current approval's expiration date and file extensions and amendments with room to spare. Workers should keep their own record of approval dates and avoid travel plans that depend on a decision that may not be ready.
| Stage | What happens | Who acts |
|---|
| Registration, if required | Employer enters the annual cap process | Employer and USCIS |
| Labor Condition Application | Employer attests to wage and conditions for the worksite | Employer and Department of Labor |
| Petition filing | Employer files with documents on the job and assignment | Employer and USCIS |
| Request for evidence, if any | Employer responds with added documents | Employer and lawyer |
| Approval and start | Worker changes status or applies for a visa; work begins | Worker, USCIS or consulate |
Responding to a Request for Evidence
Requests for evidence are common in third-party placement cases. A typical request asks the employer to show the specialty-occupation nature of the position, the existence of work for the entire requested period and the employer-employee relationship. A strong response organizes the contracts, work orders and client letters so that the officer can follow a clear story, rather than sending a large pile of papers.
The response has a firm deadline, and an incomplete response is treated as a failure to prove eligibility. If an end client is slow to provide a letter, tell the lawyer early so that the response can be built around what is available.
Cost Factors and Fee Breakdown
An H-1B case includes several government fees, plus legal fees, and rules on who pays them are specific.
| Item | Amount | Notes |
|---|
| Registration fee, if the cap applies | Check USCIS for the current fee | Paid by the employer |
| Form I-129 petition and added fees | Check USCIS for the current fee | Added fees can depend on employer size and type |
| Premium processing, if requested | Check USCIS for the current fee | Optional where available |
| PERM and I-140 costs | Varies by case | Recruitment costs and fees for the green card stage |
| Legal fees | Varies by case | Depends on the number of workers and complexity |
Under federal rules, the employer must pay certain H-1B costs and cannot pass them to the worker. Ask the lawyer to confirm in the engagement letter who pays which cost.
Legal fees vary with the number of workers, the complexity of the placements and the amount of evidence needed. Ask what is included, such as responses to requests for evidence and extension filings.
How to Evaluate an H-1B Lawyer
People search online for an H-1B attorney, but the results are not an independent ranking; they mix advertising and directories. When you compare lawyers, ask direct questions instead:
- Is the lawyer licensed and in good standing? You can check any lawyer through the state bar where they are admitted.
- Has the lawyer explained how client-site placements, contracts and itineraries will be documented in your case?
- Will the same team handle your H-1B, extensions and PERM, so that job descriptions stay consistent?
- Does the engagement letter say clearly what is included and who pays which costs?
Be cautious about any lawyer who guarantees an outcome. No lawyer controls what USCIS will decide, and the Florida Bar prohibits lawyers from promising results.
Common Mistakes to Avoid
- Moving a worker to a new client site without checking whether a new application or amended petition is needed.
- Filing with contracts that end before the requested H-1B period.
- Leaving a worker unpaid on the bench, which can create status problems.
- Starting a job change without confirming that the new petition has been properly filed.
- Waiting until the approval is about to expire to file the extension.
- Changing the job description between the H-1B and PERM stages.
- Relying on an unlicensed preparer instead of a licensed attorney.
When to Call a Lawyer
Call a lawyer before you file a new petition, before a worker moves to a new client site or employer, when a request for evidence or denial arrives, when a worker loses a job, and before you start a green card plan. Early advice is especially important for consulting firms, because the placements, contracts and dates have to line up. Call 1-844-YO-PELEO or contact our office to schedule an H-1B consultation. Employers with broader needs can also see our business immigration page.
About Vasquez Law Firm
Vasquez Law Firm practices immigration law only. Our only office is at 1111 E Amelia Street in Orlando. We represent employers and workers in Tampa, Jacksonville, Miami and the rest of Florida through video meetings, phone calls and secure document sharing, and we meet in person in Orlando when clients prefer. William J. Vásquez is the founding attorney, and consultations are available in English and Spanish. Call 1-844-YO-PELEO or contact us.
Sources and References
Related services: H-1B visa lawyers, immigration lawyers in Florida
Other ways people search for this
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This article is general information, not legal advice. Every case is different; speak with an immigration lawyer about your situation.
