H-1B Specialty Occupation Visas
Expert legal representation for H-1B visa applications, extensions, and amendments
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H-1B Visa Categories
The H-1B visa allows U.S. employers to temporarily employ foreign workers in specialty occupations that require theoretical or technical expertise. With only 85,000 visas available annually, expert legal guidance is crucial for success.
New H-1B (Cap-Subject)
First-time H-1B applications subject to annual cap of 85,000
Requirements:
- Bachelor's degree
- Specialty occupation
- LCA approval
- Lottery selection
Challenges:
- Annual lottery system
- Limited to 85,000 visas
- High competition
Cap-Exempt H-1B
H-1B positions not subject to annual numerical limitations
Requirements:
- University/research institution
- Nonprofit research org
- Government research
Challenges:
- Limited employer types
- Must qualify for exemption
H-1B Extensions
Extending existing H-1B status beyond initial 3-year period
Requirements:
- Valid H-1B status
- Continuing employment
- Same or similar duties
Challenges:
- 6-year maximum (with exceptions)
- I-94 gap issues
H-1B Amendments
Changes to existing H-1B petitions (location, duties, salary)
Requirements:
- Material change in employment
- Updated LCA if needed
- Supporting documentation
Challenges:
- Determining when amendment needed
- Timing of changes
H-1B Eligibility Requirements
Education
- Bachelor's degree or higher (US or foreign equivalent)
- Degree must be in specialty occupation field
- Combination of education and experience may qualify
- Professional credentials may substitute
Specialty Occupation
- Position requires theoretical and practical application of specialized knowledge
- Bachelor's degree normally required for the position
- Employer normally requires degree for similar positions
- Nature of duties is specialized and complex
Employer Requirements
- Valid job offer from qualifying US employer
- Employer must file Labor Condition Application (LCA)
- Prevailing wage requirements must be met
- Employer must maintain compliance records
H-1B Application Process
LCA Filing
7-10 daysDepartment of Labor certification for wage and working conditions
- Prevailing wage determination
- Public posting requirements
- DOL filing and approval
I-129 Preparation
2-3 weeksPrepare and compile comprehensive H-1B petition package
- Document collection
- Legal brief preparation
- Form completion and review
USCIS Filing
1-2 daysFile petition with USCIS with premium processing option
- Priority filing
- Premium processing election
- Receipt notice tracking
Adjudication
15 days (premium) or 2-4 months (regular)USCIS review and decision on H-1B petition
- Initial review
- RFE response if needed
- Final approval/denial
Common H-1B Challenges & Solutions
H-1B Lottery System
Only 85,000 H-1B visas available annually with random selection process
Our Solution
Strategic filing for maximum lottery chances
Specialty Occupation Proof
USCIS scrutinizes whether position qualifies as specialty occupation
Our Solution
Comprehensive documentation and expert legal briefs
Prevailing Wage Issues
Must pay at least prevailing wage for position and location
Our Solution
Accurate wage surveys and DOL compliance
RFE Responses
Requests for Evidence require detailed legal and factual responses
Our Solution
Expert legal analysis and comprehensive responses
H-1B Quick Facts
Related Visa Services
Don't Leave Your H-1B to Chance
With only 85,000 H-1B visas available annually, you need expert legal guidance. YO PELEO™ for your success.