H-1B Specialty Occupation Visas

The H-1B visa program is one of the most sought-after work visa categories in the United States, allowing U.S. companies to hire foreign professionals in specialty occupations that require highly specialized knowledge and at least a bachelor's degree or its equivalent. Since the program's inception, it has become the primary pathway for skilled foreign workers to contribute their expertise to the American economy while building their careers in the United States. Industries such as technology, engineering, healthcare, finance, education, and scientific research heavily rely on H-1B visa holders to fill critical positions that require advanced technical skills and specialized knowledge.

However, the H-1B visa program is highly competitive and complex. Each year, USCIS receives hundreds of thousands of H-1B petitions but can only approve 85,000 of them—65,000 under the regular cap and an additional 20,000 for foreign nationals holding U.S. master's degrees or higher. This creates an extremely competitive lottery system where even well-qualified candidates may not receive an H-1B visa simply due to the numerical limitations. Additionally, USCIS has intensified its scrutiny of H-1B petitions in recent years, issuing Requests for Evidence (RFEs) at much higher rates than in the past. Common areas of scrutiny include whether the position truly qualifies as a specialty occupation, whether the beneficiary has the required qualifications, whether the employer-employee relationship is valid, and whether the wage being offered meets prevailing wage requirements. These challenges make it essential to work with experienced immigration attorneys who understand the intricacies of H-1B law and can prepare strong, comprehensive petitions that withstand USCIS scrutiny.

At Vasquez Law Firm, we have successfully handled over 800 H-1B cases with a 96% approval rate. Our immigration attorneys have deep expertise in all aspects of the H-1B process, from initial eligibility assessments and Labor Condition Application (LCA) filing to preparing detailed legal briefs that establish specialty occupation qualifications and responding to complex RFEs. We work closely with both employers and foreign workers to ensure compliance with all Department of Labor and USCIS requirements. Whether you are filing an initial H-1B cap-subject petition, seeking an H-1B extension beyond the initial three-year period, amending an H-1B petition due to changes in employment conditions, or pursuing a cap-exempt H-1B position at a university or nonprofit research institution, we provide strategic legal counsel tailored to your specific situation. Our firm also assists with H-1B transfers when changing employers, H-1B portability issues, and transitioning from H-1B status to permanent residence through employment-based green card processes. With our comprehensive understanding of immigration law and our commitment to meticulous case preparation, we maximize your chances of H-1B approval in an increasingly difficult regulatory environment.

The H-1B visa also offers significant advantages for foreign professionals seeking long-term opportunities in the United States. Unlike many other nonimmigrant visa categories, the H-1B is a "dual intent" visa, meaning H-1B holders can simultaneously maintain their temporary work status while pursuing permanent residence through the green card process. This flexibility allows H-1B visa holders to put down roots in the United States, bring their spouses and children (who receive H-4 dependent status), and in many cases, allow their spouses to obtain work authorization. The H-1B visa is initially granted for up to three years and can be extended for an additional three years, totaling a maximum of six years. However, H-1B holders who have begun the green card process may be eligible for extensions beyond the six-year limit in certain circumstances, particularly if they are in advanced stages of the labor certification or adjustment of status process. Understanding these options and planning strategically for long-term immigration goals is critical for H-1B visa holders who wish to make the United States their permanent home.