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H-1B Specialty Occupation Visa

The cornerstone U.S. work visa for professionals β€” now a wage-weighted competition where strategy determines selection.

Overview

The H-1B allows U.S. employers to sponsor foreign professionals in specialty occupations requiring at least a bachelor's degree in a specific field. Common fields include IT, engineering, finance, healthcare, biotech, and architecture. H-1B is dual-intent β€” you can pursue a green card while holding it.

Under the wage-weighted selection system, registrations offered higher DOL wage levels receive better lottery odds. Since 1999 our firm has handled over 75,000 H-1B approvals β€” cap cases, cap-exempt filings, transfers, amendments, extensions, and RFE defense.

Who May Qualify

  • A U.S. employer with a specialty occupation position
  • A bachelor's degree or equivalent in a directly related field
  • A certified Labor Condition Application (LCA) at the proper wage level
  • Maintained lawful status for change-of-status filings
  • Cap-exempt employers (universities, nonprofits, research organizations) may file year-round

How We Help

  • Cap registration strategy and wage-level mapping to maximize selection odds
  • New petitions, transfers, amendments, and extensions including AC21 beyond 6 years
  • Third-party placement documentation β€” client letters, SOWs, MSAs, employer-control evidence
  • H-4 and H-4 EAD filings for spouses and children
  • RFE, NOID, and denial responses; FDNS site-visit preparation

The Process

  1. Consultation β€” position, degree, wage level, and cap strategy
  2. Electronic registration and selection
  3. LCA preparation and certification
  4. I-129 petition drafting and filing (premium processing available)
  5. RFE response if issued; approval and visa stamping or COS

Frequently Asked Questions

How does the wage-weighted lottery work?

Higher DOL wage levels get more entries β€” Level 3 and Level 4 positions have significantly better odds. We map the highest defensible wage level before registration.

Can I change employers after a layoff?

Yes β€” H-1B portability lets you begin work for a new employer once the transfer petition is filed. After a layoff you have a 60-day grace period.

Do I need a U.S. degree?

No. A foreign degree evaluated as equivalent qualifies, as does a combination of education and progressive experience under the three-for-one rule.

This page is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by viewing this page. Immigration law is complex and fact-specific β€” please consult a qualified immigration attorney about your individual situation.