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H-1B Visa Attorney

Cap registration, Labor Condition Applications, I-129 petitions, transfers, AC21 extensions and RFE responses for employers and specialty occupation workers.

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H-1B Visa Attorney: Specialty Occupation Lawyers

The H-1B visa lets a U.S. employer hire a foreign professional in a specialty occupation, and it remains the main work visa for engineers, developers, analysts, physicians, teachers and other degreed professionals. Capitol Law Partners represents employers and workers through the entire H-1B cycle: cap registration, Labor Condition Applications, the I-129 petition, transfers, amendments, extensions and the move to a green card. We handle strategy and paperwork, and we tell you plainly when another category fits better.

What an H-1B visa attorney does for you

An H-1B petition is both a compliance filing with the Department of Labor and a legal argument to USCIS. Our work includes:

  • Confirming that the position is a specialty occupation and that the worker's degree, or its equivalent, matches it.
  • Registering the beneficiary in the annual cap lottery and tracking selection and filing windows.
  • Obtaining the prevailing wage, preparing and certifying the Labor Condition Application (LCA), and setting up the public access file.
  • Drafting the Form I-129 petition and employer support letter with evidence of the employer-employee relationship.
  • Handling transfers, amendments for new worksites or changed duties, and extensions beyond the sixth year.
  • Responding to Requests for Evidence and Notices of Intent to Deny, and preparing workers for consular visa interviews.
  • Advising on H-4 dependents, travel, grace periods and long-term planning toward permanent residence.

Who qualifies for an H-1B visa

The position: a specialty occupation

The job must require the theoretical and practical application of a body of highly specialized knowledge, and at least a bachelor's degree in a specific specialty, or its equivalent, as the normal minimum for entry. Rules finalized in 2024 and effective in January 2025 clarified that the degree must be directly related to the duties, while confirming that a position may accept a range of related degrees. Software engineering, data science, accounting, architecture, medicine and finance roles routinely qualify; generalist roles with no clear degree requirement do not.

The worker: a bachelor's degree or equivalent

The worker must hold a U.S. bachelor's or higher degree in the specialty, a foreign degree evaluated as equivalent, an unrestricted state license where one is required, or a combination of education, training and progressive experience that USCIS accepts as equivalent to the degree.

The Labor Condition Application

Before the petition is filed, the employer must obtain a certified LCA from the Department of Labor. The employer attests that it will pay at least the higher of the prevailing wage or the actual wage paid to similar workers, that working conditions of U.S. workers will not be adversely affected, that there is no strike or lockout, and that notice has been given to employees. The LCA must list every intended worksite.

The annual cap and registration

Congress limits new H-1B visas to 65,000 per fiscal year, with 20,000 more for holders of U.S. master's or higher degrees. Employers register beneficiaries electronically in March, USCIS selects registrations, and selected employers file petitions for an October 1 start date. Selection rules have changed more than once in recent years, including the move to beneficiary-centric selection, and new fees and restrictions on certain H-1B entries were announced in 2025. We confirm the rules that apply to your filing at consultation.

Cap-exempt employers

Institutions of higher education, nonprofit entities related to or affiliated with them, nonprofit research organizations and governmental research organizations can file at any time without entering the lottery. A worker who was already counted against the cap can also move to a new employer without re-entering it.

Six-year limit and AC21 extensions

H-1B status is granted in increments of up to three years, for a normal maximum of six years. Under the American Competitiveness in the Twenty-first Century Act (AC21), the worker can extend in one-year increments if a labor certification or I-140 petition has been pending for at least 365 days, and in three-year increments if an I-140 is approved but an immigrant visa number is not yet available. Time spent outside the United States can be recaptured.

Transfers and portability

Because H-1B status is tied to employment with a specific petitioner, changing jobs requires a new petition. AC21 portability allows the worker to start with the new employer as soon as a non-frivolous petition is filed, provided the worker was lawfully admitted, has not worked without authorization, and the petition is filed before the current period of stay ends. Workers whose employment ends have a grace period of up to 60 days to find a new sponsor or change status.

Process and timeline

  1. Assessment. We review the position, the candidate's credentials and the employer, and choose between cap-subject, cap-exempt, transfer or alternative routes such as O-1A, TN, H-1B1 or L-1A.
  2. Registration (cap cases) in March, followed by a filing window of at least 90 days if selected.
  3. Prevailing wage and LCA with the Department of Labor, usually certified in about seven business days.
  4. Petition filing. Form I-129 with the H supplement, the certified LCA, the support letter and exhibits. Premium processing commits USCIS to act on an I-129 petition within 15 business days; standard processing times vary by service center.
  5. Approval and activation. Workers in the United States receive a change or extension of status; workers abroad attend a consular interview and receive the visa before entering.

Evidence and documents

  • A detailed job description tying each duty to the degree field, and an organizational chart.
  • Degree certificates, transcripts, credential evaluations and licenses.
  • The certified LCA, the prevailing wage source and the public access file.
  • Proof the employer is a real, operating business: tax records, payroll, financials, contracts or leases.
  • For third-party placements: contracts, statements of work and letters confirming the work and who controls it.
  • For extensions and transfers: pay statements, the I-94 record and prior approval notices.

Common problems

Most H-1B Requests for Evidence target the same points: whether the occupation truly requires a specialty degree, whether the worker's degree matches the duties, whether the wage level fits the stated experience, and whether the employer controls the work at a client site. Amended petitions are often missed when a worker moves to a new metropolitan area. At consulates, cases are sometimes placed in administrative processing under section 221(g) for verification. H-1B is a dual-intent category and is not subject to the presumption of immigrant intent under section 214(b), but officers can still refuse where the facts do not match the petition. If a petition is denied, options include a motion, an appeal, a new filing, or a mandamus action when a case has stalled.

Why Capitol Law Partners

We represent technology companies, startups, healthcare providers, universities and professional services firms, as well as individual workers facing a transfer or extension. Our business immigration solutions cover H-1B programs, compliance and the EB-2 and EB-1 green card stages that follow.

Cagatay Ersoy, founder and managing partner of Capitol Law Partners, is a graduate of Columbia Law School and focuses on employment-based immigration, including H-1B, L-1, E-2 and EB-2 NIW matters, alongside business and trademark law. Our attorneys and staff work in English, Turkish, Spanish, Portuguese and French. We represent employers and workers nationwide from our offices in Washington, DC, Northern Virginia, New York and Minneapolis, with an office in Istanbul for workers applying from abroad.

Learn more about the H-1B visa

Start your H-1B case

Whether you are planning for the next cap season or facing a transfer, extension or RFE, send us the job description and the candidate's resume and we will tell you where the case stands. Schedule a consultation or call +1 (202) 440-2272.

Frequently Asked Questions

Can I work for a new employer while my H-1B transfer is pending?
Yes, in most cases. Under AC21 portability, you may begin work for the new employer once a non-frivolous H-1B petition has been filed on your behalf, as long as you were lawfully admitted, have not worked without authorization since your last admission, and the petition was filed before your authorized stay expired. Many workers still prefer to wait for the receipt notice, and some employers require approval before the start date.
What happens if my registration is not selected in the H-1B lottery?
The employer cannot file a cap-subject petition for that fiscal year, but there are options. The worker may remain in a valid status such as F-1 OPT or STEM OPT, move to a cap-exempt employer, qualify for O-1A, TN, H-1B1, E-3 or L-1 status, or begin a green card process directly. We map these alternatives at the start so a lottery result does not derail the plan.
How long can I stay in the United States on an H-1B?
H-1B status is granted in periods of up to three years and normally caps at six years in total. You can extend beyond six years under AC21 in one-year increments if your PERM labor certification or I-140 was filed at least 365 days earlier, or in three-year increments if your I-140 is approved but your priority date is not current. Time spent outside the United States can be recaptured and added back.
Does my employer have to pay a specific salary?
Yes. The Labor Condition Application requires the employer to pay at least the higher of the prevailing wage for the occupation and location, as determined by the Department of Labor, or the actual wage paid to similarly employed workers at the company. The wage must be paid in full from the start date, including during nonproductive periods caused by the employer. Underpayment exposes the employer to back wages and penalties.
Do I need a new petition if I change job sites or duties?
Material changes require an amended petition before they take effect. Moving to a worksite outside the metropolitan area covered by the LCA, a significant change in duties, or a change in employer identity usually qualifies as material. Short-term placements and moves within the same area generally need only a new LCA posting or no action at all. We evaluate every change against the regulations and the USCIS precedent on worksite amendments.
Can my spouse and children come with me, and can my spouse work?
Yes. Your spouse and unmarried children under 21 qualify for H-4 status and may study in the United States. H-4 spouses may apply for an employment authorization document if you have an approved I-140 immigrant petition or have received an H-1B extension beyond the sixth year under AC21. Children in H-4 status cannot work, and dependents must track their own status as your H-1B is extended or changed.
What are my options if my H-1B petition is denied?
Depending on the reason, options include filing a motion to reopen or reconsider, an appeal to the Administrative Appeals Office, a new petition that fixes the problem, or a federal lawsuit when the denial is legally wrong. If you were in the United States and your prior status has lapsed, we also address the status gap and departure timing. A denial on a petition prepared elsewhere can often be cured in a well-documented refiling.
Were new H-1B fees or restrictions announced in 2025?
Yes. The federal government announced new fees and entry restrictions for certain H-1B petitions and visa applicants in 2025, along with changes to the cap selection process. The scope, exemptions and implementation of these measures have been the subject of agency guidance and litigation. We confirm the rules that apply to your specific filing at consultation rather than rely on general summaries.