PRACTICE AREA
H-1B Specialty Occupation Visa
The primary pathway for U.S. employers to hire skilled foreign professionals. I've filed hundreds — and I know what makes the difference between approval and denial.
What Is the H-1B Visa?
The H-1B visa allows U.S. employers to temporarily employ foreign workers in specialty occupations. These are roles that require at least a bachelor's degree in a specific field — commonly in technology, engineering, finance, medicine, and architecture. As a former USCIS adjudicator, I've reviewed thousands of H-1B petitions. I know exactly what officers look for in a strong case, and I build every petition to exceed those standards.
Eligibility Requirements
• The position must qualify as a 'specialty occupation' • You must hold at least a bachelor's degree (or equivalent) in a directly related field • The employer must file a certified Labor Condition Application (LCA) • The employer must pay the prevailing wage for the position • The position must have a legitimate employer-employee relationship
The H-1B Cap & Lottery
There is an annual cap of 65,000 regular visas, plus 20,000 for those with a U.S. master's degree or higher. Registration opens in early March each year. Cap-exempt employers include universities, nonprofit research organizations, and government research organizations. If your employer is cap-exempt, you can file at any time.
My Process
1. Initial Assessment — I evaluate your qualifications and the position's specialty nature 2. LCA Preparation — I draft and file the Labor Condition Application with the DOL 3. Petition Assembly — I compile a comprehensive evidence package built to USCIS standards 4. Filing & Tracking — I submit the petition and monitor its progress 5. RFE Response — If USCIS issues an RFE, I craft a targeted response drawing on my insider experience 6. Approval & Next Steps — I advise on consular processing or change of status
Key Facts
→ Duration: 3 years (renewable to 6)
→ Dual Intent: Yes (can pursue Green Card)
→ Family: H-4 dependent visa
→ Cap: 85,000/year total
→ Premium Processing: Available (15 business days)
→ Work Authorization: Employer-specific
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