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

Schedule Consultation

ALEX RIVERA

Former USCIS officer turned advocate. I've seen both sides of every case — now I use that insight to fight for yours.

Contact

  • 1750 K Street NW, Washington, D.C.
  • +1 (202) 555-0147
  • alex@riveraimmigration.com

© 2026 Alex Rivera Immigration Law. Attorney Advertising. Prior results do not guarantee a similar outcome.