Florida Board Certified in Immigration & Nationality Law (Florida Bar Member #7439). The H-1B specialty worker visa is the most common path into the United States for foreign professionals — and one of the most competitive. We manage H-1B cases for employers and individuals from cap selection through six years of status and the path to a green card; if you are at the top of your field, consider extraordinary ability classification if you qualify as a cap-exempt alternative.
What makes a job an H-1B "specialty occupation"
The role must:
- Require theoretical and practical application of a body of highly specialized knowledge, AND
- Require attainment of a bachelor's or higher degree in a specific specialty (or equivalent) as a minimum for entry into the occupation.
USCIS evaluates whether the role meets at least one of four regulatory criteria: degree is normally required; the requirement is common in the industry; the employer normally requires a degree for the role; the duties are so specialized that performance requires the knowledge associated with the degree. Our H-1B visa sponsorship in Orlando: guide for employers and employees works through each criterion with Central Florida examples.
The annual H-1B cap
H-1B is subject to an annual cap: 65,000 regular visas plus 20,000 additional for U.S. master's degree holders. Demand vastly exceeds supply, so USCIS runs an electronic lottery in March each year. Selection probability has been roughly 1 in 4 in recent years for the regular cap and slightly better for the master's cap.
Cap-exempt employers (universities, non-profit research, government research) can file H-1B petitions year-round without entering the lottery.
Canadian and Mexican professionals who are not selected in the lottery often have a faster route worth weighing — see how the TN visa compares to the H-1B.
How we manage employer-side H-1B cases
- Cap registration in March — entering the lottery for each prospective beneficiary.
- Petition preparation for selected candidates — Labor Condition Application, support letter establishing specialty occupation, beneficiary credentials, education evaluations for foreign degrees, public access file setup.
- Site-of-employment compliance — LCA filing for each work location, including third-party client sites.
- Transfers and extensions — porting H-1B between employers (no new cap needed once approved); extensions beyond 6 years for those with PERM/I-140 in process.
- RFE responses on specialty-occupation, employer-employee relationship, and beneficiary qualifications.
Common pitfalls
- Roles that USCIS does not consider specialty occupations — generic IT roles without a specific degree requirement, business analyst positions where any degree would do, "computer specialist" titles without further specification.
- Third-party placement — the Defensor decision and subsequent guidance require the petitioning employer to maintain control over the work even at end-client sites. Documentation matters.
- Beneficiary qualification gaps — degree in the wrong field, or work experience claimed instead of a degree without proper credential evaluation.
- LCA wage compliance — paying the higher of the prevailing wage or actual wage at the location and skill level.
Talk to a Florida Board Certified Immigration Attorney
Free 30-minute consultation. No obligation. Confidential. Available in English or Spanish. Serving all of Central Florida from our Orlando office since 1996.
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I was selected in the H-1B lottery — what now?
Selection only earns the right to file. Your employer (or counsel) prepares and files the full I-129 petition by the USCIS deadline (typically late June). After approval, you can either change status inside the U.S. starting October 1 or get an H-1B visa stamp at a consulate to enter the U.S.
Can I change H-1B employers?
Yes — H-1B portability lets you start with a new employer as soon as the new petition is filed (not approved). The new employer files a new I-129; once it is properly received, you can begin work.
How long can I stay on H-1B?
The standard maximum is 6 years. Extensions beyond 6 years are available in 1-year increments under AC21 §106(a) if a PERM or I-140 has been pending or approved for at least 365 days, or in 3-year increments under AC21 §104(c) if your I-140 is approved but a green card is not yet available due to per-country backlogs.
My company is acquiring another company — does my H-1B transfer?
Often yes, via a "successor in interest" doctrine that lets the new entity assume the H-1B without re-filing. The transfer requires the acquiring company to assume the predecessor's liabilities. We document this carefully to avoid lapses in status during corporate transactions.
My H-1B was denied — what are my options?
You can refile (often with strengthened evidence), file a motion to reopen or reconsider, or appeal to the AAO. Often the better strategy is to refile with a stronger record. We assess each option based on the denial grounds.
How do I schedule a consultation?
Send the form below, call the office, or email us, and we will get back to you. The first consultation is free, and we can hold it in English or Spanish. Bring any notices you have already received from USCIS or the immigration court, since those set the deadlines that matter most.
