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.
Who qualifies for an H-1B?
The job has to require at least a bachelor's degree in a directly related specialty, and you have to hold that degree, a foreign equivalent, a full state license, or experience that equals the degree. USCIS lists those tests on its H-1B Specialty Occupations page. The employer also needs a certified Labor Condition Application from the Department of Labor.
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.
How does the H-1B registration and lottery work?
Employers register each worker online and pay $215 per registration. For FY 2027 the window ran from March 4 to March 19, 2026. When registrations outnumber the 65,000 regular slots and 20,000 U.S. master's slots, USCIS now runs a weighted selection that favors higher wage levels, according to its H-1B Electronic Registration Process page.
Starting with FY 2027, a registration at OEWS wage level IV goes into the selection pool four times, level III three times, level II twice, and level I once, as the USCIS H-1B Cap Season page explains. USCIS says it has already received enough petitions to reach both FY 2027 caps. For FY 2026, the last year before weighting, it counted 343,981 eligible registrations and selected 120,141.
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 does an employer file an H-1B petition?
After selection, the employer files Form I-129 with a certified Labor Condition Application, starting April 1 for FY 2027 cap cases. USCIS fee schedule Form G-1055 (edition 10/16/26) lists $780 on paper or $730 online, or $460 for small employers and nonprofits, plus an Asylum Program Fee of $600 ($300 for small employers, $0 for nonprofits).
Two other payments can apply. A DHS final rule effective Sept. 9, 2026 requires the 9-11 Response and Biometric Entry-Exit Fee on H-1B petitions from employers with 50 or more U.S. employees, more than half of them in H-1B or L-1 status. The $100,000 payment that a Sept. 19, 2025 presidential proclamation attached to certain new petitions is tied up in court: a federal judge vacated the implementing guidance on June 8, 2026, the First Circuit denied a stay on July 24, 2026, and DHS says it is complying while it considers next steps and still plans to collect the payment if the order is lifted, according to the USCIS H-1B page.
On the employer side, we handle:
- 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.
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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: an initial period of up to 3 years plus extensions of up to 3 more, and under 8 CFR 214.2(h)(15)(ii)(B)(1) the total stay may not exceed six 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.
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