H-1B Visa Lawyer

Specialty Occupation Work Visas (U.S.)

The H-1B visa is a U.S. nonimmigrant work visa that allows American employers to hire qualified foreign professionals for roles that typically require at least a bachelor’s degree (or equivalent) in a specialized field. H-1B status is commonly issued for an initial period of up to three years and may be extended for an additional period, depending on eligibility.

At Crightney Immigration, we help employers and foreign professionals understand whether H-1B is the right pathway, build a strong petition strategy, and prepare clear documentation that matches the role, the candidate, and U.S. compliance rules.

Page Overview

• What is the H-1B visa?

• Who can qualify?

• Key requirements for the worker and the job

• Step-by-step H-1B process

• Annual cap and lottery registration

• Processing timelines and extensions

• Bringing family (H-4)

• Costs and government fees (high-level overview)

• Changing employers (H-1B transfer)

• H-1B options for founders and entrepreneurs

• How our H-1B lawyers can help

1) What Is the H-1B Visa?

The H-1B is designed for specialty occupation roles positions where the nature of the work usually requires a degree-level background in a specific specialty. H-1B is widely used in professional sectors such as:

• Information Technology and software

• Engineering and technical fields

• Finance and analytics

• Marketing and business specialties

• Healthcare-related professional roles (where permitted)

• Education and other professional services

In addition to the standard “specialty occupation” category, the H-1B classification can also apply in limited situations involving certain research and development projects and fashion models with distinguished credentials.

2) Who Is Eligible for H-1B?

H-1B eligibility typically depends on two things:

The Worker

The candidate must generally have:

• A U.S. bachelor’s degree or higher, or a foreign equivalent

• Education and/or experience that matches the specialty of the offered role
  (For certain limited subcategories, the eligibility framework differs.)

The Job

The offered position must genuinely qualify as a specialty occupation. It’s not enough for an employer to simply “prefer” a degree U.S. officers assess whether the job duties and the industry standard support a degree requirement.

3) H-1B Requirements (Worker + Employer + Position)

A) Employer Requirements

To sponsor an H-1B worker, the U.S. employer must generally:

• Offer a real role with professional-level duties

• File required filings with the Department of Labor and USCIS

• Agree to wage and workplace compliance obligations

B) Worker Requirements

The candidate must show:

• Degree equivalency (or qualifying alternative pathway if applicable)

• A direct connection between the degree background and the role

• Any required professional license (when the occupation requires licensing)

C) Position Requirements (Specialty Occupation Test)

Officers commonly evaluate factors such as:

• Whether a degree is normally required for similar roles in the industry

• Whether the job duties are sufficiently complex and specialized

• Whether the employer consistently requires a degree for the role

• How the role fits inside the organization (team structure, projects, supervision)

4) H-1B Process (Step by Step)

While every case is different, most cap-subject H-1B filings follow a workflow like this:

1.  Role + candidate review (ensure the job and credentials align)

2. Lottery registration during the USCIS registration window (if cap-subject)

3. Labor Condition Application (LCA) filing with the Department of Labor

4. H-1B petition filing with USCIS (including supporting evidence)

If approved:

• Consular visa stamping abroad, or
• Change of status inside the U.S. (if eligible)

Your start date and work authorization depend on the filing type and the employer’s planning timeline.

5) The H-1B Cap and Lottery Registration

Most private-sector employers are subject to the annual H-1B cap, which is why USCIS uses an electronic registration system and a random selection (lottery) when registrations exceed available numbers.

Some employers are cap-exempt, such as certain qualifying institutions and organizations. Determining whether a case is cap-subject or cap-exempt is a key strategy step and can change the timing dramatically.

6) How Long Does H-1B Take?

Timelines vary based on:

• Whether the case is cap-subject or cap-exempt

• Government workload

• Whether USCIS issues a request for additional information

• Whether premium processing is selected (where available)

A well-prepared petition package can reduce delays and avoid preventable requests.

7) How Long Can You Stay in the U.S. on H-1B?

H-1B is commonly granted for up to three years initially and may be extended up to a typical six-year total period, depending on the situation. Some individuals may qualify for longer stays in certain circumstances, especially when a permanent residence process is underway.

8) Can You Bring Family Members? (H-4)

Yes. H-1B workers can generally bring:

• A spouse, and

• Unmarried children under 21

Family members typically hold H-4 status. Work authorization for H-4 spouses depends on eligibility rules and the family’s immigration stage. We help families assess whether an H-4 spouse may qualify to work and what timing to expect.

9) H-1B Costs and Government Fees

H-1B cases involve multiple government fees, and the total can vary based on:

• Employer size/type

• Whether the employer is subject to special surcharge rules

• Whether premium processing is used

• Whether dependents are applying

Because fees and rules can change, we provide an up-to-date fee breakdown during consultation based on the employer’s profile and the filing plan.

10) Changing Employers (H-1B Transfer)

H-1B workers can often change employers, but the process must be handled correctly. Typically:

• The new employer files a new petition

• The worker may be able to start work after USCIS issues a receipt notice (in many situations)

• Maintaining status and timing is critical to avoid gaps or work authorization issues

If employment ends, there may be a limited grace period depending on the worker’s circumstances.

11) H-1B for Founders, Investors, and Entrepreneurs

Entrepreneurs and founder-beneficiaries may be able to use H-1B in some circumstances, but the case must be structured carefully. USCIS generally focuses on whether:

• The company can offer a real specialty occupation role, and

• The business can demonstrate an appropriate employer-employee relationship, including oversight and control consistent with H-1B rules

Founder cases require strategic planning and stronger documentation than standard employee cases.

12) How Crightney Immigration Can Help

H-1B petitions succeed when the story is consistent across:

• the job duties,

• the wage and worksite details,

• the company’s need,

• and the candidate’s credentials.

Our support typically includes:

• Eligibility and strategy assessment (cap vs cap-exempt; consular vs change of status)

• Role and duties review to support specialty occupation positioning

• Document checklists and evidence planning

• Petition drafting and organization of exhibits

• Response support if USCIS requests more information

• Guidance for dependent family filings and travel planning considerations

Ready to Start an H-1B Case?

If you’re an employer planning a hire, or a professional exploring U.S. work options, book a consultation with Crightney Immigration to review eligibility, timing, and the strongest filing strategy.

Speak With an Immigration Professional 

Speak with an immigration professional to explore eligibility and identify the most effective strategy for your situation.

U.S. Immigration Disclaimer
Crightney Immigration provides immigration consulting and administrative support services. U.S. immigration matters may involve collaboration with U.S. licensed attorneys where required by law. This website provides general information only and does not constitute legal advice or create an attorney-client relationship.