Who the H1B visa is for
The H1B is a temporary work visa for specialty occupations. A specialty occupation is a job that normally requires at least a bachelor's degree, or its equivalent, in a specific field. Think software developers, engineers, accountants, architects, teachers, physical therapists, analysts and many healthcare roles.
The worker must hold that degree or the equivalent in education and experience. The employer must have a real position, pay at least the required wage for that job in that area, and file the petition. The worker cannot file an H1B for themselves.
- Employers of any size, from a two-person startup to a hospital system, as long as the job and the wage qualify
- International students finishing a degree in the U.S. on F-1 status, including those on OPT
- Professionals abroad with a U.S. job offer
- H1B workers who want to change employers, extend their stay or amend their petition after a job change
- Universities, affiliated nonprofits and research organizations that are exempt from the annual cap
How H1B sponsorship works, step by step
For most private employers, the H1B is subject to an annual numerical cap. Each year there is an electronic registration period run by U.S. Citizenship and Immigration Services (USCIS). Employers register each worker they want to sponsor. If more registrations come in than there are visas, USCIS runs a random selection, commonly called the lottery. Only selected registrations may file a petition.
Before the petition, the employer files a labor condition application (Form ETA-9035) with the Department of Labor. In it, the employer attests that it will pay the required wage and that hiring will not harm the working conditions of similar U.S. workers.
Then the employer files Form I-129 with the H supplement with USCIS, including the job description, the worker's degree and credential evaluation, and proof of the employer-employee relationship. If approved, a worker inside the U.S. can change status; a worker abroad attends a visa interview at a U.S. consulate. Immigration law is federal, so the process is the same in every state.
Cap-exempt employers, transfers and extensions
Not every H1B goes through the lottery. Institutions of higher education, nonprofits affiliated with them, nonprofit research organizations and government research organizations are cap exempt and can file at any time of year. A worker who already holds H1B status and was counted against the cap can usually move to a new employer without a new lottery.
That move is often called an H1B transfer, though legally it is a new petition by the new employer. Under portability rules, the worker may generally start with the new employer once the new petition is properly filed. Extensions and amendments follow a similar petition process and must be filed before the current status ends.
What an H1B lawyer at USG Law Group does for employers and workers
For employers, we review the position and tell you honestly whether it qualifies as a specialty occupation and what wage level applies. We handle the registration, prepare and file the labor condition application, draft the support letter and assemble the I-129 petition. If USCIS issues a request for evidence (RFE), we respond. We also set up the public access file and explain your ongoing obligations so a future audit is not a problem.
For workers, we evaluate your degree and experience, explain what your employer needs to do, coordinate with their HR team, and handle change of status, transfers and extensions. We also talk early about long-term options, since the H1B allows dual intent and many workers move toward a green card through PERM with EB-2 or EB-3, or through EB-1 when the record supports it.
Common H1B problems and how to avoid them
Petitions run into trouble when the job description does not clearly require a specific degree, when the degree is in a field unrelated to the work, when the wage level is set too low for the duties described, or when a small or new company cannot show it has real work and the ability to pay. Workers placed at client sites need extra proof of who controls the work.
Timing causes problems too. Missing the registration window means waiting a year. Falling out of status between jobs can limit options. H1B rules and costs have changed more than once in recent years, so we confirm the current requirements at the start of every case. A free consultation is the place to check all of this before anyone commits.
Why employers and professionals choose USG Law Group
Attorney Marianela Uribe spent six years as in-house counsel for a multinational company and understands employer compliance from the inside. She leads a bilingual team, is licensed in Maryland and Virginia, and serves clients in Washington DC. Clients tell us we prepare cases sooner than other offices quoted and explain everything along the way.
We offer evening, weekend and virtual appointments, payment plans and a free initial consultation in English or Spanish. Related pages: our L-1 Visa page for company transfers, our EB-1 Visa page for professionals with a strong record, and our Business Immigration overview.
