H-1B Visa Lawyer in Dallas, TX
The H-1B is a nonimmigrant visa for specialty occupation workers in fields that typically require a bachelor's degree or higher, such as engineering, IT, finance, and healthcare.
Who Is the H-1B Visa For?
Who Qualifies
The position must qualify as a specialty occupation, and the worker must hold the required degree or its equivalent. Employers must file a Labor Condition Application (LCA) with the Department of Labor certifying they will pay the prevailing wage and that the hire will not adversely affect similarly employed U.S. workers.
How to Apply
For cap-subject cases requiring electronic registration, the employer registers during the announced period and may file Form I-129 if selected and eligible. Cap-exempt and other petition types have different filing requirements. A certified LCA and case-specific supporting evidence are generally required.
Our Application Process
Period of Stay & Processing
H-1B status is commonly approved for up to three years at a time and is generally subject to a six-year maximum. Additional time may be available under specific statutory provisions, including some circumstances involving labor certifications or employment-based immigrant petitions.
This overview is for general information only and is not legal advice. Current forms, fees, and eligibility rules should always be confirmed against official USCIS and U.S. Department of State guidance, or with one of our attorneys, before filing.
H-1B Cap Registration and Employer Sponsorship
Many first-time H-1B petitions are subject to the annual numerical cap. Where registration applies, a prospective U.S. employer or its authorized representative submits an electronic registration during the announced registration period. Selection, when required, permits an eligible registrant to file a cap-subject petition; it does not mean the petition has been approved. The selection method, registration dates, fees, and filing requirements can change, so employers should review the instructions for the applicable fiscal year before taking action.
Some employers and petitions qualify for an exemption from the annual cap, including certain institutions of higher education and qualifying nonprofit or governmental research organizations. The cap-exempt analysis depends on the actual petitioner and circumstances; simply working in an academic or healthcare field does not automatically qualify a case.
Specialty Occupation Requirements and Supporting Evidence
For H-1B classification, the offered position must meet the applicable specialty occupation criteria, and the beneficiary must qualify to perform that work. The petition should show how the duties relate directly to a particular specialized field of study, as well as the worker’s relevant education, credentials, or permissible equivalent experience. USCIS reviews the actual position and supporting records rather than relying solely on the job title.
Evidence may include a detailed job description, employer support letter, degree records and transcripts, credential evaluations where necessary, proof of professional licensure if required, and documents explaining the employer’s business operations and the proposed assignment. The evidence needed varies by occupation and work arrangement.
Labor Condition Application (LCA) and Wage Compliance
Before filing most H-1B petitions, the employer obtains a certified Labor Condition Application from the U.S. Department of Labor. The employer must satisfy applicable wage, notice, and working-condition requirements. In general, the required wage is the higher of the employer’s actual wage for comparable workers or the prevailing wage for the occupation in the area of employment. Worksite changes may create additional obligations, so employers should review compliance before moving an employee to a new location.
H-1B Transfers, Extensions, and Changes in Employment
An H-1B transfer is generally a new petition filed by a prospective employer, not a transfer of an existing approval. Some workers may qualify for H-1B portability and can begin employment after a qualifying nonfrivolous petition is properly filed, subject to legal requirements. Employers and workers should confirm status, filing timing, and any travel plans before relying on portability.
H-1B approvals are typically granted in periods of up to three years, with a general six-year maximum in many cases. Extensions beyond six years may be available under certain employment-based immigration provisions, including qualifying PERM or immigrant-petition circumstances. Promotions, material job-duty changes, and worksite moves can also require an amended petition or additional compliance review.
Requests for Evidence (RFEs) and Petition Challenges
USCIS may issue an RFE when it needs additional information about the job, beneficiary qualifications, employer relationship, work location, maintenance of status, or another eligibility issue. A useful response addresses the specific concerns in the notice and supplies records that support the stated facts. RFEs are not automatic denials, but an incomplete or late response may affect the outcome.
H-1B Visas for Employees and Their Families
An approved petition does not always mean that an applicant abroad can immediately enter the United States. Depending on individual circumstances, consular visa issuance, admissibility, and travel documentation may still be relevant. Eligible spouses and unmarried children under 21 may apply for H-4 dependent status; employment authorization for an H-4 spouse is available only in qualifying circumstances.
Related Immigration Services and Resources
Employers considering other work-authorized classifications can review our L-1 visa services for qualifying intracompany transfers. Families can explore H-4 dependent visas. For longer-term employer sponsorship, see PERM labor certification and our EB-2 immigration overview. You can also explore the firm’s immigration articles for further background. Eligibility and regulatory requirements must always be checked against current official guidance.
Official references: USCIS H-1B Specialty Occupations and U.S. Department of Labor H-1B guidance.
H-1B Visa Frequently Asked Questions
Does every H-1B petition require cap registration?
No. Many new cap-subject petitions involve an electronic registration and selection process, but certain qualifying employers and cases may be cap-exempt. Whether registration is required depends on the employer, beneficiary, and petition type.
What makes a job a specialty occupation?
The position must satisfy the applicable specialty occupation rules, generally involving the direct relationship between a required specialized degree or equivalent and the duties of the specific position. The job title alone does not establish eligibility.
Can I change employers while in H-1B status?
An eligible H-1B worker may be able to begin working for a new employer after that employer properly files a nonfrivolous H-1B petition, subject to portability requirements. The timing and individual immigration history should be reviewed before changing jobs.
Can an employer extend an H-1B petition?
Yes. Employers may request extensions when the worker and position remain eligible. H-1B status is commonly subject to a six-year general limit, with additional time possible under specific rules and circumstances.
What happens if USCIS issues a Request for Evidence?
A Request for Evidence (RFE) asks for additional documentation before USCIS makes its decision. The response should address each issue raised, meet the stated deadline, and include supporting evidence specific to the petition.
Do H-1B workers have to be paid a required wage?
Yes. Employers generally must meet H-1B Labor Condition Application requirements, including paying at least the higher of the actual wage or the applicable prevailing wage and meeting other labor-condition obligations.
Can my spouse and children accompany me?
Eligible spouses and unmarried children under 21 may seek H-4 dependent status. Certain H-4 spouses may qualify for employment authorization, but that benefit is not automatic.
This page provides general information, not legal advice. Immigration laws, fees, selection rules, and processing procedures can change. An attorney should review the applicable requirements for each case.
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