H-1B Visa Lawyer

H-1B Basics

The H-1B visa allows U.S. employers to sponsor foreign professionals for positions that qualify as specialty occupations — roles that generally require theoretical and practical application of specialized knowledge along with at least a bachelor's degree, or its equivalent, in a specific field directly related to the position.

Employers

Employers considering H-1B sponsorship need to evaluate whether the position and the candidate's qualifications meet the specialty occupation standard, prepare a Labor Condition Application attesting to wage and working condition requirements, and file a complete petition supported by appropriate documentation.

Employees

For individual professionals, H-1B status depends on both the nature of the position offered and their own credentials, including their degree, credential evaluations for foreign degrees where applicable, and relevant work experience. Understanding how these pieces fit together is central to building a strong petition.

Startup Teams

Startups sponsoring H-1B employees face additional considerations, including demonstrating a legitimate employer-employee relationship, especially where the sponsoring company is small or founder-led, and ensuring the company's corporate and financial documentation supports the petition.

Specialty Occupation

Whether a position qualifies as a specialty occupation is one of the most heavily scrutinized issues in H-1B adjudications. USCIS examines the actual duties of the position, industry norms, and the employer's own hiring practices to determine whether the degree requirement is genuinely necessary for the role.

Cap Season

Most H-1B positions are subject to an annual numerical cap, and employers seeking to sponsor a new cap-subject worker must participate in the electronic registration process during the designated registration period. When registrations exceed the available slots, selection is conducted by random lottery, and only selected registrants may proceed to file a full petition.

Transfers

An H-1B worker is not permanently tied to their sponsoring employer. A new employer can file a transfer petition, and under current portability provisions, the worker may in many cases begin employment with the new employer once the transfer petition is properly filed, subject to specific eligibility requirements.

Amendments

Material changes in the terms of H-1B employment — such as a change in job duties, worksite location, or other conditions covered by the original petition — generally require an amended petition to keep the sponsorship accurate and compliant with the terms previously approved.

RFEs

Requests for Evidence are common in H-1B adjudications, often focused on specialty occupation qualification, the employer-employee relationship, or the beneficiary's credentials. A carefully organized response addressing each point raised in the RFE is critical to preserving the petition.

Compliance

H-1B sponsorship carries ongoing compliance obligations, including maintaining a public access file, complying with the wage attestations in the Labor Condition Application, and promptly addressing any material changes in the employment relationship. Employers who overlook these obligations can face compliance issues that affect both current and future sponsorship.

Alternatives

When H-1B status is not available — whether due to the annual cap, timing, or eligibility issues — other categories such as O-1 extraordinary ability status or E-2 treaty investor status may be worth exploring, depending on the individual's background and circumstances.

Working With Anthony Girand, Esq.

Anthony Girand, Esq. is a JD/MBA and Maryland attorney whose practice includes immigration, tax controversy, federal litigation, startup law, and regulatory compliance. He brings a business-minded legal perspective to matters involving federal agencies, founders, professionals, companies, and individuals facing consequential legal decisions.

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