The H-1B visa is one of the most sought-after U.S. work visas for skilled professionals. It allows U.S. employers to hire foreign workers in specialty occupations that require specialized knowledge and at least a bachelor’s degree or equivalent.
Due to high demand and strict requirements, the H-1B process can be complex, competitive, and time-sensitive, requiring careful planning and precise documentation.
At AB Legal Consult, we guide employers and foreign workers through every stage of the H-1B process, from initial eligibility review and registration to petition preparation, RFE responses, and transfer or extension filings.
Whether you are applying for the first time or continuing your employment in the U.S., we provide clear direction and strategic support to help strengthen your case.
What Is the H-1B Visa?
The H-1B is a temporary (nonimmigrant) work visa for foreign professionals in specialty occupations. These roles typically require the application of highly specialized knowledge, such as in engineering, IT, finance, health, science, architecture, and similar fields.
The visa is initially granted for up to three years and can be extended for a total of six years, with additional extension options for those pursuing permanent residency.
Who Qualifies for the H-1B Visa?
To qualify, both the employer and the applicant must meet specific requirements.
Employer requirements include:
• A valid job offer in a specialty occupation
• The ability to pay the required wage
• Proper documentation showing business legitimacy
Applicant requirements include:
• A bachelor’s degree or higher in a related field
• Equivalent work experience if no degree is held
• Relevant professional credentials
• Eligibility for U.S. employment
Common fields for H-1B applicants include software development, engineering, data science, finance, healthcare, education, biotechnology, and research.
The H-1B Cap and Lottery System
Each year, USCIS accepts a limited number of H-1B petitions through a lottery-based selection process. There are two caps:
• Regular Cap: 65,000 visas
• Master’s Cap: 20,000 visas for advanced degree holders from U.S. institutions
The registration period typically opens once a year, requiring quick action and complete information. Applicants not selected in the lottery may consider alternatives such as O-1, L-1, TN, E-2, or EB-2 NIW.
H-1B Application Process
Here is an overview of the typical H-1B process:
Step 1: Initial evaluation
We determine whether the job and candidate meet H-1B criteria.
Step 2: Employer registration
The employer submits an online registration during the annual USCIS lottery window.
Step 3: Lottery selection
If the registration is selected, the employer may submit a full petition.
Step 4: Labor Condition Application (LCA)
The employer files an LCA with the Department of Labor to confirm wage and working condition compliance.
Step 5: Petition preparation
We prepare the Form I-129 petition and supporting evidence.
Step 6: Petition filing
USCIS reviews the case, and premium processing may be available.
Step 7: Visa stamping or change of status
If approved, the worker may obtain H-1B status inside the U.S. or receive a visa stamp abroad.
H-1B Transfers and Extensions
H-1B holders may change employers through an H-1B transfer, which does not require entering the lottery again. Transfers must be filed before starting work with the new employer.
Extensions are available up to six years, and in some cases, beyond six years when the applicant is advancing toward a green card through the PERM or I-140 process.
Common Issues in H-1B Cases
Some applicants experience complications such as:
• Insufficient job documentation
• Degree not matching the job description
• Wage-level challenges
• Requests for Evidence (RFEs)
• Denials related to specialty occupation criteria
Our firm prepares thorough petitions and provides proactive guidance to reduce the likelihood of delays or RFEs.
How AB Legal Consult Helps With H-1B Cases
We support both employers and employees by providing:
• Eligibility assessments for employers and beneficiaries
• LCA preparation and guidance
• Full petition drafting and document collection
• Support for RFEs and NOIDs
• H-1B transfers and extensions
• Change of status or consular processing assistance
• Strategic alternatives if the H-1B lottery is not selected
We aim to simplify the process and increase the strength of your petition through careful planning and high-quality legal presentation.
Start Your H-1B Process Today
Whether you are an employer seeking to hire a foreign professional or an applicant planning to work in the United States, you don’t have to navigate the system alone. We provide knowledgeable, hands-on support through every step of the H-1B process.
Contact us today to schedule a consultation with an H-1B visa lawyer and begin your application with confidence.