H-1B Visa Lawyer

H-1B Visa Lawyer: Your Guide to U.S. Work Authorization

Many skilled workers consider the H-1B visa a key avenue for establishing their careers and lives in the United States. Whether you’re a software engineer in India, a healthcare professional in Canada, or a U.S. company trying to sponsor global talent, the process can be confusing, competitive, and high-stakes. One missed detail or missed deadline can lead to a denial that delays your goals.

At The Law Office of Diaz & Nunez Elorza, we help both foreign nationals and U.S. employers successfully navigate the H-1B process—from initial registration to final approval. With deep immigration law experience and a commitment to clear, personalized guidance, our H-1B visa lawyers provide the legal services necessary to make sure your visa strategy is strong, timely, and aligned with your long-term goals.

Rely on our experienced legal professionals to guide you through the H-1B visa process. Schedule a consultation.

What Is the H-1B Visa?

Foreign professionals seeking temporary employment in ‘specialty occupations’—positions usually demanding a minimum of a bachelor’s degree in a specific area—can utilize the H-1B visa. This visa allows employers to hire qualified foreign workers in various sectors. Common industries include technology, healthcare, finance, architecture, and engineering. Eligible foreign workers are permitted to live and work in the U.S. with this non-immigrant visa for an initial temporary period of up to three years, with the possibility of extending to six years.

Securing a job offer from a U.S. employer is the initial step for those wishing to apply. employer willing to sponsor them. That employer must file a petition on the applicant’s behalf, showing that the role qualifies as a specialty occupation and that the candidate meets the educational and experience requirements.

The U.S. Citizenship and Immigration Services (USCIS) oversees the application process, which includes reviewing the employer’s petition, verifying eligibility, and managing the annual visa lottery system when demand exceeds the yearly cap.

Who Is Eligible for an H-1B Visa?

To qualify for an H-1B visa, applicants must meet several specific USCIS requirements. These criteria ensure that only qualified professionals in specialty fields with legitimate US employer job offers are approved. Here’s a breakdown of what’s required:

Job Offer in a Specialty Occupation

• The job must require specialized knowledge in fields like IT, engineering, finance, healthcare, or education.
• A bachelor’s degree or higher is usually a requirement for the position.
• The employer must provide evidence that the job aligns with the definition of a “specialty occupation”.

Degree or Equivalent Experience Necessary

• The applicant must have a U.S bachelor’s degree, or a comparable degree from another country, in an applicable area of study
• In some cases, work experience can substitute for formal education (based on USCIS equivalency standards).
• Credential evaluations may be required for foreign degrees.

Employer Sponsorship from a U.S. Company

• A U.S.-based employer must file the H-1B petition on behalf of the applicant.
• The employer has the responsibility to prove both the position’s eligibility and their ability to meet the prevailing wage requirements.
• Independent or self-sponsorship is not allowed under this category.

Proper Licensure or Credentials (If Applicable)

• If the job requires state or professional licensing (e.g., doctors, lawyers, engineers), the applicant must hold it.
• Some occupations may accept temporary or conditional licensure.
• Documentation must be included in the petition.

A Detailed Look at the H-1B Visa Process: Step-by-Step

Applying for an H-1B visa involves a multi-stage legal process, including considerations of visa status, with both the employer and foreign worker playing key roles. Timelines can vary based on the cap season, type of processing, and USCIS backlogs, potentially affecting the amount of time needed to complete each stage.

Let’s walk through the entire process.

• Employer Needs LCA from DOL Before Proceeding – The U.S. employer must first file a Labor Condition Application (LCA) with the Department of Labor. The LCA certifies that the job meets wage and working condition requirements, ensuring that foreign workers with similar experience won’t negatively affect U.S. labor standards, and employers can refer to resources like the Foreign Labor Certification Data Center for additional guidelines.
• File Form I-129 with USCIS – Once the LCA is certified and the approval of the Labor Condition Application is obtained, the employer files Form I-129, Petition for a Nonimmigrant Worker, along with the location of employment details as part of the supporting documentation. Supporting documentation must prove the job qualifies as a specialty occupation. Filing fees and optional premium processing may be included at this stage.
• H-1B Cap Lottery Process – New H-1B applications typically fall under an annual cap (65,000 regular, 20,000 for U.S. master’s degrees). If demand exceeds supply, USCIS holds a lottery to select petitions. However, certain employers, including universities and non-profits, are cap-exempt.
• Successful applicants located outside the U.S. must attend a visa interview at a United States consular office or consulate as part of consular processing. Applicants already in the U.S. may request a change or extension of status instead. Required documentation includes an approval notice, passport, and LCA copy.
• Start Employment Upon Approval – Once USCIS approval is granted and status is active, the H-1B worker may begin employment. Start dates typically begin on October 1 of the fiscal year, unless cap-exempt. Employers are required to not only meet initial requirements but also to comply with ongoing reporting and maintain compliance after the visa is approved.

Cap vs. Cap-Exempt H-1B Visas

Understanding the nuances of H-1B visa applications is crucial for individuals seeking employment in the United States.

The H-1B visa program has specific regulations that applicants must navigate to secure their work authorization. The majority of H-1B petitions are subject to an annual cap and lottery system, with a limit of 65,000 visas available each year, along with an additional 20,000 reserved for individuals holding advanced degrees, such as U.S. master’s degree holders, including those working for non-profit research organizations. These petitions must be submitted within a designated timeframe and are selected through a random lottery process.

On the other hand, certain H-1B petitions are considered cap-exempt and do not face the same numerical limitations. These exemptions typically apply to institutions such as universities, nonprofit research organizations, or government entities. The year-round filing availability of cap-exempt petitions provides significant flexibility for both employers and prospective employees.

Identifying whether your case qualifies for cap-exempt status is essential, as it can determine the speed and ease of your transition into the American workforce and enhance American competitiveness. By understanding the distinctions between cap-subject and cap-exempt petitions, individuals can better navigate the H-1B visa process and potentially avoid delays in their career aspirations.

H-1B Visa Timeline and Deadlines

Securing an H-1B visa involves adhering to a strict timeline to ensure a successful application process. Missing important deadlines could result in setbacks that might delay your plans by an entire year.

Understanding the various stages of the H-1B timeline is crucial for a smooth application journey:

• March: Lottery Registration Opens – During March, employers are required to submit registrations for potential H-1B candidates as part of the registration process within the designated timeframe set by the United States Citizenship and Immigration Services (USCIS). The H-1B visa application process typically begins during this period…..
• April: Filing Window Begins – If an applicant’s registration is selected in the lottery, employers can proceed with filing complete H-1B petitions starting in April. This step involves submitting all necessary forms and supporting documentation to support the candidate’s visa application.
• October 1: Commencement of New Fiscal Year Employment – Approved H-1B visa holders can officially begin their employment in the United States no earlier than October 1st, which signifies the commencement of the federal fiscal year. This date serves as a significant milestone for those who have successfully obtained their visas.
• Duration: Initial 3 Years, Extendable to 6 – Typically, H-1B visas are initially granted for a period of three years. However, under standard regulations, there is an option to extend this duration up to a maximum total stay of six years during that period of time. This extension allows visa holders to continue working in the U.S., provided they meet all necessary requirements and conditions.

Applicants and employers alike must stay informed about these key dates and milestones throughout the H-1B visa application process, including forms such as the Form ETA, as outlined by the Department of State. This is crucial for submitting applications on time and complying with legal guidelines. By diligently adhering to these timelines, individuals can maximize their chances of securing an H-1B visa and embarking on their professional endeavors in the United States.

Common H-1B Visa Issues We Help With

Even qualified professionals can run into legal roadblocks during the H-1B process. Whether you’re facing delays, denials, or employer-related concerns, our team at The Law Office of Diaz & Nunez Elorza helps you resolve complex issues confidently and clearly.

Denials or RFEs (Requests for Evidence)

We guide clients through detailed RFE responses and help strengthen reapplications after denials. From missing documentation to job classification challenges, we know how to address USCIS concerns and keep your case on track.

Employer Compliance Issues

We help U.S. employers comply with Department of Labor (DOL) regulations, including wage obligations, public access files, and proper job postings. With proactive legal oversight, we avoid penalties and delays.

Changing Employers (Portability)

Switching jobs under an H-1B? We assist with “portability” petitions, ensuring your new employer can file a timely transfer while you continue working legally during the transition.

Maintaining H-1B Status

Avoiding gaps in status is critical. We help you stay compliant with visa rules, address travel or extension timing, and prevent common status violations that could affect future immigration benefits.

What Our H-1B Visa Lawyers Can Do for You?

The H-1B visa is recognized as a work visa category that faces intense competition and thorough examination. A single mistake or missed deadline can derail your application. With limited slots, a complex lottery system, and strict documentation standards, working with an experienced H-1B visa attorney can help you understand the legal fees involved and make all the difference between approval and rejection.

• Accurate Filing & Strategy – Our H-1B visa lawyer ensures every form, credential, and support document is complete and strategically aligned with USCIS expectations. We minimize errors and maximize your petition’s chances of success, providing an excellent experience throughout the process.
• Cap Lottery Guidance – From registration timing to understanding odds and alternatives, we guide clients through every phase of the H-1B cap lottery—helping you plan smartly and act fast if selected.
• Help with RFEs or Denials – Received an RFE or a denial? We craft compelling responses, identify issues, and reframe your petition to address USCIS concerns while preserving your immigration options.
• Employer Support & Compliance – We help companies meet Department of Labor and USCIS obligations, from wage compliance to LCA filings, ensuring lawful sponsorship practices and avoiding audits or penalties.
• Green Card Transition Planning – Looking long term? We help H-1B professionals transition to permanent residency with strategic timing and documentation that aligns your visa path with your future goals.

Industries We Commonly Serve for H-1B Sponsorship

While the H-1B visa is often associated with Silicon Valley and tech jobs, it actually supports a diverse range of specialized fields across the U.S. economy. At The Law Office of Diaz & Nunez Elorza, we’ve successfully helped professionals in industries from healthcare to higher education navigate the visa process. Whether you’re a multinational company, a nonprofit institution, or a lean startup, we tailor our legal strategy to your sector’s unique immigration needs.

Information Technology & Software Development

From systems analysts to full-stack developers and cybersecurity experts, we help IT professionals secure H-1B sponsorship and navigate cap deadlines. We also assist employers in proving the complexity and necessity of the job role to meet USCIS’s “specialty occupation” standard.

Engineering & Architecture

We represent engineers across mechanical, electrical, civil, and aerospace disciplines and licensed architects involved in infrastructure and design projects. Our team ensures the position clearly aligns with the applicant’s degree and that any required licensure is in place.

Healthcare & Medical Fields

Hospitals, clinics, and healthcare staffing agencies rely on us to support H-1B filings for physicians, nurses, physical therapists, pharmacists, and public health analysts. We also help navigate licensing and J-1 waiver issues and ensure compliance with Department of Labor wage regulations.

Financial Services & Business Consulting

Analysts, accountants, economists, and business consultants may qualify for H-1B visas under roles that require a deep understanding of finance, market trends, or data modeling. We work with both major firms and boutique consultancies to meet job-specific eligibility.

Higher Education, Nonprofits & Research

We assist universities, think tanks, and nonprofit research institutions with cap-exempt H-1B petitions, which are invaluable advantages when hiring foreign faculty or researchers. We help document the institution’s eligibility for exemption and ensure filings comply with DOL and USCIS expectations.

Startups, Entrepreneurs & Early-Stage Companies

For tech startups and small businesses seeking to hire global talent, we offer comprehensive guidance on structuring roles, establishing employer-employee relationships, and providing proof of ability to pay. We also help prepare for possible audits or requests for evidence.

Legal, Marketing & Creative Industries

From legal researchers and compliance analysts to digital marketers and graphic designers, many roles in the legal, media, and creative fields may qualify under H-1B, especially with strong portfolios and degree alignment. We help craft compelling petitions for non-technical professions.

Why Choose The Law Office of Diaz & Nunez Elorza

When applying for an H-1B visa, the smallest oversight can lead to costly delays or even denials. At The Law Office of Diaz & Nunez Elorza, a leading law firm, we understand that your career, your future in the U.S., and sometimes your family’s stability are on the line.

That’s why we offer more than just legal representation—we offer trusted advocacy, proactive strategy, legal advice, and clear guidance tailored to your unique circumstances. Whether you’re an employer sponsoring skilled workers or a professional seeking stability and growth, we’re here to make the H-1B process smoother, smarter, and more successful.

• Trusted in Florida and Across the U.S. for H-1B Visa Representation – We’ve successfully represented professionals and employers nationwide in a wide range of H-1B filings—from initial applications to complicated RFEs and cap-exempt cases.
• Customized Legal Strategies for Your Industry and Immigration Path – Our firm takes a strategic, detail-oriented approach. We don’t believe in cookie-cutter solutions—we craft legal pathways that align with your job, goals, and long-term immigration needs.
• Deep Experience Handling RFEs, Extensions, Transfers, and More – Whether you’re facing an RFE, planning to switch employers, or need to recapture time, we know the legal nuances that keep your case on track and compliant with USCIS regulations.
• Hands-On Employer Support and Workforce Planning – We offer businesses practical legal support that ensures they meet Department of Labor (DOL) requirements, comply with H-1B employer obligations to pay the actual wage, and avoid potential penalties.
• Proven Success Across Tech, Healthcare, Finance, and Academia – We’ve worked closely with clients in STEM fields, research institutions, universities, and more, offering insight into industry-specific visa challenges and how to overcome them.
• Clear, Responsive Communication from Start to Finish – You’ll always know where your case stands. We provide honest, timely updates and stay accessible to answer questions and adjust strategies as needed.

Get Expert H-1B Visa Advice: Book a Consultation

When it comes to the H-1B visa, timing and precision are everything. Early legal guidance can mean the difference between a smooth approval and a frustrating delay or denial. From understanding the cap and lottery deadlines to correctly filing supporting documents and providing additional information, having an experienced immigration attorney involved early ensures your application starts strong and stays on track.

Whether you’re an employer preparing to sponsor skilled talent or a professional planning your next career step in the U.S., a strategic consultation can clarify your options and avoid costly missteps. At The Law Office of Diaz & Nunez Elorza, we’re here to help you move forward with confidence. Call 305-831-3002 or message us online to get started.

FAQs – H-1B Visa Lawyer

What is the Duration of an H-1B Visa?

The H-1B visa is initially granted for three years and can be extended to six years. Additional time may be possible in certain situations, particularly if the employee has begun the labor certification application process for a green card.

Can Family Members Accompany H-1B Visa Holders?

Family members of H-1B visa holders can accompany them to the U.S. Spouses and children under 21 can obtain an H-4 dependent visa, allowing them to live in the country while the main visa holder works.

What to Do If Your H-1B Application is Rejected?

If your H-1B visa application is denied, you’ll receive a notice explaining the reason. You may pursue an appeal, file a motion for reconsideration, or reapply for the visa. Consulting an H-1B visa lawyer can help improve future applications.

How Can I Extend My H-1B Visa Beyond the Initial Approval?

Your employer must submit Form I-129 to USCIS before your visa expires. Extensions can be granted for up to three years, but the total duration cannot exceed six years. Ensure all documents are ready for the extension.

Do H-1B Visas Qualify for Premium Processing?

Yes, H-1B visas can be put in for premium processing for a premium processing fee. This gives employers results in just 15 days. It helps when you need to start work soon or meet deadlines.

What are my options for extending my H-1B status or changing jobs/immigration status while in the U.S.?

You can extend your H-1B for up to six years, recapture unused time, and change jobs with a new petition. The 240-day rule offers work authorization during extensions, and changing status is possible with eligibility.

Let Our H-1B Visa Lawyers Guide Your Path Forward

The H-1B process isn’t just about forms and deadlines—it’s about your career, your business, and your future in the U.S. With intense competition and strict USCIS scrutiny, having the right legal team can make all the difference.

At The Law Office of Diaz & Nunez Elorza, our H-1B visa lawyers are ready to help you succeed. Whether you need a first-time H-1B petition, a job change, or help overcoming a denial, we bring the knowledge, strategy, and personal attention your case deserves.