H-1B Visa Lawyer

For many businesses, the key to growth and success lies in recruiting and retaining top global talent. If you’re seeking to hire skilled foreign workers for specialty occupations, our experienced H-1B visa lawyers are here to help. We’ve helped countless businesses, from startups to publicly traded multinationals, successfully navigate the H-1B process and build a diverse, skilled workforce.

Our attorneys will work with you to understand your hiring needs, assess your candidate’s qualifications, and develop a tailored strategy that maximizes your chances of success in the H-1B lottery and beyond. From preparing and filing your petitions to advocating for your case with USCIS, we’ll be your trusted partners every step of the way.

What is an H-1B Visa?

The H-1B visa is a nonimmigrant visa category that allows U.S. employers to temporarily employ foreign workers in specialty occupations. A specialty occupation is one that requires the theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.

To qualify for an H-1B visa, the employee must:

1. Have a job offer from a U.S. employer for a position that qualifies as a specialty occupation
2. Possess at least a bachelor’s degree or its equivalent in the specific specialty related to the job
3. Be paid the prevailing wage for the occupation in the area of intended employment

Benefits of the H-1B Visa

The H-1B visa offers several key benefits for both employers and employees:

• Access to global talent: The H-1B visa allows U.S. employers to tap into a global pool of highly skilled workers, bringing in the specialized knowledge and expertise needed to drive innovation and growth.
• Dual intent: H-1B visa holders are allowed to have dual intent, meaning they can hold the intent to immigrate to the U.S. permanently while maintaining their nonimmigrant status.
• Pathway to permanent residency: The H-1B visa can serve as a stepping stone to permanent residency, with many H-1B visa holders eventually pursuing employment-based green cards.
• Three-year initial stay: H-1B visas are typically valid for an initial period of up to three years.
• Renewable: H-1B visas can be extended for an additional three years, for a total of six years—and in some cases even longer—allowing employers to retain key talent for an extended period.

The H-1B Lottery

Each year, there is a limit on how many H-1B visas can be issued. This limit is set by Congress and is known as the H-1B visa “cap.”

Currently, Congress allows for 65,000 H-1B visas to be granted each fiscal year to candidates with a bachelor’s degree or higher (known as the “regular cap”) and an additional 20,000 visas set aside each year for those with a master’s degree or higher from a U.S. institution (known as the “advanced degree exemption”). In practice, this means there are always many more H-1B registrations than there are H-1B visas available. USCIS manages this demand using a lottery system.

U.S. Citizenship and Immigration Services (USCIS) has implemented an electronic registration system to manage this process, whereby employers submit basic information about the petitioner and each foreign worker they wish to sponsor and pay a registration fee (which rises to $215 for Fiscal Year 2026). Employers can only submit one registration per worker each fiscal year.

This process usually takes place in March every year, with registrations open for a limited time. USCIS then conducts a random lottery to select the registrations that will be able to proceed to the next steps in the H-1B process.

H-1B Cap Exemptions

Not all employers are subject to the H-1B cap lottery. Cap-exempt employers include institutions of higher education, affiliated nonprofit entities, nonprofit research organizations, and government research organizations.

Cap-exempt employers can avoid the lottery process and file a petition at any time during the year, provided that the proposed start date for the employment is less than six months after the filing date.
In addition, foreign workers are also exempt from the cap if they have been counted towards the cap within the past six years of H-1B employment.

The H-1B Visa Application Process

The H-1B visa application process involves several key steps:

1. Determine eligibility: Our H-1B visa lawyers will assess your employee’s qualifications and the offered position to ensure they meet the H-1B visa requirements.
2. Register for the H-1B lottery: Unless it is cap-exempt, the employer must register the employee for the annual H-1B visa lottery, typically held in March. If selected, the employer can proceed with filing the H-1B petition.
3. File a Labor Condition Application (LCA): The employer must file an LCA with the Department of Labor, attesting to the payment of the prevailing wage and the maintenance of working conditions for the H-1B employee.
4. Prepare and submit the H-1B petition: Our attorneys will prepare and submit Form I-129, Petition for a Nonimmigrant Worker, along with required supporting documents, to the U.S. Citizenship and Immigration Services (USCIS). If the employee is in the United States, they may be eligible to change visa status to H-1B without leaving the U.S. and without additional processing steps.
5. Employee applies for the H-1B visa: If the employee is outside the U.S. (or in the U.S. but wants a visa stamped in their passport to travel abroad and return in H-1B status), they must apply for the H-1B visa at a U.S. embassy or consulate in their home country after USCIS approves the petition.
6. Enter the U.S. and begin employment: Upon visa approval, the employee can enter the United States and begin working for your organization. The earliest start date for the H-1B employee is October 1st of the year the H-1B registration and petition was filed.

Our seasoned H-1B visa lawyers will guide you through each step of the process, ensuring that your petition is well-documented, compliant, and persuasive.

How Our H-1B Visa Lawyers Can Help

At De Wit Immigration Law, we provide comprehensive H-1B visa services designed to help your organization navigate the complex H-1B visa process with confidence. Our services include:

• Strategic planning: We’ll work closely with you to develop a strategic H-1B visa plan that aligns with your organization’s short- and long-term talent needs.
• Eligibility assessment: Our attorneys will carefully evaluate your employee’s qualifications and the offered position to determine H-1B visa eligibility.
• Petition preparation and filing: We’ll prepare and file your H-1B visa petition, ensuring all requirements are met and that your petition is well-documented and persuasive.
• Case monitoring and updates: We’ll closely monitor your case, providing regular updates and promptly addressing any Requests for Evidence (RFEs) or other USCIS inquiries.
• Compliance guidance: We’ll help your organization maintain compliance with H-1B visa regulations, including wage requirements, posting notices, and recordkeeping obligations.

Why Choose De Wit Immigration Law

When you choose De Wit Immigration Law for your H-1B visa needs, you benefit from:

If you’re seeking to hire international talent through the H-1B visa program, don’t navigate the process alone. Contact De Wit Immigration Law today to schedule a consultation with one of our experienced H-1B visa lawyers. We’re here to help you build the skilled workforce you need to achieve your business goals.

Secure the Talent Your Business Needs with De Wit Immigration Law

If you’re ready to take your business to the next level by hiring skilled foreign workers, De Wit Immigration Law in Miami is here to help. With our extensive experience, proactive approach, and commitment to your success, you can trust us to guide you through the H-1B visa process with clarity and confidence.

Don’t let the complexities of the H-1B program stand between you and the talent your business needs to succeed. Contact us today to schedule a consultation with one of our skilled H-1B visa lawyers and take the first step towards building the diverse, skilled workforce you need to thrive.

Frequently Asked Questions