Practice areas
H-1B: the specialty occupation visa, from registration to transfer
Cap registrations, cap-exempt filings, extensions and employer transfers.
Consultations by phone, Zoom or WhatsApp, in English, Spanish or Portuguese.
Short answer
The H-1B is for jobs that require at least a bachelor's degree in a specific field. Most employers must register in the March lottery for an October start, but universities, non-profits affiliated with them and research organisations are cap-exempt and can file any time. Transfers between employers do not need the lottery and let you start work as soon as the transfer is receipted.
Move from a job offer to H-1B status without a lottery mistake.
Overview
Work with our H-1B visa attorney to apply for temporary employment in a specialty occupation and avoid delays that could impact your future.
Why work with our attorney for an H-1B visa?
The H-1B visa allows U.S. employers to hire foreign professionals for jobs that require specialized knowledge. It's one of the most competitive and time-sensitive visas available, and small mistakes can lead to significant setbacks. At 360 Immigration Law Group, we help both employers and employees across Coral Springs, South Florida, and the entire United States prepare accurate, timely H-1B filings.
- What You Gain & How We Help
We explain what qualifies as a "specialty occupation" and help confirm that the role and credentials align..
- Support With Every Filing
Whether you're applying for the first time, changing employers, or renewing, we help you prepare a complete petition.
- Experience With Cap-Subject & Cap-Exempt Cases
We work with startups, hospitals, and universities to file cap-subject and exempt H-1Bs.
Who can apply for an H-1B visa?
To qualify for an H-1B visa, both the job and the employee need to meet specific standards:
- The Job Must Be a "Specialty Occupation"
This means it normally requires at least a bachelor's degree or equivalent. Common H-1B roles include:
- Software developers
- Financial analysts
- Engineers
- Architects
- Physicians and medical researchers
- Marketing or business specialists
The job must be related to the applicant's field of study.
The foreign worker needs to show:
- A U.S. bachelor's degree or higher (or foreign equivalent)
- A valid job offer from a U.S. employer
- Proof that their degree matches the job
Not sure if your job or background qualifies for an H-1B visa?
We'll help you find out before you apply.
To file for an H-1B visa, employers must meet several requirements, including:
Labor Condition Application (LCA) Filed with the Department of Labor, this confirms the wage and working conditions.
Job Offer The employer must offer a specialty occupation role and agree to comply with H-1B rules.
Proof of Education and Qualifications The worker must provide degree evaluations, transcripts, and professional credentials.
Filing During the Right Timeframe Most H-1B applications fall under a lottery system and must be filed during a set window each year.
Cap-exempt employers, such as universities or nonprofit research organizations, can file year-round.
Need help preparing for the H-1B lottery or confirming your LCA is accurate?
We're here to help you stay on track from day one.
Here's how the H-1B visa process typically works:
1. Employer Files LCA The Labor Condition Application is submitted to the Department of Labor.
2. Prepare and File H-1B Petition Includes Form I-129, proof of credentials, and the job offer.
3. Lottery Selection (If Cap-Subject) If chosen, the petition moves forward. If not, the case cannot continue that year.
4. USCIS Decision USCIS approves, denies, or requests more evidence (RFE).
5. Visa Issuance or Change of Status If approved, the worker receives an H-1B visa or adjusts status if already in the U.S.
Because H-1B cases are time-sensitive and subject to strict documentation rules, it's important to talk to us if:
You're an employer unfamiliar with H-1B timelines or filings.
You're applying from overseas or switching from another status.
You missed the cap in a previous year and want to reapply.
You're unsure if your degree or role meets the criteria.
We'll help you avoid delays and build a petition that meets the standard.
Ready to start your H-1B application?
Whether you're applying for your first H-1B or supporting a new employee, we're here to help you apply the right way, so you can focus on what comes next.
- Contact Our Coral Springs Office Today
How long can you stay in the U.S. on an H-1B visa?
Up to three years, with the possibility of extending to a maximum of six years.
How does the H-1B lottery work?
Each year, USCIS accepts a limited number of H-1B applications. If more are filed than the cap allows, they're randomly selected through a lottery system.
Can H-1B visa holders apply for a green card?
Yes. Many H-1B workers eventually apply for permanent residency through the EB-2 or EB-3 green card process. Some individuals also qualify to self-petition under EB-1 or EB-2 (National Interest Waiver), depending on their achievements and the nature of their work.
Who qualifies?
The job is a specialty occupation
It normally requires a bachelor's degree in a specific field, not just any degree.
You hold that degree or its equivalent
Foreign degrees can be evaluated; three years of experience can substitute for one year of study.
The employer will pay the prevailing wage
Set by the Department of Labor for the role and location.
There is a cap number, or the employer is cap-exempt
Universities and affiliated non-profits file year-round.
Schedule a case evaluation
Tell us your situation. We will tell you honestly whether you have a case.
Schedule Free Case EvaluationWe reply within 1 business day, in English, Spanish or Portuguese.
Do you qualify? A four-question check
Do you qualify? A four-question check
Four questions on the core requirements.
What does the process look like?
Registration or eligibility review
March, or any time if exempt
Cap cases register in March; cap-exempt cases skip straight to filing.
Labor condition application
7 business days
Certified by the Department of Labor before the petition can be filed.
File the I-129
1 to 3 weeks
With premium processing where speed matters.
Approval and start
15 days with premium processing
Cap cases start 1 October; transfers can start on receipt.
How long does it take?
With premium processing, an H-1B petition is decided in 15 business days. Regular processing is currently 2 to 6 months. Cap-subject cases must wait for the October start date regardless of when they are approved.
What does it cost?
Flat fee per petition; employer pays the statutory fees.
We quote a flat legal fee for registration, the petition and any extension. By law certain government fees must be paid by the employer, and we set that out clearly at the start.
Frequently asked questions
Yes. A transfer petition can be filed at any time and you can usually begin work when USCIS receipts it.
Contact
Tell us about your case
Send us the basics and we'll reply within one business day in English, Spanish or Portuguese.
- We reply within one business day, in English, Spanish or Portuguese.
- Consultations by phone, Zoom or WhatsApp.
- Attorney input is part of our case evaluation process from the start. The information you share is carefully reviewed with an attorney.
Take the Next Step Today
Whether you need help with a visa, a green card, or deportation defense, we're ready to help.
Reach out to our trusted immigration law attorneys in Coral Springs and South Florida.