H-1B Specialty Occupation Visa Attorney
Work visa for specialty occupation professionals requiring bachelor's degree or higher
Serving Grand Rapids, MI | Charlotte, NC | Nationwide
What is H-1B Specialty Occupation Visa?
Work visa for specialty occupation professionals requiring bachelor's degree or higher
Who Qualifies?
You have a job offer from a U.S. employer for a specialty occupation
The position requires a bachelor's degree or higher in a specific field
You possess the required degree or equivalent work experience
The employer will pay the prevailing wage for the position
The Process
Labor Condition Application (LCA)
Employer files LCA with Department of Labor certifying wage and working conditions.
File H-1B Petition
Employer files Form I-129 petition with USCIS (subject to annual cap for new H-1Bs).
USCIS Adjudication
USCIS reviews petition and may issue Request for Evidence (RFE) or approve.
Visa Stamp (if abroad)
If outside U.S., attend consular interview to receive H-1B visa stamp.
Enter U.S. and Begin Work
Enter U.S. in H-1B status and begin employment with sponsoring employer.
Required Documents
Form I-129 (Petition for Nonimmigrant Worker)
Labor Condition Application (LCA) certified by DOL
Job offer letter detailing position and salary
Educational credentials and degree evaluations
Resume/CV showing qualifications
Company support letter
Evidence of employer's ability to pay
Passport and photos
Processing Time
3-6 months regular processing, 15 days with premium processing
Processing times are estimates based on current USCIS data and are subject to change. Actual times depend on individual circumstances and agency workload.
Common Challenges
Annual H-1B cap lottery for new petitions (limited to 85,000 per year)
RFEs are common - requiring detailed evidence of specialty occupation
Employer dependency and limited job portability
Must maintain legal status if changing from another visa type
How We Help
At Elizabeth Rosario Law, we have extensive experience navigating these challenges. We provide comprehensive guidance, meticulous preparation, and vigorous representation to build a strong foundation for your case.
Frequently Asked Questions
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Employment Authorization Document (EAD)
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