H-1B SPECIALTY OCCUPATION VISA
H-1B Visa Lawyers: Specialty Occupations
The visa that opens the door, if the case is built to survive scrutiny.
As H-1B lawyers serving Florida and beyond, we prepare specialty-occupation petitions for professionals and the employers who sponsor them, through the annual cap, the electronic registration and lottery, the Labor Condition Application, and the Requests for Evidence that increasingly come with the territory. We build H-1B cases to hold up.
ELIGIBILITY
What is an H-1B specialty occupation?
The H-1B is reserved for a specialty occupation: a job that normally requires the theoretical and practical application of a body of specialized knowledge, and at least a bachelor's degree (or its equivalent) in a specific field as a minimum for entry. Engineers, software developers, accountants, architects, physicians, financial analysts, and many other professionals qualify when the role genuinely demands the degree and the worker genuinely holds it.
The worker's side of the test is the degree, or its equivalent. Where someone lacks the exact degree, the equivalent can sometimes be shown through a combination of education and progressive work experience, often evaluated under the common rule of three years of specialized experience for each year of missing university study. As an h-1b specialty occupation matter, both halves have to line up: the job requires the field-specific degree, and the person meets that requirement.
THE H-1B CAP
The H-1B cap, registration, and lottery
Congress limits how many new H-1B visas are available each fiscal year, and demand routinely exceeds supply. When it does, USCIS runs an electronic registration process and a random selection (the "lottery") to decide which employers may file a full petition. An employer registers each candidate during a set window; if a registration is selected, the employer then files the complete H-1B petition within its filing period.
The cap has two pieces: a general allotment and an additional allotment reserved for workers with a US master's degree or higher, which effectively gives advanced-degree holders two chances at selection. Because the whole system runs on a strict annual calendar, timing is not a detail. It is the strategy. We track the registration window, prepare the underlying case in advance, and make sure a selection is never wasted on a petition that wasn't ready.
There is an annual limit on new cap-subject H-1B visas per fiscal year
Employers submit electronic registrations during a defined window
If registrations exceed the cap, USCIS randomly selects
Advanced-degree (US master's or higher) holders get a second selection chance
Selected registrations may then file the full petition within the filing period
AN IMPORTANT EXCEPTION
Cap-exempt employers
Not every H-1B is subject to the lottery. Certain employers are cap-exempt, meaning they can file H-1B petitions at any time of year without competing for a cap number. These generally include institutions of higher education and their affiliated or related nonprofit entities, nonprofit research organizations, and governmental research organizations. If you have an offer from one of these employers, or you are moving between a cap-exempt and a cap-subject role, the strategy changes completely. We identify cap-exempt options early, because they can turn a "wait for next year's lottery" problem into a case you can file now.
HOW LONG IT LASTS
Three years, extendable to six
An H-1B is generally granted for up to three years and can be extended to a total of six years of H-1B time. After that, the visa is meant to end, unless the worker has moved toward permanent residency. Long-standing law allows H-1B extensions beyond the six-year limit in specific circumstances tied to a pending green-card process, which is one more reason we plan the permanent-residency step long before the H-1B clock runs out. Changing employers, being promoted, or moving worksites can each require a new or amended filing, and we handle those transitions so status never lapses.
THE EMPLOYER'S SIDE
The LCA and prevailing wage
Before an H-1B petition ever reaches USCIS, the sponsoring employer must file a Labor Condition Application with the Department of Labor. In it, the employer promises to pay the worker at least the required wage (the higher of the prevailing wage for the role and location or the actual wage paid to similar employees) and to meet a set of workplace and notice obligations. These commitments are enforceable, and mistakes here can undo an otherwise strong case. We prepare the LCA, secure the prevailing wage determination where needed, and keep the employer's public-access file audit-ready.
File the Labor Condition Application before the petition
Pay at least the required (prevailing or actual) wage
Maintain a public-access file with the required documentation
Provide required notice of the filing
Notify the government of qualifying changes to the employment
WHEN USCIS PUSHES BACK
Requests for Evidence (RFEs)
An RFE is USCIS asking for more before it decides, often on whether the role truly qualifies as a specialty occupation, whether the worker's degree matches the field, or whether the employer-employee relationship is what the petition claims. An RFE is not a denial, but it is a warning that the case needs a stronger record. We respond to RFEs with focused evidence and legal argument, and, better still, we try to build the initial petition so the RFE never comes. If a case has already been denied, we can assess whether to refile, appeal, or change strategy.
THE LONGER ARC
From H-1B to permanent residency.
The H-1B is one of the most common on-ramps to an employment-based green card, in part because it tolerates immigrant intent: you can pursue permanent residency while holding H-1B status without jeopardizing it. Most employment green cards run through PERM labor certification and an EB-2 or EB-3 petition, though some professionals qualify for the EB-2 national interest waiver or EB-1. Starting the green-card process early also matters for the H-1B itself, because it is what can extend status beyond the sixth year. We plan the two tracks together.
WHY DELGADO PURDY LAW
H-1B counsel that plans past the first approval.
You work directly with one of our immigration attorneys, in the language you prefer, at offices in Boynton Beach, Lake Worth, and Atlanta. We prepare H-1B cases for employees and employers with an eye on the cap calendar, the compliance file, and the green-card step that so often follows, so the first filing supports the whole plan.
COMMON QUESTIONS
H-1B questions we hear most often.
Yes. The H-1B is employer-sponsored, so you need a US employer willing to petition for you in a qualifying specialty occupation. You cannot self-petition for an H-1B the way you can for some other categories. If you do not yet have a sponsoring employer, we can talk through your options, including categories that give you more independence.
The role must normally require at least a bachelor's degree (or the equivalent) in a specific field, and you must hold that degree or its equivalent. Where you do not hold the exact US degree, equivalency can sometimes be established through a combination of education and specialized work experience, evaluated under long-standing USCIS practice. We assess your credentials against the specific job at the consultation.
There is an annual limit on new cap-subject H-1B visas. When registrations exceed that limit, USCIS runs a random selection (the lottery) and only selected registrations may file a full petition. Advanced-degree holders (US master's or higher) get an extra selection chance. Because it all runs on a fixed calendar, preparing early is the single most important thing you can do.
USCIS sets an electronic registration window each year, followed by a filing period for selected registrations. The exact dates are announced by USCIS and shift year to year, so we track them for every client rather than relying on last year's calendar.
Sometimes. Cap-exempt employers (such as institutions of higher education and their affiliated nonprofits, nonprofit research organizations, and governmental research organizations) can file H-1B petitions year-round without a cap number. If you have or can find an offer from a cap-exempt employer, you may not need the lottery at all. We look for these options early.
An H-1B is generally granted for up to three years and can be extended to six years total. In certain circumstances tied to a pending green-card process, the law allows extensions beyond six years. Because the clock is real, we usually recommend starting the permanent-residency conversation well before you approach the limit.
Yes. H-1B portability generally lets you begin working for a new sponsoring employer once that employer files a proper H-1B petition on your behalf, subject to the rules. Job changes, promotions, and worksite moves can each require a new or amended filing, and getting the timing right protects your status. We handle these transfers so there is no gap.
The total depends on government filing fees (set by USCIS and the Department of Labor, and periodically updated) and attorney fees scoped to the work. Some fees are the employer's legal responsibility. We give you a real, itemized picture at the consultation rather than a ballpark. A 30-minute consultation is $100 by phone or video, or $250 in person, credited to your case if you retain us.
Yes. The H-1B is one of the most common paths to an employment-based green card, and because it tolerates immigrant intent, you can pursue permanent residency while holding it. Most cases run through PERM and an EB-2 or EB-3 petition; some professionals qualify for the national interest waiver or EB-1. Starting early can also help extend your H-1B past the six-year mark.
READY WHEN YOU ARE
Plan your H-1B before the calendar plans it for you.
Schedule a consultation with one of our attorneys. We will look at your role, your credentials, and the cap calendar, and give you a real strategy, for this filing and the green card that may follow.