H-1B Visas: Helping Companies Employ Specialized Employees
The H-1B program allows companies in the United States to hire skilled foreign workers for specialty occupations. However, securing these visas requires a great deal of paperwork and legal knowledge. You need an immigration law team like the one at Fok Immigration Law to assist you.
Our immigration lawyers focus primarily on H-1B visas, offering experience with specialty occupation filings, lottery navigation, extensions and compliance requirements. In more than 25 collective years of practice, they have helped put thousands of H-1B visas in the hands of employees and employers. We offer a flat-fee structure, ensuring you can reach out to us without worrying about per-minute charges.
Please contact our immigration team for a free consultation about H-1B visas.
Why Hire Our Firm For H-1B Visas
Choosing the right firm matters when your business or career depends on H-1B filings and guidance from an experienced H-1B visa lawyer. You need a legal team that delivers clear guidance, direct access and consistent attention throughout the process.
Working with Fok Immigration Law means you can expect the following level of support:
- Draw on over 25 years of combined immigration law experience
- Work directly with attorneys who handle your case from start to finish
- Receive clear explanations of requirements, timelines and obligations
- Navigate H-1B filings through a structured and organized process
- Communicate with a responsive team that treats your matter with care
- Rely on flat-fee pricing to reduce uncertainty and improve planning
Clients often value clarity and accessibility as much as experience. A firm that operates as trusted counsel, rather than a distant service provider, helps you move forward with informed expectations and confidence.
Basic H-1B Visa Requirements
To qualify for an H-1B visa, the position and the worker must meet the following requirements:
- Involve specialized knowledge
- Require a bachelor’s degree or higher
- Match the degree field to the job
Common specialty occupations include IT roles, engineering positions, health care professionals, finance analysts and research specialists.
How The H-1B Visa Lottery System Works
The H-1B visa lottery system decides which employers may file cap-subject new H-1B petitions when too many registrations exist. The following explains how the lottery system works, when it happens and how you can prepare.
The H-1B Lottery Process
The H-1B lottery process follows the stages below:
Registering During The Annual Filing Window
USCIS opens an online registration period each year, usually in March. During this step, employers submit basic details about the job and the worker. You do not need to file Form I-129 yet. After the window closes, USCIS runs the H-1B lottery.
Understanding How The Lottery System Operates
USCIS uses a random process to choose which registrations move forward. The agency may also include registrations that qualify under the advanced degree exemption. When USCIS chooses a registration, the employer may file Form I-129 within the stated filing period.
Identifying Cap-Subject And Cap-Exempt Filings
Most private employers must use the lottery system for new H-1B filings. Some employers qualify for cap-exempt filings. These include colleges, certain nonprofit groups, research groups and government research bodies. If your role qualifies as cap-exempt, you may file without entering the lottery.
Preparing To Navigate The Lottery System
The lottery uses chance, but early planning and accurate registration help avoid preventable issues that could remove you from consideration. You limit delays by checking eligibility early, gathering records in advance and tracking USCIS dates. A California H-1B attorney can help you follow the process with focus rather than stress.
What Is The H-1B Process, And How Do You Apply?
For cap-subject cases, the H-1B process generally follows the steps below:
- Register during the annual H-1B cap window
- File Form I-129 after USCIS selects the registration
- Submit job and worker support documents
- Answer any USCIS Request for Evidence
- Track receipt notices, updates and next steps
We guide you through deadlines, filings and compliance so you can focus on your business or career.
Why Hire An Attorney For H-1B Visas
The H-1B process involves detailed rules, strict deadlines and ongoing compliance duties that often require guidance from an H-1B visa attorney. Small errors can affect filing eligibility, timing or future status. Legal guidance helps you understand requirements before issues arise and make informed decisions at each stage.
Working with an H-1B lawyer typically involves the following support:
- Assess eligibility for the role, employer and worker
- Guide participation in the H-1B lottery system
- Prepare accurate filings and supporting records
- Address compliance duties tied to wages and job terms
- Respond to USCIS requests and notices
- Assist with extensions, transfers and H-4 visas
With legal guidance, you gain clarity around obligations and options. An attorney helps you approach the H-1B process with structure, consistency and realistic expectations.
Immigration Attorneys Whose Experience You Can Trust
In such an important matter, you want to have attorneys on whom you can rely. Our H-1B visa lawyers are well-versed in H-1B visa processes. Their knowledge is backed by years of experience. They have handled thousands of H-1B visas. Hiring an attorney for your H-1B needs is important if you want your petition to go as quickly and smoothly as possible. When you need a team that can serve as your “in-house counsel,” we are here.
Demystifying Form I-129 For H-1B Applicants
Form I-129 is a key component of the H-1B visa application. It is the petition for a nonimmigrant worker, filed by their employer. This form is essential for obtaining approval from U.S. Citizenship and Immigration Services. Our attorneys can help ensure that this form is completed accurately and efficiently, reducing delays in your visa process.
Your H-1B Visa Questions, Answered
Find clarity and confidence as you navigate the H-1B visa process with our detailed answers to your most pressing questions.
How long does an H1B visa last?
Do I (as the employee) file or does my employer file?
What is a Labor Condition Application (LCA)?
The LCA also declares that employing the foreign worker will not adversely affect working conditions of similarly employed individuals in the U.S., and that there is no current strike or lockout in the same occupational classification at the workplace. The DOL must approve the LCA before anyone can file an H-1B petition. To make sure that you comply with all regulations related to the LCA, please consult an immigration law attorney.
Are there any penalties if the employer does comply with H-1B laws?
Who pays the fees for an H-1B visa?
The employer pays the fees associated with an H-1B visa.
Is there a cap for H-1B visas?
Are there any exceptions to the H-1B cap of 65,000?
What is H-1B premium processing?
Can the beneficiary of a visa petition seek premium processing service?
If my employer got an H-1B visa for me and I want to quit my job, can I still keep my visa?
Is the H-1B visa transferable?
Is It Possible To Extend The H-1B Visa Beyond The Six-Year Limit?
- The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows workers to extend their H-1B status past the six years if at least 365 days have elapsed (or will have elapsed) by the requested H-1B start date since either a PERM labor certification or an employment-based immigrant petition (typically an I-140, Immigrant Petition for Alien Workers) was filed on their behalf. The government may grant H-1B approvals up to one year at a time based on this provision until the PERM labor certification expires or the government makes a final decision to deny or revoke the PERM labor certification, deny or revoke the immigrant petition, or deny or approve the adjustment of status.
- AC21 also has another provision that allows H-1B workers who are beneficiaries of an approved I-140 petition and who are eligible to be granted permanent residence (but for application of the green card per-country limitations), to extend H-1B status beyond the six years. This provision especially benefits Indian and Chinese nationals who experience significant green card backlogs in the EB-2 and EB-3 preference categories. This provision is the primary means for them to extend their H-1B status well beyond six years while they wait for a green card. Those eligible under this provision may extend their H-1B status in increments of up to three years at a time for as long as the visa unavailability persists for their green card process.
- The 21st Century DOJ Appropriations Authorization Act permits H-1B workers who filed labor certifications prior to the end of their fifth year and who have had their labor certification pending for more than 365 days to extend H-1B status in one-year increments without regard to whether they filed an I-140 petition.
- USCIS can approve H-1B petitions for an initial period of up to three years and can grant extensions for up to an additional three years. Under certain circumstances, USCIS may extend an H-1B worker’s employment authorization beyond the six-year limit. For an H-1B worker to continue working beyond the expiration of their current H-1B status, the employer must request an extension of stay before their H-1B petition expires. If the employer timely files a Form I-129 to extend their status, the worker is authorized to continue working for up to 240 days while USCIS processes the petition, or until USCIS makes a decision on the petition, whichever comes first.
The conditions for these exceptions are immensely complicated. If you want to extend your visa or that of your employee, you will need the advice of an employment immigration attorney. Our attorneys can look at your situation and determine whether you qualify for any of the available exceptions.
Contact Fok Immigration Law With Your Additional Questions
Are you ready to get an H-1B visa? Please call us at 408-212-7014 or 650-546-7020 to schedule a free initial case evaluation with a H-1B visa lawyer in San Jose or San Mateo. You may also send us an email.