At Donald Gross Law Group, we assist foreign professionals in securing H-1B visas for specialty occupations with U.S. employers. From our headquarters in Washington, D.C. and international offices in Mexico City, Lisbon, and Bangkok, our experienced immigration attorneys provide strategic legal guidance for professionals with bachelor’s degrees or higher seeking temporary work authorization in engineering, technology, medicine, business, and other fields requiring specialized knowledge and skills.
Why Choose Donald Gross Law Group
- Licensed attorneys: practicing in Washington, D.C., France, and Colombia with advanced legal training from Cornell, University of Chicago Law School, GW University Law School, and the Sorbonne
- Over 30 years of combined experience: representing H-1B professionals and sponsoring employers before USCIS and the Department of Labor with extensive knowledge of specialty occupation requirements
- Government expertise: from prior service at the State Department and National Security Council, providing unique insight into temporary worker programs and policy implementation
- Media recognition: by CNN, MSNBC, Fox Business News, Voice of America, and The Wall Street Journal for authoritative immigration legal analysis
- H-1B specialization: comprehensive understanding of specialty occupation definitions, prevailing wage requirements, and lottery strategies across diverse professional fields
- Multilingual team: fluent in English, Spanish, and French, ensuring clear communication throughout the employer-sponsored process
- Global accessibility: offices in Washington, D.C., Mexico City, Lisbon, and Bangkok, supporting professionals and employers with international talent recruitment
Understanding H-1B Specialty Occupation Requirements
The H-1B visa serves foreign professionals working in specialty occupations that require theoretical and practical application of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty. This temporary nonimmigrant visa allows U.S. employers to fill positions requiring advanced skills while providing foreign professionals with pathways to gain American work experience and potentially pursue permanent residency.
H-1B status requires a qualifying employer-employee relationship, a legitimate specialty occupation, and compliance with Department of Labor wage and working condition requirements designed to protect both U.S. and foreign workers throughout the employment period.
Essential H-1B Eligibility Criteria
Success in H-1B applications requires meeting specific requirements related to education, position qualifications, and employer obligations that distinguish specialty occupations from general employment opportunities.
- Specialty Occupation Definition: The position must require a bachelor’s degree or higher in a specific specialty as a minimum entry requirement, with job duties that necessitate theoretical and practical application of specialized knowledge.
- Educational Qualifications: You must possess a U.S. bachelor’s degree or higher in the specialty field, a foreign equivalent degree, or sufficient work experience (generally three years of experience equals one year of college) that demonstrates equivalent expertise.
- Employer-Employee Relationship: A qualifying employer-employee relationship must exist, with the employer having the right to control when, where, and how you perform the work, distinguishing employment from independent contractor arrangements.
- Prevailing Wage Compliance: The employer must pay at least the prevailing wage for the position in the geographic area of employment, protecting wage levels for both U.S. and foreign workers in similar positions.
Common H-1B Specialty Occupations
H-1B visas serve professionals across diverse fields where specialized knowledge and formal education are essential for successful job performance, encompassing both traditional and emerging specialty areas.
- Technology and Engineering: Software developers, computer systems analysts, engineers, data scientists, cybersecurity specialists, and other technology professionals working in positions requiring specialized technical knowledge and problem-solving skills.
- Healthcare and Medical: Physicians, nurses, medical researchers, healthcare administrators, and other medical professionals working in positions requiring specialized medical knowledge and patient care expertise.
- Business and Finance: Financial analysts, market research analysts, management consultants, accountants, and other business professionals working in positions requiring specialized analytical and strategic expertise.
- Education and Research: University professors, researchers, curriculum specialists, and other education professionals working in positions requiring advanced subject matter expertise and pedagogical knowledge.
- Architecture and Design: Architects, urban planners, graphic designers, and other design professionals working in positions requiring specialized creative and technical skills combined with formal training.
Navigating the H-1B Annual Cap and Lottery System
The H-1B program operates under annual numerical limitations that create competitive selection processes requiring strategic planning and timing for successful petition filing.
- Regular Cap Allocation: The general H-1B cap provides 65,000 visas annually for professionals with bachelor’s degrees, creating intense competition during the filing period typically occurring in early April.
- Advanced Degree Exemption: An additional 20,000 visas are available for professionals holding U.S. master’s degrees or higher, providing somewhat better odds for advanced degree holders during the lottery selection process.
- Cap-Exempt Employers: Certain employers including institutions of higher education, nonprofit research organizations, and government research facilities are exempt from numerical limitations, allowing year-round filing opportunities.
- Lottery Selection Process: When petitions exceed available visas, USCIS conducts a random lottery selection, emphasizing the importance of proper petition preparation and strategic employer selection.
Labor Condition Application and Employer Obligations
H-1B petitions require approved Labor Condition Applications (LCAs) that establish employer obligations regarding wages, working conditions, and protection of U.S. worker opportunities.
- Prevailing Wage Determination: Employers must obtain and comply with prevailing wage determinations that establish minimum salary requirements based on position, location, and required qualifications.
- Public Access File Maintenance: Employers must maintain public access files containing LCA documentation, wage information, and other materials available for inspection by Department of Labor and interested parties.
- Non-Displacement Attestations: H-1B dependent employers must attest that they have not displaced U.S. workers and have made good faith efforts to recruit U.S. workers before filing H-1B petitions.
- Working Condition Standards: Employers must provide working conditions that do not adversely affect the wages and working conditions of similarly situated U.S. workers.
Strategic H-1B Petition Preparation
Successful H-1B petitions require comprehensive documentation that clearly establishes the specialty occupation nature of the position and the beneficiary’s qualifications to perform the specialized duties.
- Position Documentation: Detailed job descriptions, organizational charts, and business justification that demonstrate the position’s complexity and specialization requiring a bachelor’s degree or higher in a specific field.
- Educational Credential Evaluation: Proper documentation and evaluation of foreign degrees, professional licenses, and certifications that establish equivalency to U.S. educational standards.
- Employer Supporting Evidence: Financial documentation, business registration, and operational evidence that demonstrates the employer’s legitimacy and ability to provide the offered position.
- Specialty Occupation Analysis: Legal arguments and supporting evidence that clearly establish why the position qualifies as a specialty occupation under USCIS standards and regulatory requirements.
H-1B Extensions and Status Maintenance
H-1B status allows for extensions and provides pathways for long-term career development while maintaining compliance with temporary worker requirements and eventual permanent residency pursuit.
- Initial and Extension Periods: H-1B status is granted for up to three years initially with possible extensions for a total of six years, providing substantial time for career development and permanent residency processing.
- Portability Provisions: H-1B workers can change employers through proper petition filing, providing career flexibility while maintaining legal status throughout the transition process.
- Green Card Transition: H-1B holders can pursue permanent residency through employer sponsorship, with certain provisions allowing extensions beyond six years when green card applications are pending.
How We Secure Your H-1B Success
- We begin with comprehensive eligibility assessment evaluating your educational background, work experience, and the proposed position to develop strategic approaches for establishing specialty occupation requirements
- We coordinate LCA preparation and filing ensuring compliance with prevailing wage requirements, employer obligations, and Department of Labor standards throughout the process
- We prepare compelling H-1B petitions with detailed position documentation, educational credential evaluation, and legal arguments that clearly establish specialty occupation eligibility
- We provide ongoing support throughout H-1B status including extensions, employer changes, and long-term immigration planning for permanent residency transition
Frequently Asked Questions About H-1B Visas
What is the H-1B visa, and who is it for?
The H-1B is a temporary work visa for foreign professionals in specialty occupations requiring a bachelor’s degree or higher. It serves professionals in fields like engineering, technology, medicine, business, and education where specialized knowledge and formal education are essential for job performance.
What are the key requirements for obtaining an H-1B visa?
Key requirements include: (1) position must be a specialty occupation requiring a bachelor’s degree; (2) you must have a related degree or equivalent experience; (3) employer must file approved Labor Condition Application; (4) valid employer-employee relationship; (5) employer must pay prevailing wage.
What is the H-1B cap, and who is exempt from it?
The annual cap is 65,000 regular visas plus 20,000 for U.S. advanced degree holders. Cap-exempt employers include higher education institutions, nonprofit research organizations, and government research facilities that can file year-round without numerical limitations.
Can H-1B visa holders bring their family to the U.S.?
Yes, spouses and unmarried children under 21 can obtain H-4 dependent status. H-4 holders generally cannot work, though certain H-4 spouses may be eligible for employment authorization if the H-1B holder has an approved I-140 immigrant petition.
Can an H-1B visa lead to permanent residency (green card)?
Yes, H-1B is a dual intent visa allowing permanent residency pursuit. Many H-1B holders transition to green cards through employer sponsorship (EB-2/EB-3) or other pathways while maintaining H-1B status during the process.
How does the H-1B lottery work?
When petitions exceed cap numbers, USCIS conducts random selection. Advanced degree holders are entered in both the advanced degree lottery (20,000) and regular cap lottery (65,000) if not selected initially, improving their odds.
What happens if my H-1B petition is denied?
Depending on denial reasons, you may file motions to reconsider/reopen, appeal certain decisions, or refile with additional evidence. If in valid status, you may have time to explore alternatives or address deficiencies for refiling.
Can I work for multiple employers on H-1B status?
Yes, through concurrent H-1B petitions where each employer files separate petitions for part-time or full-time work. You can only work for employers who have approved H-1B petitions on your behalf.
How long does H-1B processing take?
Regular processing typically takes 2-6 months, though times vary. Premium processing provides 15-day adjudication for an additional fee. Initial H-1B status can be granted for up to 3 years with possible extensions.
What if I lose my job while on H-1B status?
You typically have a 60-day grace period to find new employment, change status, or depart the U.S. New employers must file H-1B petitions before you can begin work, though certain portability provisions allow earlier start dates.
Can I start my own business on H-1B status?
Generally no, as H-1B requires an employer-employee relationship with right to control your work. However, complex ownership structures might allow business involvement with proper legal analysis and compliance with H-1B requirements.
What’s the difference between H-1B and other work visas?
H-1B requires specialty occupation and bachelor’s degree, unlike H-2B (temporary non-agricultural work), L-1 (intracompany transfers), or O-1 (extraordinary ability). Each category serves different purposes and has distinct requirements and benefits.
Testimonials
“Donald Gross Law Group successfully secured my H-1B visa for a software engineering position. Their expertise in technology specialty occupations and lottery strategies was invaluable for our success.” — Priya Sharma, Software Engineer
“The team’s understanding of H-1B requirements for healthcare professionals helped me transition from my residency program to permanent employment with proper visa status.” — Dr. Carlos Martinez, Physician
Schedule a Free Consultation
Whether you are in Washington, D.C., Silicon Valley, New York, Boston, Mexico City, Lisbon, Bangkok, or anywhere worldwide, Donald Gross Law Group is ready to assess your H-1B specialty occupation qualifications. Contact us today to schedule a free 30-minute consultation with an experienced H-1B lawyer to discuss your professional background and explore your pathway to U.S. employment through specialty occupation authorization.