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H-1B Visa
Empowering Global Talent to Build Careers in the United States
The H-1B Visa is one of the most sought-after nonimmigrant visas in the United States, allowing U.S. employers to hire highly skilled foreign professionals in specialty occupations—fields that demand theoretical or technical expertise such as engineering, IT, medicine, law, and finance.
For international professionals and global companies alike, the H-1B represents opportunity, growth, and innovation.
At SJKP LLP, our H-1B Visa Practice helps employers and foreign nationals navigate the complex regulatory and procedural landscape of U.S. work visas—from initial petitions to transfers, extensions, and green card transitions.
We bring precision, compliance, and strategy to every case, ensuring both business continuity and immigration success.
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1. H-1B Visa Overview
Understanding the U.S. Specialty Occupation Visa
The H-1B visa allows qualified professionals to work temporarily in the United States in positions requiring at least a bachelor’s degree or higher in a specialized field.
It is designed to help U.S. employers fill skill gaps with top global talent while maintaining strict compliance with Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS) regulations.
Basic Eligibility for H-1B Vis
To qualify, the applicant and employer must meet the following criteria:
- - The position must qualify as a “specialty occupation,” requiring specialized knowledge and a relevant degree.
- The beneficiary must hold at least a bachelor’s degree (or equivalent experience) in that field.
- The employer must file a Labor Condition Application (LCA) with the DOL and an I-129 petition with USCIS.
Our attorneys evaluate each job role, degree field, and organizational structure to confirm compliance with statutory definitions and ensure evidentiary strength before submission.
H-1B Cap and Lottery System
Each fiscal year, USCIS allocates 85,000 new H-1B visas—65,000 under the general cap and 20,000 for U.S. master’s degree holders.
Due to high demand, USCIS conducts a random lottery for registrations.
SJKP LLP assists employers with registration timing, cap strategy, and contingency planning for alternative visa options if selection is not achieved.
H-1B Duration and Extensions
H-1B status is initially granted for three years and may be extended for up to six years total, with further extensions possible for those in the green card process (PERM or I-140 pending).
We manage filing timelines carefully to prevent gaps in employment authorization and maintain lawful status.
2. Filing an H-1B Petition
Precision, Documentation, and Compliance
An H-1B petition requires detailed coordination between employer, employee, and immigration counsel.
Errors or omissions can trigger Requests for Evidence (RFE) or denials, so preparation is key.
Step 1: Labor Condition Application (LCA)
Before filing with USCIS, the employer must obtain an approved LCA from the Department of Labor.
This document attests that the worker will be paid at least the prevailing wage for the occupation and that hiring will not adversely affect U.S. workers.
SJKP LLP ensures wage determinations align with government standards and that posting and recordkeeping requirements are satisfied.
Step 2: Preparing Form I-129 and Supporting Evidence
The H-1B petition (Form I-129) must include a comprehensive set of materials:
- - Approved LCA
- Employment offer letter and job description
- Degree evaluations or academic transcripts
- Employer financials and corporate documents
- Detailed evidence of the “specialty occupation” nature of the role
Our firm drafts legal memoranda linking the job duties directly to USCIS criteria, minimizing the risk of RFE issuance.
Step 3: USCIS Adjudication and Premium Processing
Petitions can take several months to adjudicate.
To expedite review, employers may request premium processing, guaranteeing a 15-day response window.
We monitor all filings through USCIS systems and respond promptly to any requests for clarification or evidence.
3. Maintaining and Transferring H-1B Status
Ensuring Continuity in Employment and Legal Status
Once approved, maintaining H-1B status requires ongoing compliance by both employer and employee.
Changes in role, salary, or work location often require amended petitions to avoid violations.
H-1B Portability and Transfer
H-1B workers may transfer to a new employer without leaving the U.S., provided the new petition is filed before the previous employment ends.
We assist clients in timing and documentation to ensure uninterrupted work authorization under H-1B portability provisions.
Amendments and Material Changes
Significant changes in job duties, location, or company structure must be reported to USCIS.
SJKP LLP ensures that amendments are filed correctly to preserve lawful status and employer compliance.
Extensions Beyond Six Years
For individuals pursuing permanent residency, extensions beyond six years are available if a PERM labor certification or I-140 immigrant petition has been pending for at least 365 days.
Our attorneys manage these long-term strategies seamlessly, aligning employment stability with immigration progress.
4. RFE and Compliance in H-1B Cases
Addressing USCIS Scrutiny Effectively
The H-1B visa category has become increasingly scrutinized by USCIS.
Requests for Evidence (RFEs) often target job classification, wage level, and employer-employee relationships.
Common RFE Triggers in H-1B Cases
- - Job duties not matching the claimed occupation
- Lack of evidence showing employer supervision or worksite control
- Questionable degree equivalency or insufficient education
- Unclear end-client arrangements for consulting firms
SJKP LLP prepares proactive, detailed filings to preempt RFE triggers, and if an RFE is issued, we respond with comprehensive legal briefs and supporting documentation.
Public Access File (PAF) and DOL Audit
Employers must maintain a Public Access File documenting compliance with wage and working condition attestations.
We assist with internal audits, recordkeeping, and responses to DOL inquiries to avoid fines or debarment.
Cap-Exempt and Concurrent Employment Options
Universities, nonprofit research organizations, and government entities may qualify as cap-exempt employers.
We also help H-1B professionals pursue concurrent employment, expanding opportunities without breaching compliance rules.
5. Dependents and Family Members on H-4 Visas
Supporting Families Through Employment-Based Immigration
Spouses and unmarried children under 21 of H-1B holders are eligible for H-4 visas, allowing them to reside in the U.S.
Certain H-4 spouses—specifically those whose H-1B principal has an approved I-140 immigrant petition—may apply for work authorization (EAD).
Our attorneys assist with H-4 filings, extensions, and employment authorization requests to ensure families stay secure and integrated.
6. Transitioning from H-1B to Permanent Residency
Building a Path to the Green Card
Many professionals view the H-1B as the first step toward permanent residency.
SJKP LLP helps clients navigate the transition from nonimmigrant worker to green card holder, managing every stage of the employment-based immigration process.
PERM Labor Certification
The first step toward an employment-based green card is PERM, where the employer demonstrates that no qualified U.S. worker is available for the position.
We oversee recruitment procedures, documentation, and filing to meet DOL standards.
I-140 Immigrant Petition and Priority Date Retention
Once PERM is approved, the employer files Form I-140 with USCIS.
Our firm ensures accurate classification (EB-2 or EB-3) and advises clients on priority date retention for future filings.
Adjustment of Status (Form I-485)
When the visa bulletin becomes current, we assist clients and families in filing for Adjustment of Status, completing the final step to permanent residency—all while maintaining lawful H-1B employment.
7. Common Questions About the H-1B Visa
Answers for Employers and Professionals
How Long Does the H-1B Process Take?
From registration to approval, the process can take six to nine months, depending on the lottery outcome and processing speed.
Premium processing can reduce review time to 15 days once the petition is filed.
Can I Change Employers While on H-1B?
Yes.
You can begin working for the new employer as soon as the transfer petition is filed, under the H-1B portability rule.
Can My Spouse Work on an H-4 Visa?
Only if you have an approved I-140.
In that case, your spouse may apply for H-4 EAD (Employment Authorization Document).
Can I Apply for a Green Card While on H-1B?
Yes.
H-1B is a dual-intent visa, meaning you may lawfully apply for a green card while maintaining nonimmigrant status.
8. Why Choose SJKP LLP for H-1B Representation
Strategic Counsel for Employers and Professionals Alike
At SJKP LLP, we combine legal precision with business practicality to deliver successful H-1B outcomes.
Our attorneys represent both employers and foreign professionals across industries—technology, healthcare, education, and finance—handling every phase from cap registration to complex RFE defense.
We structure filings to meet both immigration and corporate compliance standards, ensuring consistency between USCIS, DOL, and company records.
With deep insight into adjudication trends and policy shifts, SJKP LLP provides clients with proactive solutions that anticipate—not react to—regulatory challenges.
We don’t just file H-1B petitions—we build sustainable immigration strategies for the future of global work.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.
