H-1B Visa Lawyer in New York

The H-1B visa is one of the most widely used temporary work visas in the United States. It allows U.S. employers to hire foreign professionals in specialty occupations — roles that require specialized knowledge and at least a bachelor’s degree. At the Law Offices of Albert Goodwin, PLLC, we represent both employers and employees through the full H-1B process, from the annual registration to extensions, transfers, and the eventual move toward permanent residence.

We serve clients in New York City, across Nassau, Suffolk, and Westchester counties, and nationwide. The summary below explains how the H-1B works and the points that most often shape a case.

What Qualifies as a Specialty Occupation

An H-1B requires a specialty occupation. In general, that means a position whose duties are so specialized and complex that they normally require at least a bachelor’s degree, or its equivalent, in a specific field directly related to the job. Common examples include software engineers, accountants, architects, scientists, and many healthcare and finance roles. The connection between the degree field and the job duties matters: a general degree that is not related to the position can weaken a petition.

The Bachelor’s Degree Requirement

The worker must hold a U.S. bachelor’s degree or higher in the relevant field, or a foreign degree that is the equivalent. In some cases, a combination of education and progressive work experience can be evaluated as equivalent to a degree. We help applicants document their credentials, including foreign credential evaluations where needed, so the petition clearly shows the worker is qualified.

The Annual Cap and the Electronic Registration Lottery

Congress limits the number of new H-1B visas each fiscal year. The regular cap is 65,000, with an additional 20,000 reserved for workers who hold a U.S. master’s degree or higher. Because demand usually exceeds supply, U.S. Citizenship and Immigration Services runs an electronic registration process each spring. Employers submit a short electronic registration for each candidate, and a lottery selects enough registrations to meet the cap. Only selected registrations may then file a full petition. Careful, timely registration is essential, and we guide employers through it each season.

Cap-Exempt Employers

Not every H-1B is subject to the cap. Institutions of higher education, nonprofits affiliated with such institutions, and nonprofit or governmental research organizations are generally cap-exempt. A worker employed by a cap-exempt organization can often file an H-1B at any time of year without entering the lottery. This is an important option for universities, teaching hospitals, and research institutions, and sometimes for workers who can hold concurrent employment.

The Labor Condition Application and Prevailing Wage

Before filing an H-1B petition, the employer must obtain a certified Labor Condition Application, or LCA, from the Department of Labor. In the LCA, the employer attests that it will pay the worker the higher of the prevailing wage for the occupation in that area or the actual wage paid to similar employees, and that hiring the worker will not harm the working conditions of others. The prevailing wage is a key compliance point, and we help employers set wages correctly and maintain required records.

The I-129 Petition

With a certified LCA in hand, the employer files Form I-129, the petition for a nonimmigrant worker, along with supporting evidence about the company, the position, and the worker’s qualifications. Premium processing is available for faster adjudication. Once approved, the worker can begin H-1B employment, generally no earlier than the start of the new fiscal year for cap cases, or seek a visa stamp abroad if traveling.

Period of Stay and the Six-Year Limit

An H-1B is typically granted for an initial period of up to three years and can be extended for another three, for a general maximum of six years. In certain situations tied to a pending green card process, extensions beyond six years are available. Planning ahead is important so that a worker who intends to remain permanently does not run out of H-1B time.

H-1B Portability and Transfers

H-1B workers are not locked to one employer. Under H-1B portability, a worker can change jobs by having a new employer file a transfer petition, and in many cases can begin working for the new employer once the petition is properly filed, without waiting for approval. We handle transfers regularly and advise on timing so that work authorization is not interrupted.

H-4 Dependents and the H-4 EAD

The spouse and unmarried children under 21 of an H-1B worker may receive H-4 status. Certain H-4 spouses are eligible for an Employment Authorization Document, the H-4 EAD, which lets them work, typically when the H-1B worker has reached a defined stage in the green card process. We help families apply for H-4 status and, where eligible, the accompanying work authorization.

From H-1B to a Green Card

The H-1B is often a stepping stone to permanent residence. Because it permits dual intent, an H-1B worker may pursue a green card without jeopardizing the temporary status. Many workers move into an employment-based immigrant category, frequently through PERM labor certification and an immigrant petition. To understand the permanent residence path, see our pages on the employment green card process, adjustment of status, and the broader picture of employment-based immigration. You can also review the full set of immigrant and nonimmigrant visas.

Call us at 212-233-1233 or email [email protected] to discuss your H-1B matter with the Law Offices of Albert Goodwin, PLLC.