LEGAL SERVICES

H-1B Specialty Occupation Visas & H-4 Dependents

H-1B is the standard work visa for professionals in specialty occupations—engineers, scientists, analysts, physicians, researchers—and for most employers it is the first visa they file. It comes with a lottery, a prevailing-wage requirement and a six-year clock, and it brings family along in H-4 status. We represent employers filing for their teams and employees who need to understand their options, including the cap-exempt and lottery-free routes that many people do not know they have.

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HOW WE HELP

What we work on

Registration, lottery and cap exemptions

The March registration, the 65,000 regular and 20,000 U.S. master's cap numbers, and the employers that never enter the lottery: universities, nonprofit organizations affiliated with universities, and nonprofit or government research organizations. For researchers, a cap-exempt employer often changes the whole timeline. Since the FY2027 season, selection is weighted by the wage level of the offered position, so the registration itself now involves a judgment about the role and its wage.

Specialty occupation and the LCA

The position must require at least a bachelor's degree in a specific specialty, and the employer must file a Labor Condition Application at the prevailing wage. We draft job descriptions that reflect the real work and meet the standard, and we select the wage level correctly—where most H-1B requests for evidence begin.

Extensions, transfers and the six-year limit

Three years plus three years, with extensions beyond six available under AC21 when a PERM or I-140 has been pending or approved long enough. Changing employers is possible through portability; we file the new petition so you can start on receipt.

H-4 spouses and children

H-4 status for spouses and unmarried children under 21, with work authorization for spouses in certain circumstances under current rules—most commonly when the H-1B holder has an approved I-140. We handle the H-4 filings alongside the H-1B so the family's status stays aligned.

OUR APPROACH

How the case moves forward

Plan

Confirm the position qualifies, whether the employer is cap-exempt, and the timing of registration or filing.

File

Prepare the LCA, the petition and the supporting evidence; add H-4 applications for family.

Maintain

Track expiration dates, amendments for material changes, extensions and the path to permanent residence.

HOW WE WORK WITH PETITION CLIENTS

Four elements of our approach; specific service terms are set out in the engagement agreement.

We find the strengths, not just file the materials

We do not write from the folder you send us. We go through your record, ask questions and look for evidence you did not know counted.

Guidance on strengthening your record

Where the record is not yet ready and the plan is realistic, we may advise some clients, at no charge, on how to build it legitimately before filing.

Approve-or-refile option

For eligible clients whose signed engagement agreement includes this option, we will prepare and refile a denied petition without an additional attorney fee, subject to the agreed scope and conditions. Government filing fees and third-party costs are not included unless expressly agreed.

RFE responses included

For full-representation petitions, an RFE response is included when specified in the engagement agreement; stand-alone review services are separate.

COMMON QUESTIONS

Questions we hear often

Practical answers to frequently asked questions. Individual circumstances can affect the best course of action.

I was not selected in the lottery. What are my options?+

Cap-exempt employment, O-1 if your record supports it, L-1 if you work for a multinational, or continuing on F-1 OPT or STEM OPT while a self-petitioned NIW or EB-1A is prepared. Which one fits depends on your field and your employer.

Can my H-4 spouse work?+

Under current rules, in certain circumstances—most commonly when the H-1B holder has an approved I-140. The rule has been the subject of policy changes and litigation, so we confirm the position at the time of filing. Note also that H-4 EAD renewals filed since late 2025 no longer receive an automatic extension while pending, so renewals should be filed as early as the rules allow.

Can I start a company on H-1B?+

You can own a company. Working for it requires a separate basis: either an H-1B filed by the company under the rules that now allow beneficiary-owners in some circumstances, or another visa. This needs structuring before you begin.

Is there a $100,000 fee for H-1B petitions?+

A presidential proclamation issued in September 2025 and renewed in September 2026 imposes a $100,000 payment on certain new H-1B petitions for beneficiaries outside the United States; extensions, amendments and changes of status for people inside the country are exempt. A federal court vacated the implementation in June 2026, and as of October 2026 the fee was not being collected, but the litigation is unresolved. We confirm the position at the time of filing.

What happens if I am laid off?+

There is a grace period of up to 60 days to find a new employer, change status or depart. The clock starts on the last day of employment, so a prompt plan matters.