H-1B Visa Attorney in South Florida

H-1B Eligibility, the Filing Sequence, & Duration

A position qualifies as a specialty occupation when it normally requires a bachelor’s degree or higher in a field directly related to the specific duties involved. Information technology, engineering, accounting, architecture, and similar fields commonly meet this standard, but the position itself must be analyzed, not just the industry. USCIS scrutinizes job duties carefully, and vague descriptions are a frequent source of RFEs.

The filing sequence begins with the employer, not the employee. The sponsoring company must first obtain a certified Labor Condition Application from the Department of Labor, attesting to prevailing wage compliance and appropriate working conditions for the role. Only after that certification is in hand can the employer file Form I-129 with USCIS. H-1B status is initially granted for up to three years and can typically be extended to a maximum of six years, with limited further extensions available in certain circumstances tied to pending permanent residency proceedings.

The H-1B Cap Lottery & Current Fee Requirements

Congress limits new H-1B visas to 65,000 per fiscal year under the regular cap, with an additional 20,000 slots reserved for individuals holding a qualifying U.S. master’s degree or higher. Because demand consistently exceeds supply, USCIS conducts an electronic registration period each spring. From the registered pool, a lottery weighted toward higher wage levels determines which registrations may proceed to a full petition filing.

Not every petition is subject to the cap. Extensions of existing H-1B status, changes to the terms of employment, and employer transfers for workers who already hold H-1B classification are generally exempt from the annual numerical limits.

One area to confirm carefully before filing involves supplemental fees on certain new H-1B petitions. A federal court blocked an earlier fee, the government’s appeal is still pending, and the Department of Homeland Security has separately proposed an additional fee through formal rulemaking. Current requirements remain unsettled, and we track these developments closely to advise on what can apply at the time of your filing.

H-4 Dependents, Dual Intent, & Green Card Planning

An approved H-1B holder may bring a spouse and unmarried children under 21 to the United States on H-4 dependent visas. H-4 status ties to the principal’s H-1B, so keeping the underlying petition current matters for the entire family.

The H-1B carries dual intent, meaning a holder can pursue lawful permanent residency without jeopardizing their nonimmigrant status. This is a meaningful distinction from many other visa categories, which presume the holder intends to return abroad. For employers willing to sponsor and for workers with long-term plans in the United States, H-1B approval can be a deliberate step in a green card strategy. We help clients in Martin, St. Lucie, Indian River, Okeechobee, and Palm Beach counties plan that longer path and pursue permanent residency as part of a broader immigration strategy.