H-1B Temporary Worker’s Visa Lawyer in Houston, TX

The H-1B is the primary U.S. work visa for professionals in specialty occupations, fields requiring at least a bachelor's degree or equivalent in a directly related specialty. At Prosperity Immigration Law, our immigration attorneys work with both employers and employees through the registration, lottery, petition, and extension process.

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What Is the H-1B1 Visa?

The H-1B is a nonimmigrant work visa allowing U.S. employers to temporarily employ foreign workers in specialty occupations. A specialty occupation is a role requiring the theoretical and practical application of highly specialized knowledge and a minimum of a bachelor's degree (or equivalent) in a field directly related to the position. Common qualifying fields include engineering, computer science, medicine, architecture, accounting, finance, law, education, and many others.

The H-1B is a dual-intent visa, holders may simultaneously pursue permanent residence (a green card) without jeopardizing their nonimmigrant status.

This makes the H-1B the preferred pathway for international professionals who want to build a long-term career in the United States.

H-1B Cap, Lottery, and FY2027 Wage-Based Selection

The H-1B annual cap is set at 65,000 visas, plus an additional 20,000 for U.S. master's degree holders, 85,000 total. Because demand consistently exceeds supply, USCIS conducts an annual lottery during a two-week registration window that typically opens in early March.

For FY2027 (effective February 27, 2026), USCIS implemented a significant change: a wage-based weighted selection system replaces the purely random lottery. Registrations tied to higher prevailing wage levels receive more entries in the selection pool:

DOL Wage Level IV (fully competent): 4 entries
DOL Wage Level III (experienced): 3 entries
DOL Wage Level II (qualified): 2 entries
DOL Wage Level I (entry level): 1 entry

This system favors higher-skilled and higher-paid positions. Employers must identify the Standard Occupational Classification (SOC) code and intended wage level at the time of registration, not just at petition filing.

$100,000 Fee for Certain New H-1B Petitions

A Presidential Proclamation (effective September 21, 2025) requires an additional $100,000 fee for H-1B petitions filed on behalf of beneficiaries outside the U.S. without a valid H-1B visa. The fee does not apply to extensions, amendments, changes of status, or cap-exempt petitions. The Proclamation expires September 21, 2026. Always confirm current applicability with counsel before filing.

Cap-Exempt Employers

Some employers are not subject to the H-1B cap and can file petitions at any time without going through the lottery:

Institutions of higher education (universities and colleges)
Nonprofit organizations affiliated with or related to an institution of higher education
Nonprofit research organizations or governmental research organizations

Workers who have previously been counted against the cap and whose cap count has not lapsed may also be cap-exempt for certain petitions. Cap-exempt petitions can be filed year-round and are not subject to the lottery or the $100,000 fee.

Duration and Extensions

Initial H-1B status is granted for three years and may be extended for another three years, a total of six years. Beyond six years, extensions are available if the worker is the beneficiary of an approved I-140 petition, or if a PERM or I-140 application has been pending for 365 or more days.

H-1B status ends if the worker loses their job, though a 60-day grace period is available to find new employment, change status, or depart the U.S.

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H-1B Requirements

Specialty occupation

The position must require at least a bachelor's degree (or equivalent) in a specific specialty directly related to the job duties.

Worker's qualifications

The worker must hold the required degree or its equivalent in experience (three years of specialized experience may substitute for one year of college education in limited circumstances).

Labor Condition Application (LCA)

Filed by the employer with the DOL before the I-129 petition. The LCA attests the employer will pay the required prevailing or actual wage (whichever is higher) and will not adversely affect the working conditions of U.S. workers.

Employer-employee relationship

The employer must have the ability to hire, pay, fire, and supervise the worker. Third-party placement situations receive heightened scrutiny.

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The H-1B Visa Application Process: Step by Step

  1. Electronic registration (March): Employer submits registration through USCIS online system during the two-week registration window. Registration fee: $215 per registrant.
  2. Lottery selection notification (by March 31): USCIS notifies employers of selected registrations. Selected employers have at least 90 days to file a full petition.
  3. File Labor Condition Application (LCA): Employer submits through the DOL FLAG portal. Processing time: approximately 7 business days.
  4. File Form I-129 with USCIS: The H-1B petition with LCA, job offer letter, degree evidence, and employer documentation. Premium processing available for 15 business-day adjudications.
  5. Worker enters on October 1: Approved H-1B status begins October 1 (start of the fiscal year). Workers already in the U.S. in valid status may file for change of status concurrently with the petition.

What Our Clients Say

  • “I had an exceptional experience working with the Prosperity Immigration Law team. Their deep knowledge of employment-based immigration cases, coupled with their clear communication and meticulous approach, made the entire process seamless and stress-free. I felt fully supported at each step, confident that I was receiving top-tier legal guidance from true experts in the field.” - Tunde D.

  • “We highly recommend Prosperity Immigration Law for helping process my Immigrant visa from the initial application till the issuance of my green card. They did a great job for my case considering we are based overseas. When we started the process, communication and documentation were done remotely with zero issues at all. Staff assigned to my case are very responsive and coordinate us in a prompt and timely manner. Everything happened in perfect timing.” - Roselyn P.

  • “This firm is compassionate, well-organized, and truly committed to their clients. If you're looking for an immigration team that treats you like a person — not just a case — I highly recommend them. Huge thanks to Yakelin and Irving for being absolutely amazing!” - Tulia R.

  • “Thank you to this entire team of professionals who took our case until the approval of our EB-1A visa. They always responded immediately to our calls and questions about it. Our case was taken step by step with the expertise that these procedures require. You can find from the reception the warmth and knowledge of your areas of work, which makes this equipment totally homogeneous, effective and efficient. Thank you so much and we recommend you as THE BEST IMMIGRATION LAWYERS.” - Diego R.

Why Choose Prosperity Immigration Law

We know the process inside and out: Immigration rules change constantly, new policies, updated fee schedules, shifting processing times. We stay current so our clients do not have to.
We approach every case honestly: If an application faces real obstacles, we say so upfront. Our job is to give you a clear picture of where you stand and the most realistic path forward, not to tell you what you want to hear.
We handle the details so you do not have to: From document checklists to filing deadlines, we manage every moving part of your case so nothing is missed and nothing is late.
We think beyond the current application: A visa is rarely the end goal, it is a step toward something larger. We help clients think ahead so that today's filing supports tomorrow's options, not the other way around.
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Frequently Asked Questions About the H-1B Visa

What changed with the H-1B lottery for FY2027? Collapse

Beginning with the FY2027 cap season (registrations opened March 2026), USCIS moved from a purely random lottery to a wage-based weighted selection. Higher wage levels receive more entries, giving positions paying above-average salaries a better statistical chance of selection.

Does the $100,000 fee apply to H-1B extensions?
What happens if my H-1B worker is not selected in the lottery?
Can I change employers on H-1B status? Collapse

Yes, using H-1B portability under AC21. If you are already in valid H-1B status and your new employer files an H-1B transfer petition before your current status expires, you may begin work with the new employer as soon as the petition is properly filed, without waiting for approval.

How many years can I be on H-1B status?
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Speak With an H-1B Visa Lawyer in Houston Today

Whether you are an employer preparing for the FY2028 registration season, a worker who was selected in the lottery and needs a petition filed, or a professional navigating an extension or transfer, our team is ready to help. We serve clients in Houston, The Woodlands, Shenandoah, Katy, and across Montgomery and Harris Counties.

Schedule a consultation with our team today to discuss your situation and next steps.

Our Offices

Houston
7322 Southwest Fwy, Tower One, 4th Floor, Suite 470
Houston, TX 77074
(281) 545-3607

Harris County
21815 Oak Park Trails Dr,
Katy, TX 77450
(281) 801-5726

The Woodlands
282 Ed English Dr,
Shenandoah, TX 77385
(281) 949-7126