H-1B Specialty Occupation Visa | Houston Immigration Attorney

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What is the H-1B Visa?

The H-1B visa allows U.S. employers to temporarily employ foreign workers in specialty occupations requiring at least a bachelor’s degree or equivalent. It’s the primary work visa for professionals in technology, engineering, finance, healthcare, and other specialized fields.

The H-1B has an annual cap of 65,000 visas, plus an additional 20,000 for applicants with U.S. master’s degrees or higher. With demand far exceeding supply, strategic planning and expert legal guidance are essential.

H-1B Eligibility Requirements

For the Employee:

  • Bachelor’s degree or higher (or equivalent work experience)
  • Degree must relate to the specialty occupation
  • Valid job offer from a U.S. employer

    • For the Employer:

  • Legitimate business operating in the United States
  • Specialty occupation position requiring degree-level work
  • Ability to pay the prevailing wage

    • Specialty Occupation Criteria:

    1. Bachelor’s degree or higher is normally required for the position

    2. The degree requirement is common in the industry for similar positions

    3. The employer normally requires a degree for this position

    4. The duties are so specialized that a degree is necessary

    Our H-1B Services

    Initial H-1B Petitions (Cap-Subject)

    We guide employers through the lottery registration process and prepare comprehensive petitions that withstand USCIS scrutiny. Our success rate exceeds industry averages because we anticipate and address potential issues before filing.

    Cap-Exempt H-1B Petitions

    Universities, nonprofit research organizations, and government research organizations can sponsor H-1B workers without being subject to the annual cap. We handle these cases year-round.

    H-1B Transfers

    Changing employers while on H-1B status requires careful timing and documentation. We ensure seamless transitions that maintain your legal status throughout the process.

    H-1B Extensions

    H-1B status can be extended in 3-year increments, up to a maximum of 6 years (with exceptions for pending green card cases). We handle extensions and amendments as your role evolves.

    H-1B Amendments

    Job changes, work location changes, or significant changes in duties may require an amended petition. We advise on when amendments are necessary and prepare them efficiently.

    H-1B Timeline

    | Stage | Timeline |

    |——-|———-|

    | LCA Filing & Certification | 7-10 business days |

    | Lottery Registration (Cap Cases) | March annually |

    | Lottery Results | Late March – April |

    | Petition Preparation | 2-4 weeks |

    | USCIS Processing (Regular) | 3-6 months |

    | USCIS Processing (Premium) | 15 business days |

    | H-1B Start Date | October 1 (cap cases) |

    H-1B Costs

    Government Filing Fees:

  • **Form I-129:** $460
  • **ACWIA Fee:** $750 – $1,500 (employer size dependent)
  • **Fraud Prevention Fee:** $500
  • **Public Law 114-113 Fee:** $4,000 (for employers with 50+ employees where 50%+ are H-1B/L-1)
  • **Premium Processing (optional):** $2,805

    • What Employers Must Pay:

    By law, employers must pay the filing fees and cannot deduct them from employee wages. Employers must also pay at least the prevailing wage for the position.

    Common H-1B Challenges We Solve

    “Specialty Occupation” Denials

    USCIS increasingly challenges whether positions truly require a degree. We build detailed job descriptions with specific technical requirements and industry evidence.

    Entry-Level Position Concerns

    We demonstrate how even junior roles in tech, engineering, and finance require specialized knowledge that only degree holders possess.

    Employer-Employee Relationship Issues

    For consulting companies and staffing agencies, we document the employer’s control over the employee’s work despite offsite placements.

    Third-Party Worksite Complications

    When employees work at client sites, additional documentation is required. We prepare comprehensive itineraries and client letters.

    H-1B to Green Card Path

    The H-1B is often a stepping stone to permanent residence. Common paths include:

    1. **PERM Labor Certification → EB-2 or EB-3** — Employer-sponsored green card through job offer

    2. **EB-1B Outstanding Researcher** — For those in research positions with international recognition

    3. **EB-2 NIW (National Interest Waiver)** — Self-sponsored option for those whose work benefits the U.S.

    We help H-1B holders plan their green card strategy from day one, maximizing the 6-year H-1B window.

    Why Choose Prosperity Immigration Law for Your H-1B?

    **Industry Experience:** We’ve handled H-1B cases across tech, healthcare, finance, energy, and engineering sectors.

    **Employer Guidance:** We help employers understand their obligations and avoid common compliance pitfalls.

    **RFE Success Rate:** Our thorough initial filings minimize RFEs, but when they occur, we have a strong track record of overcoming them.

    **Long-Term Strategy:** We don’t just file your H-1B—we help plan your path to permanent residence.

    Schedule Your H-1B Consultation

    Whether you’re an employer looking to sponsor talent or a professional seeking H-1B sponsorship, we can help.

    **[Schedule Consultation]** | **Call: (713) 955-1878**

    *Serving Houston, The Woodlands, Sugar Land, Katy, and employers throughout Texas.*

    Schedule Your Consultation