H-1B Visa Attorney
Hire the specialized talent your business needs. We guide employers through H-1B cap registration, the lottery, transfers, extensions, and cap-exempt petitions — from strategy through approval.
What Is the H-1B Visa?
What this means for you
The leading work visa for specialized roles. The H-1B lets you employ degreed professionals for up to six years, with dual intent that keeps a green card on the table — plus cap-exempt and transfer routes that skip the lottery entirely.
The H-1B is for specialty occupations — roles that require at least a bachelor’s degree in a specific field. It is the most widely used route for employers hiring engineers, IT professionals, scientists, accountants, and other skilled professionals.
Most new H-1Bs are subject to an annual cap of 85,000 and a March lottery, so timing and strategy matter. But universities, nonprofits, and research organizations are cap-exempt, and workers already on H-1B can transfer or extend without the lottery.
The Atlas advantage
Work directly with your attorney
Same-day response guarantee
Flat fees, no surprises
Which H-1B Path Applies to You?
H-1B petitions fall into three filing scenarios. Identifying the right one determines your strategy and timeline:
Cap-Subject
Standard new H-1B petitions.
- Subject to the annual 65,000 cap plus 20,000 for U.S. master’s holders.
- Requires electronic lottery registration in March.
- October 1 start date if selected.
Cap-Exempt
For qualifying institutions.
- Universities, affiliated nonprofits, and research organizations.
- No lottery — petitions can be filed year-round.
- Not subject to the annual cap.
Transfer & Extension
For workers already on H-1B.
- Already counted against the cap — no new lottery.
- Change employers under H-1B portability.
- Begin work upon USCIS receipt of the new petition.
Not sure whether you're cap-subject, cap-exempt, or eligible to transfer? We'll assess it and map your filing strategy.
H-1B Requirements
Every H-1B petition must satisfy four core requirements that USCIS examines closely — here is what each demands and how we help you meet it:
Specialty Occupation
The role must require at least a bachelor’s degree in a specific specialty directly related to the duties.
How we help: We document the degree requirement and tie the position to the specialty so it withstands scrutiny — the most common RFE trigger.
Qualified Beneficiary
The worker must hold the required U.S. degree (or a foreign equivalent), or equivalent work experience.
How we help: We evaluate credentials, arrange equivalency evaluations, and document experience where a degree was earned abroad.
Employer-Employee Relationship
A valid employer-employee relationship must exist, with the employer controlling when, where, and how the work is performed.
How we help: We structure and evidence the relationship — critical for consulting, remote, and third-party placements.
Prevailing Wage & LCA
You must pay at least the prevailing wage and file a Labor Condition Application with the Department of Labor.
How we help: We handle the LCA, prevailing-wage analysis, and public-access file so your wage compliance is airtight.
The H-1B Cap & Filing Process
For cap-subject petitions, the annual lottery drives the timeline. Strategic preparation is essential:
- 1
Registration (March)
USCIS opens electronic registration in early March. Employers register each beneficiary with basic information.
- 2
Lottery Selection
USCIS runs the random selection and announces results in late March or early April.
- 3
Petition Filing
If selected, employers have at least 90 days to prepare and file the complete H-1B petition.
- 4
USCIS Adjudication
USCIS reviews the petition and may issue an RFE. Premium processing (15 business days) is available.
- 5
Approval & October 1 Start
Approved cap petitions typically carry an October 1 start date for the new fiscal year.
Why Trust Atlas Immigration Law with Your H-1B
H-1B cases are won on preparation — a tight specialty-occupation argument, clean wage compliance, and a record built to survive an RFE. Our team removes the guesswork:
Work directly with your attorney
No call centers, no handoffs — the lawyer building your case is the one you talk to.
Flat fees, known up front
You agree on the full cost before we start. No hourly billing, no surprises.
Same-day response
Questions during your case get a reply the same business day.
From a first cap registration to complex transfers and RFE responses, we handle the strategy and the paperwork so your hire can start on time and your team can focus on the business.
Cap-Exempt Employers — No Lottery Required
Certain employers can file H-1B petitions at any time without entering the annual lottery. If you are one of them, you can hire H-1B talent year-round:
- Colleges, universities, and affiliated nonprofit entities.
- Nonprofit research organizations and government research organizations.
- Workers already counted against the cap — transfers and extensions.
Government Filing Fees
Base Filing Fee — $780
USCIS Form I-129 filing fee.
ACWIA Fee — $750–$1,500
Based on employer size.
Fraud Prevention Fee — $500
Required for all initial H-1B petitions.
Asylum Program Fee — $600
For employers with 26+ employees.
Premium Processing — $2,805
Optional 15-business-day adjudication.
Fees are subject to change and attorney fees are separate. We provide a complete, transparent cost estimate up front.
Common Questions
H-1B Visa FAQs
The H-1B lottery is a random selection process USCIS uses when applications exceed the annual cap of 85,000 visas. Electronic registration opens in early March, and employers must register each potential H-1B worker. Selection results are announced in late March or early April.
Ready to hire specialized talent?
Let's discuss your H-1B needs and build a strategic plan to bring your next great hire to the U.S. It's completely free.