An H-1B visa lawyer guides a sponsorship case from cap registration through approval: confirming the job is a genuine specialty occupation, preparing the Labor Condition Application, building the Form I-129 petition the employer files with USCIS, and answering Requests for Evidence when they come. Employers need one to sponsor correctly and stay compliant; workers need one to evaluate offers, transfers, and what happens if a job ends. Atlas Immigration Law handles H-1B petitions, transfers, and RFE responses from our Dallas office for companies and professionals in DFW and all 50 states — with flat fees quoted up front and a free 20-minute consultation to map the case before anything is filed.
Key takeaways
The employer — not the worker — is the H-1B petitioner: it registers in the annual cap lottery, certifies the LCA with the Department of Labor, and files Form I-129 with USCIS. Most private-sector cases must be selected in the spring registration before a petition can even be filed; universities and certain nonprofits are cap-exempt and can file year-round. Workers already in H-1B status can change employers through a transfer petition and often start work as soon as the new petition is filed. An attorney adds the most value at the pressure points: specialty-occupation proof, wage-level strategy, RFEs, and timing.
Who files what: the employer petitions, the worker benefits
The H-1B is an employer-driven visa. The sponsoring company is the petitioner: it submits the electronic cap registration, obtains a certified Labor Condition Application (LCA) from the Department of Labor promising to pay at least the prevailing wage, and files Form I-129 with USCIS. The worker is the beneficiary — they cannot self-petition, but they carry the status, and decisions about transfers, extensions, and travel affect them directly. If the case is approved for someone outside the U.S., the worker then applies for the visa stamp at a consulate; if the worker is already here in another status, the petition can request a change of status instead.
That split is why we counsel both sides. Employers get compliance-safe filings and public-access files done right; workers get straight answers about portability, grace periods, and how the H-1B fits a longer plan — including the employment-based green card many H-1B professionals eventually pursue.
Who qualifies for an H-1B
- A specialty occupation. The position must normally require at least a bachelor’s degree in a specific specialty — software engineering, accounting, mechanical engineering, medicine — not just any degree. USCIS scrutinizes generalist titles hard; see the agency’s H-1B specialty occupations overview.
- A qualified beneficiary. The worker holds the required degree (or its equivalent through foreign education evaluation or, in some cases, progressive experience) in the field the job demands.
- The required wage. The employer must pay the higher of the prevailing wage for the role and location or the actual wage paid to similar employees — certified in the LCA.
- A real employer-employee relationship, with the employer able to hire, supervise, and fire — a point that gets extra attention in third-party placement and staffing arrangements.
The H-1B process, step by step
| Stage | Who acts | What happens |
|---|---|---|
| 1. Strategy and job analysis | Employer + attorney | Confirm the role is a specialty occupation, set the wage level, and decide cap-subject vs cap-exempt. |
| 2. Cap registration | Employer | Electronic registration for the beneficiary during the spring registration window; selection is by lottery. |
| 3. LCA certification | Employer | The Labor Condition Application is filed with and certified by the Department of Labor. |
| 4. I-129 petition | Employer | The full petition — degree proof, job description, wage documents — is filed with USCIS in the filing window. |
| 5. Adjudication | USCIS | Approval, an RFE, or a denial. Premium processing can compress the wait for an added government fee. |
| 6. Start of employment | Worker | Cap cases generally begin October 1; the worker changes status in the U.S. or gets the visa stamped abroad. |
Transfers and portability
A worker already in H-1B status is not locked to one employer. A new employer files its own petition — commonly called an H-1B transfer — and under the portability rules the worker can generally start the new job once the new petition is properly filed, without waiting for approval. Timing still matters: gaps in employment, pending extensions, and travel plans all interact with a transfer, and a short legal review before resigning prevents most of the painful surprises. Workers whose employment ends typically have a grace period of up to 60 days (or until their I-94 expires, if sooner) to find a new sponsor, change status, or depart.
Cap-exempt employers
Institutions of higher education, related nonprofits, and nonprofit or governmental research organizations are cap-exempt: they can file H-1B petitions any time of year with no lottery. For physicians, researchers, and academics across DFW’s universities and hospital systems, a cap-exempt filing is often the fastest route to H-1B status — and it can serve as a bridge for a worker who was not selected in the lottery.
Wondering where your case fits in these timelines?
A free consultation gets you a straight answer on your category, your realistic timeline, and the flat fee — before you commit to anything.
Where H-1B cases go wrong
- Not selected in the lottery. No filing is possible that year for that employer — but alternatives exist: cap-exempt employment, L-1 intracompany transfer for multinational employees, O-1 for high-achievers, TN for Canadians and Mexicans, or day-one work authorization strategies. A good lawyer plans the fallback before the lottery runs.
- Specialty-occupation RFEs. USCIS questions whether the job truly requires a specific degree. The response needs expert letters, industry evidence, and a tight job analysis — this is the core of our RFE response practice.
- Wage-level and job-title mismatches. An entry-level wage on a senior-sounding title (or vice versa) invites scrutiny; the fix is upstream, when the LCA is drafted.
- Maintenance-of-status slips. Late extensions, unreported material changes in the job or worksite, or working before a transfer is filed can undermine the record for years — including at the green card stage.
Costs and timeline
H-1B costs come in two layers. Government fees include the cap registration fee and the I-129 filing fees, plus statutory add-ons that vary with employer size and circumstances — several of which the employer is required by regulation to pay, not the worker. Current amounts are listed on the Form I-129 page. Attorney fees are separate; Atlas quotes a flat fee for the defined scope — registration, LCA, petition, and filing — so employers can budget sponsorship and workers comparing offers know exactly what representation costs. No hourly meters, no surprise invoices.
Timelines are driven by the government calendar: registration in spring, filing windows after selection, and an October start for cap cases. Adjudication speed varies by service center and whether premium processing is used — check current processing times rather than assuming any fixed figure, and build the timeline backward from the date the worker actually needs to start.
How Atlas Immigration Law helps
Atlas runs H-1B programs for DFW employers — from first-time sponsors making one hire to companies managing dozens of registrations — and represents individual professionals evaluating transfers and offers. Every case gets a flat, transparent fee, a same-business-day response policy, and direct access to the attorney handling the file, with each stage tracked in the Atlas Vision client portal. Jordan Weinberg, the firm’s founder and managing attorney, is licensed in Texas and a member of AILA and the Dallas Bar Association.
We work from our Dallas office at 1920 McKinney Ave and represent employers and workers in all 50 states — immigration law is federal, so location never limits the engagement. Consultations are free for 20 minutes, in English or Spanish, and if the H-1B is the wrong tool we will say so and map the work visa that fits.
Frequently asked questions
Who pays for an H-1B — the employer or the employee?
The employer is the petitioner and must pay several of the government fees by regulation, including the training and fraud-prevention fees. Attorney fees are typically an employer cost as well, though workers sometimes retain their own counsel for personal advice. What the worker may never be asked to absorb is the employer’s statutorily mandated costs.
Can I apply for an H-1B without an employer?
No. The H-1B requires a sponsoring employer to register in the cap, certify the LCA, and file Form I-129. Workers cannot self-petition. Entrepreneurs sometimes structure sponsorship through their own company, but that requires careful setup of a genuine employer-employee relationship and is very fact-specific.
What happens if I’m not selected in the H-1B lottery?
The employer cannot file a cap-subject petition for you that fiscal year, but alternatives often exist: cap-exempt employers (universities, nonprofit research organizations), an L-1 transfer if you work for the company abroad, an O-1 for strong achievement records, or TN status for Canadian and Mexican citizens. An attorney can rank the realistic options for your facts.
How fast can I start work after an H-1B transfer is filed?
Under the portability rules, a worker already in valid H-1B status can generally begin working for the new employer once the new petition is properly filed with USCIS — before it is approved. Confirm the filing is actually receipted, and get advice before resigning if your current status or a pending extension complicates timing.
How long can I stay in the U.S. on an H-1B?
H-1B status is granted in increments of up to three years, to a general maximum of six. Time beyond six years is possible when an employment-based green card process is far enough along, which is why pairing the H-1B with a green card strategy early matters so much.
How much does an H-1B lawyer cost in Dallas?
Attorney fees vary by firm and scope. Atlas Immigration Law charges flat fees quoted in writing before work begins, covering the registration, LCA, petition, and filing for a defined case — government filing fees are separate and set by USCIS. A free 20-minute consultation is the fastest way to get your exact quote.
I was laid off on an H-1B. How long can I stay?
Most workers get a discretionary grace period of up to 60 days after employment ends (or until the I-94 expires, whichever comes first) to have a new employer file a transfer, change to another status, or depart. The clock is unforgiving, so start the search and the legal review immediately.
This guide is part of our work visa services for employers — the service page covers eligibility, fees, and how we handle these cases.
Founder & Managing Attorney, Atlas Immigration Law
Member of the American Immigration Lawyers Association (AILA) and the Dallas Bar Association. Licensed to practice in Texas; fluent in English and Spanish.
Legally reviewed by a licensed immigration attorney
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This guide is general information, not legal advice, and reading it does not create an attorney-client relationship. Immigration law and procedures change, and how they apply depends on your specific facts — consult a licensed immigration attorney about your situation.