H-1B Visas

Get authorization to work in the United States in a specialty occupation. We handle your H-1B petition, cap registration, extensions, and transfers from start to approval.

What the H-1B Visa Is and Who It Is Designed For

The H-1B is a nonimmigrant work visa for foreign nationals employed in specialty occupations that require at least a bachelor’s degree or its equivalent in a specific field. It is the most widely used work visa in the United States and the primary path for professionals in technology, engineering, finance, healthcare, architecture, and other knowledge-based industries. If your employer wants to hire you or keep you on staff legally, working with an H-1B visa attorney Arlington VA ensures your petition is built correctly and filed on time without the errors that lead to denials or requests for evidence.

The H-1B program operates under an annual cap, which means the number of new visas issued each year is limited and demand regularly exceeds supply. Most new H-1B petitions are subject to a lottery before they can even be filed. Cap-exempt employers such as universities, nonprofit research institutions, and government research organisations can file outside the lottery system. An immigration attorney Arlington reviews your employer’s status and your qualifications to determine exactly what process applies to your case and what timeline to plan for.

Who Qualifies for H-1B Status

Your situation must meet specific requirements before your employer can file an H-1B petition. You may qualify if:

The job is a specialty occupation requiring theoretical and practical application of a body of specialised knowledge
The position normally requires a bachelor’s degree or higher in a specific field as a minimum entry requirement
You hold a U.S. bachelor’s degree or foreign equivalent in a field directly related to the job, or you have equivalent education and experience
Your employer is a legitimate U.S. business willing to file as the petitioning employer
Your employer is willing to pay you at least the prevailing wage for the occupation and location

Important Note: about the H-1B lottery: Most new H-1B petitions are subject to the annual cap of 65,000 visas, with an additional 20,000 reserved for U.S. master’s degree holders. USCIS runs an electronic registration lottery in March each year. Only employers whose registrations are selected can file a full H-1B petition. Justin advises on registration strategy and ensures your employer submits the registration correctly within the narrow window USCIS provides.

How the H-1B Petition Process Works

The H-1B process involves multiple steps across different government agencies. Here is the full sequence for a cap-subject petition:

1

Complete the Labor Condition Application

Your employer files an LCA with the Department of Labor declaring they will pay the prevailing wage and that hiring you will not negatively affect U.S. workers in the same occupation and area.

2

Register for the lottery

Between March 1 and March 18 each year, your employer submits an electronic registration for the H-1B cap lottery. Justin prepares the registration and monitors the selection results.

3

Receive a selection notice

If your registration is selected, USCIS notifies the employer and opens a 90-day window to file the full H-1B petition.

4

File Form I-129

Justin prepares the full petition with your degree documentation, the certified LCA, your employer's support letter, and all required evidence showing the role is a specialty occupation.

5

Wait for USCIS adjudication

Standard processing takes several months. Premium processing is available for a faster decision if your employer needs certainty on a specific timeline.

6

Receive approval and begin work

H-1B status is typically valid for three years, with one extension available for another three years. Further extensions are possible if a green card process is underway.

H-1B Extensions, Transfers, and Amendments

Extensions Beyond Six Years

The standard H-1B period is six years total. If an employer-sponsored green card process is underway and the I-140 has been approved for at least 365 days, or a PERM has been filed for at least 365 days, extensions beyond the six-year cap are available in one-year or three-year increments. Justin tracks these deadlines so no extension opportunity is missed.

H-1B Transfers to a New Employer

You can change jobs while on H-1B status without losing your visa. Your new employer must file an H-1B transfer petition before you start working for them. Under portability rules, you can begin the new job as soon as the transfer petition is filed, without waiting for approval. Justin manages the transfer filing so the transition between employers happens without a gap in your work authorization.

H-1B Amendments

If your job duties, work location, or salary change significantly after your H-1B is approved, your employer may need to file an amendment with USCIS. Justin advises on whether a change in your employment situation requires an amendment and files it promptly when needed.

Cap-Exempt Employers

If you are moving to a university, a nonprofit affiliated with a university, or a qualifying research organisation, your new employer can file an H-1B petition at any time of year without going through the lottery. Justin confirms cap-exempt status before filing.

H-1B Status and Your Path to a Green Card

The H-1B is a dual intent visa, meaning you can maintain valid nonimmigrant status while actively pursuing an employer-sponsored green card. Initiating your PERM and Form I-140 filings early locks in your priority date, a crucial step for backlogged applicants from countries like India and China.

Justin Kadich maps out your H-1B renewals and permanent residency track simultaneously to prevent gaps in your work authorization. He provides strategic guidance on navigating job changes, utilizing AC21 regulations to secure H-1B extensions beyond the standard six-year cap, and managing concurrent timelines.

Your Attorney

Working Directly With Justin

Justin Kadich handles every H-1B case at American Dream Immigration personally. When your employer contacts the firm, they speak with Justin directly. He prepares the LCA, manages the lottery registration, and builds the full petition package without passing the work to a paralegal or case manager. H-1B petitions that do not clearly establish the specialty occupation nature of the role are a common target for USCIS requests for evidence, particularly in technology and consulting. Justin structures your petition to address the specialty occupation standard with the right combination of job description evidence, industry data, and degree documentation so the officer does not have to look far for the information they need.

Frequently Asked Questions

What happens if my H-1B registration is not selected in the lottery?

If your registration is not selected, your employer can try again in the following year’s lottery. In the meantime, you may be able to maintain work authorization through another visa category such as an O-1, L-1, or TN depending on your background and nationality. Justin reviews your options if your registration is not chosen.

Can I work for a second employer while on H-1B status?

Yes. You can work for a second employer at the same time as your primary H-1B employer, but the second employer must also file a separate H-1B petition for you. Concurrent H-1B employment is allowed as long as both petitions are approved and both employers are paying the required prevailing wages.

What happens to my H-1B status if my employer lays me off?

If you are laid off, your H-1B status technically ends. However, you have a 60-day grace period to find a new employer and have them file an H-1B transfer petition, change to another valid status, or prepare to depart. Justin advises on the fastest way to protect your status if your employment ends unexpectedly.

Does my family get work authorization through my H-1B?

Your spouse and unmarried children under 21 can come to the United States on H-4 dependent visas. H-4 visa holders cannot work by default, but spouses of H-1B holders who have an approved I-140 petition may be eligible to apply for H-4 EAD work authorization. Justin explains this option during your consultation.

Can I start a green card process while on H-1B status?

Yes, and it is often advisable to start as early as possible. Beginning the PERM or I-140 process early locks in a priority date and can eventually allow for H-1B extensions beyond the standard six-year limit. Justin maps out your green card timeline alongside your H-1B renewals so both tracks move forward together.

Keep Your Career Moving With the Right Work Visa

An H-1B visa is not just paperwork. It is the foundation your entire career in the United States is built on. A missed lottery registration, a poorly prepared petition, or an extension filed late can bring everything to a halt. Justin Kadich helps professionals and their employers in Arlington and surrounding communities file H-1B petitions that are built correctly from the start. Schedule a consultation with Justin to go over your job offer, your degree, and your employer’s timeline. You will work directly with an attorney who handles your petition personally from the LCA through to your approval notice.