What to Know About H-1B Visas
There are two main requirements to obtaining an H-1B visa. First, employers must demonstrate a need for someone in a specialty occupation. Second, the foreign national must have the required degree or its equivalent in a subject closely related to the position.
Further, applicants must have a job offer from a qualified U.S. employer for work to be performed in the U.S., and the applicant must be paid according to market value. The employer must file an attestation with the Department of Labor stating that they will pay the applicant the prevailing wage.
Our office has successfully obtained H-1B visas for various positions, including:
- Computer professionals
- Data programmers
- Technology officers
- Dieticians
- Electronics specialists
- Architects
- Accountants
- Doctors
- Lawyers
- Fashion designers
- Graphic designers
- Journalists
- Industrial designers
- Interior designers
- Investment analysts
- Market research analysts
- Range managers
- Marketing managers
- Psychologists
- Medical technologists
- Social worker
- Teachers
- University professors
Regular H-1B visas are subject to an annual cap. While those with advanced degrees (master's degree or higher) have a slight advantage in the application process, there is a random lottery to determine which application will be approved. Certain H-1B visas are not counted against the statutory cap.
H-1B Cap Registration Process
The H-1B visa program allows U.S. employers to hire foreign workers in specialty occupations. Because the number of available H-1B visas is capped annually, USCIS conducts a structured registration and selection process to determine who may proceed with a petition.
Key Dates and Timeline
For Fiscal Year 2026, the registration period opens at noon Eastern on March 7, 2025, and closes at noon Eastern on March 24, 2025. During this window, employers and authorized representatives must create or use their USCIS online accounts to electronically register each beneficiary and pay a $215 fee per registration.
Each registration must include identifying details about the beneficiary, including a valid passport or travel document that the beneficiary intends to use to enter the United States. USCIS uses this information to help prevent duplicate registrations and streamline processing.
Beneficiary-Centric Selection Model
USCIS uses a beneficiary-centric selection system. This means each beneficiary has an equal opportunity of selection, regardless of how many employers submit a registration for that individual. Duplicate registrations for the same beneficiary by the same employer are not permitted and may result in disqualification.
After the registration window closes, USCIS conducts a random selection process if the number of registrations exceeds the statutory cap. For H-1B cap-subject petitions, the annual limit includes 65,000 regular cap visas and an additional 20,000 for beneficiaries holding a U.S. master’s degree or higher.
What Happens After Selection
Employers with selected beneficiaries will be notified via their USCIS online accounts by March 31. These selected registrants are then eligible to file full H-1B petitions for the upcoming fiscal year. The filing period begins April 1 and remains open for at least 90 days.
This step includes filing a Labor Condition Application (LCA) with the Department of Labor, assembling supporting documentation, and submitting Form I-129 with USCIS.
Organizational Account Tools
To support high-volume registrants, USCIS offers an upgraded organizational account system. Employers and legal representatives can collaborate in real time, and bulk upload tools are available to streamline data entry.
Employers are strongly encouraged to begin preparing well in advance of the March registration window. At Pollak PLLC, our team helps clients stay ahead of key dates, avoid registration errors, and maximize the likelihood of success in the competitive H-1B selection process.
Eligibility for H-1B Visa
Qualifying for an H-1B visa requires meeting specific legal criteria that apply to both the prospective employee and the sponsoring U.S. employer. U.S. Citizenship and Immigration Services (USCIS) enforces these eligibility requirements rigorously, and even minor mistakes or omissions can lead to delays or denials. At Pollak PLLC, we help clients understand these requirements from the outset and develop strong applications that withstand review.
Specialty Occupation Requirement
The foundation of the H-1B visa category is the concept of a "specialty occupation." To meet this requirement, the position offered by the U.S. employer must:
- Require a theoretical and practical application of a body of highly specialized knowledge; and
- Require a bachelor's degree or higher in a specific specialty, or its equivalent, as a minimum for entry into the role.
Common qualifying fields include engineering, computer science, mathematics, finance, medicine, architecture, and education. If the position does not clearly meet this threshold, USCIS may request additional evidence or deny the petition.
Educational Credentials
The foreign national must meet the academic qualifications for the offered role. This typically means:
- Holding a U.S. bachelor's degree (or higher) in a field directly related to the job; or
- Possessing a foreign degree equivalent to a U.S. bachelor's degree in a relevant discipline.
In cases where no degree is held, applicants may still qualify if they can demonstrate progressive experience and expertise—typically 12 years or more—in the field. At Pollak PLLC, we work with credential evaluation services to ensure educational equivalency and help clients prepare documentation to meet these stringent standards.
Valid Job Offer and Employer Requirements
The applicant must have a bona fide job offer from a U.S. employer who is willing to act as the visa sponsor. The employer must:
- Demonstrate a legitimate need for a professional in a specialty occupation;
- Pay the required prevailing wage or actual wage for the role, whichever is higher; and
- Comply with Department of Labor regulations, including posting a Labor Condition Application (LCA).
Pollak PLLC guides employers through each regulatory step, ensuring that the petition is consistent with legal requirements and that all wage and worksite obligations are satisfied.
Maintaining Compliance and Lawful Status
Applicants must also maintain lawful immigration status throughout the application process. This includes timely responses to Requests for Evidence (RFEs), up-to-date employment documentation, and, if applicable, adherence to the terms of any prior visa status.
Our firm offers ongoing compliance support and application monitoring to protect our clients' status while the petition is pending. We identify potential risks early and provide practical solutions to keep your immigration strategy on track.
Pollak PLLC helps both individuals and employers navigate these complex eligibility rules. We provide clear, detailed guidance to confirm that each aspect of the H-1B application meets USCIS standards and is backed by robust documentation. If you are unsure whether a job or applicant qualifies for H-1B status, our team can evaluate your situation and provide a roadmap forward.
H-1B Visas Not Subject to the Annual Cap
Some H-1B petitions are not subject to the annual H-1B cap. These include individuals who have already been counted toward the cap in a previous year and have not been outside the U.S. subsequently for more than one year. Also, certain employers, such as universities, government-funded research organizations, and some nonprofit entities, are exempt from the H-1B cap.
Additionally, there is a certain number of H-1B visas reserved for citizens of Chile and Singapore.
The goal of our law office is to make sure all cases are reviewed and ready for the H-1B Cap Registration submission weeks in advance of the March 1, 2023 H-1B Cap Registration submission start date. Click here for more information on improving your chances of getting approved for an H-1B visa.
The Benefits of Working With an Immigration Attorney
Navigating the H-1B visa process is complex. From determining eligibility to compiling documentation and meeting filing deadlines, there are multiple points where a misstep can cause delays or denials. Working with a skilled immigration attorney offers critical advantages, particularly when dealing with a high-demand, high-scrutiny visa category like the H-1B.
Strategic Case Evaluation
One of the most valuable services an immigration attorney provides is a thorough assessment of your case. At Pollak PLLC, we examine whether your position qualifies as a specialty occupation, taking into account the nature of the role and the complexity of the job duties. We also review your academic background to determine if your credentials align with the position's requirements, and we assist with any necessary credential evaluation. Additionally, we confirm that your employer meets all regulatory requirements and identify potential red flags early to reduce the chance of delays or additional scrutiny from USCIS.
By addressing these factors early, we help you move forward with confidence and clarity.
End-to-End Petition Support
Preparing an H-1B petition involves far more than filling out forms. It requires assembling persuasive, well-organized evidence that meets legal standards. Our firm handles every stage of the petition, including:
- Drafting and filing the Labor Condition Application (LCA);
- Gathering and organizing supporting evidence, including academic records, resumes, and position descriptions;
- Preparing employer attestations and organizational documentation;
- Filing the Form I-129 petition with USCIS and managing any subsequent correspondence.
Our goal is to present a clear, well-supported petition that minimizes the likelihood of Requests for Evidence (RFEs) or denials.
Compliance Guidance for Employers
For employers, the H-1B process comes with strict legal obligations under federal labor law. Non-compliance can lead to penalties and affect future ability to sponsor foreign workers. Pollak PLLC assists employers in understanding their responsibilities, from ensuring wage and worksite disclosure compliance to preparing for potential Department of Labor audits. We also help clients understand key timing requirements and documentation protocols before, during, and after filing the petition, providing the clarity and structure necessary to meet regulatory standards confidently.
Problem-Solving and Contingency Planning
Unexpected issues can arise at any stage of the visa process. Whether it's a delay in approval, a request for additional evidence, or a change in employment circumstances, our firm is prepared to respond quickly and effectively. We work proactively to:
- Anticipate potential obstacles and build responses in advance;
- Address RFEs with tailored legal arguments and additional documentation;
- Explore alternative visa options when needed.
With Pollak PLLC, you don't just get legal representation—you gain a strategic partner committed to helping you achieve your immigration goals. We bring experience, attention to detail, and a deep understanding of immigration procedures to every case, making the process less stressful and more predictable for both applicants and employers.
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