H-1B Visa Attorney for Employers and Professionals
The H-1B is the most widely used work visa in the United States — and one of the most procedurally demanding. We help employers build petitions that hold up under USCIS scrutiny, and we help international professionals understand exactly where they stand throughout the process.
What the H-1B Visa Is and Who It Covers
The H-1B visa allows U.S. employers to hire foreign nationals in specialty occupation roles — positions that require at least a bachelor's degree or its equivalent in a specific field of study. Engineering, information technology, finance, architecture, accounting, and medicine are among the most common qualifying categories, but the list extends well beyond those fields.
Eligibility turns on two questions: whether the position itself qualifies as a specialty occupation, and whether the candidate holds the credentials required for that role. Both must be established in the petition. A weak answer to either question is the most common reason H-1B petitions face a Request for Evidence or an outright denial.
What Jobs Qualify for an H-1B Visa?
A position qualifies as an H-1B specialty occupation when it meets at least one of the following criteria established by USCIS:
- A bachelor's degree or higher in a specific field is the standard minimum entry requirement for the position in the industry
- The degree requirement is common for similar positions at comparable organizations
- The employer normally requires a degree for the position, even if that is not universal across the industry
- The duties are so specialized and complex that the knowledge required to perform them is typically associated with a bachelor's-level education
Roles in software development, financial analysis, civil and mechanical engineering, architecture, and clinical medicine regularly qualify. Positions with generalized duties or broad educational requirements face closer scrutiny. We evaluate the specific job description and industry context before any petition is filed — not after.
How the H-1B Petition Process Works
The H-1B program operates on an annual cap, with most petitions subject to a lottery conducted each spring for the following federal fiscal year. Cap-exempt employers — including universities, nonprofit research organizations, and government research institutions — may file outside the lottery window.
1. Registration and Lottery Selection
USCIS opens an electronic registration window each March. Employers register each prospective H-1B worker during that window. If demand exceeds the annual cap (as it consistently has for general-category petitions), USCIS conducts a random selection. Only registered beneficiaries who are selected may proceed to a full petition.
2. Petition Preparation and Filing
Following selection, the employer files a complete Form I-129 petition with supporting documentation establishing specialty occupation status, the candidate's qualifying credentials, and the employer's ability to pay the required wage. Accuracy and completeness at this stage directly affect processing time and the likelihood of a Request for Evidence.
3. USCIS Adjudication
USCIS reviews the petition and either approves it, issues a Request for Evidence requiring additional documentation, or denies it. Premium processing — which guarantees a response within 15 business days — is available for an additional fee and is worth considering when timing is critical.
4. Visa Stamping (If Applicable)
Foreign nationals outside the United States must obtain an H-1B visa stamp at a U.S. consulate or embassy before entering the country in H-1B status. Those already in the U.S. in another valid status may be able to change status without leaving.
What We Handle for Employers and Employees
We work with both sides of the H-1B relationship. For employers, that means managing the full petition cycle — from evaluating whether a position qualifies to responding to Requests for Evidence and handling extensions and amendments as the employment relationship evolves. For international professionals, it means explaining where you are in the process, what your status allows you to do, and what comes next.
Our immigration practice is federal in scope. Whether your company is based in Pittsburgh, another U.S. city, or you are an international professional working with a U.S. employer, we can represent you.
- H-1B cap-subject and cap-exempt petitions
- H-1B extensions and renewals
- H-1B amendments following job changes or worksite relocations
- Responses to Requests for Evidence (RFEs)
- H-1B to green card transition planning
- Concurrent H-1B petitions for employees working with multiple employers
- Consular processing and visa stamp appointments
H-1B and the Path to Permanent Residence
For many international professionals, H-1B status is not the destination — it is the bridge. H-1B holders are eligible to pursue employment-based green cards while maintaining their work authorization, and H-1B status can be extended beyond the standard six-year maximum in certain circumstances when a green card petition is already in progress.
Planning that transition early matters. The employment-based green card process — including PERM labor certification for most EB-2 and EB-3 categories — takes time, and the earlier the process begins, the more options remain available. We handle both sides of that transition and can advise on timing based on your specific situation.
Frequently Asked Questions About H-1B Petitions
How long does H-1B status last?
H-1B status is initially granted for up to three years and can be extended for an additional three years, for a total of six years. Extensions beyond six years are available in specific circumstances — most commonly when an employment-based green card petition has been pending for more than a year or when an immigrant visa number is not yet available.Can my H-1B employee work at a different location than what was listed in the original petition?
Potentially, but it depends on the nature and extent of the change. A move to a new worksite within the same metropolitan statistical area may not require an amendment. A move to a new location in a different area generally does. Failing to file a required amendment is a compliance risk for the employer and a status risk for the employee — we recommend reviewing any worksite change before it happens.What is an H-1B Request for Evidence, and how should we respond?
A Request for Evidence, or RFE, is a notice from USCIS indicating that the officer reviewing the petition needs additional documentation before making a decision. It is not a denial, but it must be taken seriously. The response must directly address every point raised in the RFE and be submitted within the deadline USCIS specifies. A well-prepared response can overcome most RFEs; a weak or incomplete one often results in denial.What happens to my H-1B status if I change employers?
H-1B status is employer-specific. If you change jobs, your new employer must file an H-1B transfer petition before you begin work with them. Under H-1B portability rules, you may be able to start working for the new employer as soon as the transfer petition is filed — provided your prior status was maintained and the petition is non-frivolous. We can walk through the specific requirements based on your situation.Does the H-1B cap apply to all employers?
No. Institutions of higher education, nonprofit organizations affiliated with such institutions, and government research organizations are exempt from the annual H-1B cap. This means cap-exempt employers can file H-1B petitions at any time of year without waiting for the lottery.
Our Process Makes It Simple
Here’s how we make estate planning in St. Louis approachable and efficient:
Practical Guidance, Not Pressure
Book a 15-minute call—we’ll discuss your needs and answer your questions.
2. Explore Your Options
We’ll explain wills vs. trusts and help you decide what works best for your life.
3. Draft and Review
Every document is carefully created and clearly explained.
4. Sign With Confidence
You leave knowing exactly what your plan covers and how it works.
Work Directly With an Experienced H-1B Attorney
Lisa Ventresca has concentrated her practice in immigration law since Ventresca & Ventresca LLP was founded in 1992. Every H-1B matter we handle is managed by an attorney with decades of direct experience — not delegated to junior staff. We respond quickly, we communicate clearly, and we are reachable when questions come up.
If you are an HR director managing an H-1B filing, an employer evaluating whether a position qualifies, or an international professional trying to understand your options, we are ready to help.
