Boston H-1B Visa Lawyers for Professional Employees in Specialty Occupations

What is an H-1B Visa?

An H-1B visa is a temporary non-immigrant U.S. work visa for professionals in specialty occupations. It allows a foreign national with at least a bachelor’s degree (or equivalent work experience) to legally work in the United States if:

• The job requires a bachelor’s degree or higher in a specific field, and
• The U.S. employer agrees to pay at least the prevailing wage for that position in the geographical area of employment.

This visa category is commonly used for jobs in fields such as:

• Technology and Computer and Data Science
• Engineering and Math
• Healthcare and Bio Sciences
• Finance, Accounting and Business Management
• Education and Research
• Architecture

Note: H1-b Visas are also available for fashion models, however, different standards for eligibility apply.

Under an H-1B visa, the person will be in non-immigrant status (meaning that the person will not be residing permanently in the U.S.). However, the individual may also apply for permanent residency ^[1], given that the H-1b visa is a dual intent non-immigrant visa.

Who is eligible for an H-1B Visa ?

The H-1B visa is designed for foreign professionals who have the education and skills required for a specialty occupation in the U.S. (their dependents are eligible for an H-4 visa).

You may qualify for an H-1B visa if you have the following Requirements:

• A job offer in the U.S. with a company willing to sponsor you,
• A job offer for a position which is professional—requiring at least a 4 year college degree (Bachelor’s Degree)
• A salary that meets the prevailing wage and working conditions which are the standard for that position in the geographic area where you will be working,
• A bachelor degree or a combination of education and /or work experience which is the equivalent of a bachelor’s degree in a field of study directly related to the position.

A specialty occupation typically includes careers in areas such as IT, engineering, healthcare, finance, architecture, sciences, education, and other professional fields that require advanced training, including fashion models.

If you have the required education or equivalent experience and a qualifying job offer, the H-1B visa can provide a temporary pathway to work legally in the U.S., with the possibility of applying for permanent residency.

Important Note Regarding H1b Visa Limitations

By law, H-1b visas are capped ^[2] to a maximum of 65,000 visas (for professionals with a bachelors’ degree) and 20,000 visas (for advanced degree professionals) available each year. There are certain H-1B visas not subject to the yearly cap or maximum (non-capped H-1b visas), available for employees of universities, government agencies and non-profit research organizations.

Do H-1B Visas qualify for premium processing?

Yes, H-1B visas filed in the U.S. qualify for the Premium processing option ^[3].  This means that for a premium processing fee, USCIS commits to processing the H1b application within 15 business days from receipt of the application. This does not mean that there will necessarily be a final decision within 15 business days, but that there will be a response by this time. This response may be a visa approval, a denial or a request for additional evidence (RFE) ^[4].

Duration of an H-1B Visa

An H-1B visa may be issued for a maximum of 3 years and they are renewable for up to six years.  Time spent outside the United States, or without working during an H-1B visa transfer, does not count toward these six years. Also, if an application for permanent residency and/or a petition for labor certification was filed before the first day of your six-year visa period, under Act 21 (AC21), you may qualify for a seventh year extension that can be renewed multiple times.

H1B Visa Renewal / Extension

In most instances an H1b visa can be renewed or transferred repeatedly, for a total of 6 years of validity. The visa holder may also apply for a Green Card or US permanent residency after or at the same time as applying for the H-1 visa (as a dual intent applicant). Extensions beyond 6 years, commonly known as 7th year extensions ^[5], are available for individuals for whom:

1. An LCA (Labor Condition Application – Form ETA 9089) was filed prior to the beginning of their 6th year of their  H1b visa status, and
2. This LCA is pending; or if it has been approved, there is a related I-140 (employment based residency visa petition) pending or approved.

In the event the H-1B beneficiary seeks alternative employment, they will need to transfer the H-1B visa. The H-1B visa holder / beneficiary may begin working in the new job prior the approval of this transfer, however, if the transfer is not approved the original H-1B visa will be lost. It is therefore recommended to complete the transfer of the H-1b visa before starting work in a new job.

Family Benefits of an H1-B Visa

H-1B dependents (family members) can apply for  H-4 visas.  With H-4 visa status, family members can live and study in the U.S. as long as the “primary” H-1B visa remains valid.

The spouse of a person with an H-1B visa can apply for work authorization (I-765) if they are present in the U.S. with an H-4 visa and if the H-1B non-immigrant spouse:

• Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker ^[6]; or
• Has been granted a 7th year extension H-1B Visa.

Employer Obligations when Sponsoring an H1-B Visa

The following are the primary obligations for Employer H-1b Sponsors:

• Pay the H-1B employee the required wage no later than 30 days from the H-1B employee’s entry into the U.S., or 60 days from the approval date of the visa petition, if the H-1B employee is already in the U.S.
• Provide employment consistent with the conditions in the LCA and H1-B visa petition, specifically regarding salary, position, job duties, and location of work site (this is very important to keep in mind if thinking of working remotely in a different location than the one approved with the H-1b visa).
• Keep a copy of the LCA application and appropriate employment and wage records supporting the validity of the statements made in its LCA application and shall make it available in the event that the U.S. Department of Labor or the USCIS requests it.
• If the H-1B employee is terminated for any reason before their authorization to work in the U.S. expires, the employer is liable for the reasonable transportation costs (up to $500.00) for the to return to their last place of residence.
• The employer is prohibited from charging a terminated H-1B employee a penalty for leaving their employment prior to any agreed date.
• If there are any material changes to the conditions set forth in the H-1b Visa petition and the supporting LCA, the USCIS and/or the Department of Labor should be notified.

There are additional job posting requirements or “attestations” imposed on employers that are H-1B dependent. The guidelines below established by the Immigration and Nationalization Act (INA) determines that an employer is H-1B dependent if:

• The employer has a total of 1 to 25 FTE (Full-time equivalent) employees, and employs 7 or more
  H-1B employees.
• The employer has a total of 25 to 50 FTE  employees, and employs 12 or more H-1B employees.
• The employer has a total of 51 or more FTE  employees, and 15% or more of those employed are H-1B employees.

Note: H-1B employees that have a minimum of a Master’s degree or earn U.S. $60,000 or more, exempt their employers from these additional job posting requirements or “attestations”.

Documents Needed for an H-1B Visa

The following documents must be presented to the U.S. Immigration Service with their English translation in support of an H-1 visas application. It is cost-effective and therefore recommended to our clients that they bring these documents translated to our office:
Documentation needed from Employee/Beneficiary of an H-1B visa:

• Copy of birth certificate (if requested)
• Copy of passport, current visa, and I-94 form (if you received one when you entered the U.S.)
• Copies of university transcript(s)
• Copy of résumé / Curriculum Vitae
• Copy of any relevant educational certificates or diplomas
• Copy of any prior H-1B petitions filed with USCIS
• Letter(s) of recommendation may be required from:
  • 1. present employer
  • 2. previous employer (if possible)
  • 3. previous instructors/professors (if possible)

Documentation Needed from Petitioner/Employer Sponsoring the H-1B visa:

• A detailed job description outlining duties and responsibilities and minimum experience and education required for the position, that establish a requirement for a bachelors’ degree or greater to perform the job.
• Employment offer letter including position and salary.
• Copy of tax records or similar financial records  that demonstrate the ability to pay the employee the prevailing wage for the job
• Employer Address, telephone, fax numbers, and email addresses of company officers involved in the H-1B petition
• Employer Tax ID number
• Name and title of direct supervisor
• Description of the employer’s business and the business date of inception
• Copy of Company’s Articles of Organization issued by the state government
• Number of current employees at sponsoring company
• Number of current employees with H-1B visas at sponsoring company
• Copy of relevant marketing material describing the employer and its business

Process to Apply for an H-1B Visa

Since 2020, all potential H-1B Cap petitioner employers must complete a registration process that is open March of each year, after petitioners create an H-1B registration account.  For 2026, petitioners must register each prospective beneficiary for the lottery for an nonrefundable registration fee of $215.00, starting at noon ET on March 4 2026,  through March 19, 2026.

The lottery selection will be done after the registration period closes, so it is not required to register on the first day of the registration period.  If a registration for a prospective beneficiary is selected for an H1b Visa, then the company will be able to submit a complete application. USCIS intends to notify the H1B lottery winners by March 31st each year, and the complete H-1B application with supporting documentation must be submitted within 90 days of being notified of the selection.

The New USCIS H-1B Visa Selection Process

Beginning with the FY 2027 cap season, U.S. Citizenship and Immigration Services (USCIS) has fundamentally changed how H-1B cap registrations are selected. The traditional random H-1B lottery system has been replaced with a wage-based weighted selection model that gives preference to higher-paid and more specialized positions.

This shift significantly impacts both U.S. employers sponsoring foreign talent and professionals seeking H-1B visa status.

Major Updates to the H-1B Cap Lottery System

Wage-Weighted Selection Replaces the Random Lottery

Under the previous system, when H-1B registrations exceeded the annual cap of 85,000 visas, USCIS conducted a purely random lottery. That approach has now been eliminated.

Instead of drawing registrations at random, USCIS now assigns each properly submitted H-1B registration a weight based on the offered wage level for the position. The higher the wage level, the greater the statistical advantage in the selection pool.

In practical terms, this means that compensation is now a key factor influencing the likelihood of H-1B selection.

Prevailing Wage Levels Directly Impact Selection Odds

The new H-1B selection system relies on the Department of Labor’s prevailing wage classifications:

• Level I – Entry Level
• Level II
• Level III
• Level IV – Fully Experienced / Highly Specialized

Under the revised process:

• Higher prevailing wage levels receive proportionally greater weight in the selection system.
• A Level IV position may have significantly stronger odds of being selected than a Level I position.
• Entry-level roles remain eligible, but they may face reduced statistical probability compared to higher-wage roles.

By prioritizing wage level, USCIS is signaling a policy emphasis on highly skilled, specialized, and competitively compensated positions.

What the New H-1B Selection Model Means

The wage-based H-1B lottery system does not change the annual visa cap numbers (65,000 regular cap + 20,000 advanced degree cap). However, it does change how competitive the process becomes at each wage tier.

For employers, strategic wage planning and accurate prevailing wage analysis are now more important than ever.

For foreign professionals, higher-salary job offers in specialized fields may improve overall selection probability under the H-1B cap.

Stages for Submitting a Complete H-1B Visa Application with Estimated Duration

Stage One

Retrieving the prevailing wage from the Bureau of Labor Statistics for the position offered in the location where it will be performed (1 day).

The prevailing wage for a position may be obtained from the Foreign Labor Certification Data Center’s Online Wage Library ^[7] for prevailing wage determinations.

Stage Two:

Obtaining approval of the labor condition application (LCA), form ETA 9035 by the U.S. Dept. of Labor (Approximately 1-4 weeks), attesting to compliance with the requirements of the H-1B, H-1B1 or E-3 program.

In order to file an LCA the employer may have to be registered with the Foreign Labor Application Gateway System (FLAG System ^[8]) of the U.S. Department of Labor.

NOTE LCAs may not be submitted more than 6 months before the beginning date of the period of employment.

Stage Three:

Filing and obtaining approval of the H-1B visa application, consisting of forms: I-129, I-129 H and I-129 W (Approximately 90-180 days).

In certain circumstances, the USCIS may issue an RFE (request for further evidence) ^[4] requesting additional documentation to support the application. If an RFE is issued, it is important to work with the attorney to provide the additional information to USCIS and to prepare a response with the appropriate analysis and legal arguments. This last scenario would increase the amount of time required to complete the process and increase the legal fees due, depending on the amount of additional work required.

Note: Time estimates vary depending on the volume and processing times of the different U.S. Immigration Service centers.

• The H1B attorney fees / (see our legal fees ^[9] for an H1B visa), and
• The H-1B visa USCIS filing fees ^[10] for an I-129, an Employment Fund Fee depending upon size of the company (varies depending on number of employees and on weather the company is a non-profit research institution), a visa fraud fee (for an initial visa not a renewal), a Public law 111-230 fee (for companies with more than 50 employees and more than 50% of employees in H1B status, except if the company is renewing the visa for a current employee) plus the fee for an I-907 if requesting premium processing when available (always verify the USCIS filing fees as these change regularly)

New $100,00.00 H-1B Visa Surcharge for Certain Petitions

Under the Presidential Proclamation restricting entry of certain nonimmigrant workers, there is a new $100,000 H-1B visa surcharge ^[11] that typically applies when the H-1B beneficiary must complete consular processing abroad rather than receiving approval inside the U.S.

Situations That Trigger the $100,000 H-1B Fee

• The H-1B petition requires consular processing, port-of-entry notification, or pre-flight inspection for a beneficiary who does not already hold a valid H-1B visa.
• A petition filed as a change of status, extension of stay, or amendment is denied by USCIS, and the beneficiary is instructed to apply for the H-1B visa at a U.S. consulate abroad.

In many cases, this requirement arises due to immigration status complications, including:

• Failure to maintain lawful immigration status in the United States.
• Departure from the U.S. before USCIS adjudicates the pending H-1B petition.
• USCIS denial of a change-of-status or extension request for procedural or status-related reasons.

When consular processing becomes necessary in these circumstances, the $100,000 entry-based H-1B fee may be imposed.

H-1B Petitions Excempt from the $100,000 Surcharge

Not every H-1B filing is subject to the new surcharge. Many common H-1B petitions are exempt from the additional $100,000 fee.

The Fee Does NOT Apply When:

• The H-1B petition was filed before September 21, 2025.
• The foreign worker already holds valid H-1B status or an H-1B visa, including transfers between employers.
• USCIS approves a change of status, extension, or amendment filed inside the United States, even if filed on or after September 21, 2025.

This includes:

• H-1B extensions for individuals already in valid H-1B status.
• H-1B change-of-employer petitions (commonly referred to as H-1B transfers).
• Amendments to previously approved H-1B petitions.
• Change-of-status petitions filed within the U.S., such as F-1 to H-1B.
• Petitions filed by certain cap-exempt employers, including qualifying universities and nonprofit research organizations.

Additionally, if an H-1B petition is approved in the U.S. and the worker later travels abroad solely to obtain a visa stamp, the $100,000 fee may not be triggered.

Because improper fee submission can result in rejection, delay, or compliance issues, employers should carefully confirm whether the surcharge applies before filing.

6. Is there a benefit or preference for an H-1b Visa if I have a Masters degree that I obtained in the US?

15. What is my immigration status while my H-1b Visa transfer application is pending?

16. What is my immigration status while my first H-1b Visa application is pending?

Where can I get more Information on H-1B Visas?

• Rights of H-1B Workers ^[23]
• H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models ^[11]
• H-1B Fiscal Year (FY) Cap Season ^[19]
• Premium or fast processing of H-1B visas ^[3]