How does an H-1B transfer work?

A new employer files a fresh I-129 petition on your behalf. Under H-1B portability, you may begin working for the new employer as soon as the transfer petition is received by USCIS — you do not have to wait for approval, and you do not re-enter the lottery.

How long can I stay on an H-1B?

The standard maximum is six years (an initial three years plus a three-year extension). Beyond six years, one-year or three-year extensions are available if you have a pending or approved green-card process that meets specific timing requirements under AC21.

What happens if I receive an RFE?

A Request for Evidence asks for additional documentation — often on the specialty-occupation argument, the employer-employee relationship, or the beneficiary's qualifications. We analyze the RFE, assemble targeted evidence, and submit a comprehensive response before the deadline.

Can my spouse work on an H-4 visa?

H-4 spouses can apply for an Employment Authorization Document (EAD) if the H-1B principal has reached certain green-card milestones, such as an approved I-140. Children in H-4 status may study but cannot work.

Can I apply for a green card while on H-1B?

Yes. The H-1B is a dual-intent visa, so you can pursue permanent residence — through PERM/EB-2/EB-3, EB-1, or an NIW — without jeopardizing your H-1B status. Many H-1B workers transition to a green card during their six-year window.

H-1B — Specialty Occupation Visa

What Is the H-1B Visa?

The H-1B is a nonimmigrant work visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations — roles that require theoretical and practical application of a body of specialized knowledge and at least a bachelor's degree (or its equivalent) in the specific specialty.

The H-1B is initially granted for up to three years and can be extended to a maximum of six years, with further extensions available in certain green-card scenarios. It is a dual-intent visa, meaning a worker may pursue permanent residence while holding H-1B status without jeopardizing their nonimmigrant standing.

Key Benefits of the H-1B Visa

Work authorization for up to six years (extendable in green-card cases).
Dual intent — pursue a green card without losing H-1B status.
Spouse and children eligible for H-4 status; some H-4 spouses can work.
Portability — start work for a new employer upon filing a transfer.
Cap-exempt options for universities, nonprofits, and research bodies.
Premium processing available for adjudication within 15 business days.

The H-1B Cap and Lottery

Congress limits new H-1B visas to an annual cap of 65,000, plus an additional 20,000 reserved for holders of a U.S. master's degree or higher (the advanced-degree exemption). Because demand routinely exceeds supply, USCIS runs an electronic registration and random selection process — the H-1B lottery — each spring.

Employers (or their attorneys) submit a brief electronic registration for each beneficiary during the registration window, typically in March. USCIS then conducts the random selection and notifies registrants whether they may file a full petition. Selected cases are filed for an October 1 start date, the beginning of the federal fiscal year.

Specialty Occupation Requirements

To qualify as a specialty occupation, the position must meet at least one of the following standards.

1. Degree Normally Required
A bachelor's or higher degree, or its equivalent, is normally the minimum entry requirement for the position.
2. Industry Standard
The degree requirement is common to the industry in parallel positions among similar organizations, or the role is so complex it can only be performed by a degreed professional.
3. Employer's Own Requirement
The employer normally requires a degree or its equivalent for the position, supported by hiring history.
4. Specialized and Complex Duties
The nature of the specific duties is so specialized and complex that the knowledge required to perform them is associated with attainment of a bachelor's or higher degree.

H-1B Application Process

A standard cap-subject H-1B follows these stages. Cap-exempt cases skip the registration and lottery and can be filed year-round.

Step 01

Electronic Registration & Lottery

The employer registers each beneficiary during the March window. USCIS conducts the random selection and issues results.

Step 02

Labor Condition Application (LCA)

We prepare and file the LCA with the Department of Labor, certifying the wage and working conditions for the role.

Step 03

I-129 Petition Filing

We draft and file Form I-129 with USCIS, including the specialty-occupation argument, evidence of the degree, and the certified LCA.

Step 04

Approval, Visa Stamping & Start

On approval, workers inside the U.S. begin or continue employment; workers abroad attend consular visa stamping before entering to start work.

Required Documents for H-1B

The exact set varies by employer and beneficiary, but most petitions include the following.

Beneficiary Documents

Passport biographical page
Degree certificates and transcripts
Credential evaluation for foreign degrees
Current résumé / CV
Prior I-797 approvals and I-94 (if changing or extending status)

Employer Documents

Detailed job description and minimum requirements
Certified Labor Condition Application (LCA)
Company support letter
Organizational chart and proof of business operations

Dependents (H-4)

Spouse and children passport pages
Marriage and birth certificates
Current immigration status documents

Frequently Asked Questions

Higher-education institutions, affiliated nonprofits, and certain governmental and nonprofit research organizations are exempt from the annual H-1B cap. Workers employed by these entities — or by a third party but working at a cap-exempt site in some cases — can file year-round without entering the lottery.