Today’s competitive business environment has U.S. companies across all industries recruiting the most talented workers possible, including many foreign nationals. The H-1B visa category allows companies to hire qualified foreign workers in specialty occupations on a temporary basis.

What qualifies as a “specialty occupation?” The U.S. Citizenship and Immigration Services (USCIS) guidelines state that “the nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.” Common examples of qualified positions include engineers, professors, medical professionals, and researchers.

The employment-based immigration attorneys at Henry & Grogan in Philadelphia provide personalized guidance through the H-1B visa application process. We will complete and file all forms in a timely manner, keep you updated on the status of your petition, and submit petitions for extensions or adjustment of status when necessary. In most instances, our services for H-1B petitions are offered for a competitive flat fee.

Contact our law office today to book a consultation with an H-1B visa lawyer in Philadelphia, PA.

The H-1B Visa Process

One of the most important aspects of the H-1B specialty occupation visa is that it is employer-sponsored. This means you cannot file for this visa on your own. A U.S. employer must offer you a qualifying job and then file a petition on your behalf. The general process includes:

• Filing a Labor Condition Application (LCA) with the Department of Labor
• Submitting the H-1B petition to the United States Citizenship and Immigration Services (USCIS)
• Responding to any Requests for Evidence (RFEs) or issues that may arise

Because there is an annual cap on most H-1B visas and a registration/lottery system, timing is crucial. In fact, missing a filing window or making a single paperwork error can cost you an entire year. The H-1B visa attorneys at Henry & Grogan help employers and beneficiaries plan ahead, stay organized, and meet every important deadline.

Key H-1B Restrictions You Should Know

While the H-1B visa application can be a powerful pathway to work in the U.S., it also comes with strict rules and limitations. Some of the most important restrictions include:

• Employer- and Position-Specific Status: Your H-1B is tied to a particular employer and job. A significant change in job duties, work location, or employer may require an amendment or a new petition.
• Prevailing Wage Requirements: Employers must generally pay at least the prevailing wage for the occupation in the area of employment to protect both H-1B workers and U.S. workers.
• Limited Period of Stay: H-1B status is typically granted for an initial period of three years, with the possibility of extensions up to a maximum of six years.
• Grace Periods During Unemployment: If your employment ends, you may only have a limited window to find a new sponsoring employer, change status, or depart the U.S.

Because a mistake on any of these points can lead to status problems or even denial of your petition, it’s wise to work with H-1B attorneys who understand not only the law but also how USCIS is currently interpreting and enforcing those rules. Henry & Grogan’s lawyers in Philadelphia stay up-to-date on policy shifts and practical trends so they can provide you with accurate, real-world guidance.

How Long Can You Stay in the U.S. With an H-1B Visa?

A foreign worker can be in H-1B status for a maximum of six years, although exceptions are made for noncitizens working on Defense Department projects. After six years, the foreign worker must remain outside of the U.S. for one year before another H-1B petition can be approved. Extensions are possible under certain circumstances.

Contact an H-1B Visa Lawyer in the Philadelphia Area Today

There are a number of precise requirements for employers as well as H-1B applicants. By working with our knowledgeable special occupation visa attorneys, you are assured of keeping the process on track and on schedule. Call us or use our online contact form to schedule a free consultation. We work with clients throughout Southeastern Pennsylvania and neighboring states.

H-1B Visa FAQs

What are common reasons for H-1B visa denials?

The USCIS can deny an H-1B petition for many reasons, but some of the most common include:

• Questioning the Status of “Specialty Occupation:” The USCIS may decide the job does not actually require a bachelor’s degree in a specific field, especially if the duties are described too generally or resemble a lower-level role.
• Insufficient Evidence of Qualifications: The petition failed to prove that the employee has the specific degree (or equivalent experience) required for the special occupation visa.
• Employer-Employee Relationship Concerns: This is a major issue for consulting models or when an employee works off-site at a client location. USCIS wants proof that the petitioning employer (not the end client) retains the right to hire, fire, pay, and control the employee’s work.
• Prevailing Wage or LCA Issues: Problems with the Labor Condition Application or wage level selection can also negatively impact the case.

If your petition was denied or you received a Request for Evidence, an H-1B visa attorney from our Philadelphia office can help you understand the reasons, explore options for refiling or appealing, and develop a stronger, more targeted strategy.

How is an H-1B visa different from EB-1, EB-2, and EB-3 employment-based visas?

The H-1B visa is a nonimmigrant (temporary) work visa, while EB-1, EB-2, and EB-3 visas are immigrant (permanent residence/green card) categories. 

In many cases, people use the H-1B to start working sooner rather than later while an employer pursues an EB-1, EB-2, or EB-3 green card case on their behalf. Our H1B visa lawyers and employment-based immigration attorneys can help you understand which solution would be best for your situation.

Can my spouse and children come with me on an H-1B visa?

Spouses and unmarried children under 21 may often qualify for H-4 status as dependents of the H-1B worker. In some situations, H-4 spouses may also be eligible for work authorization. Henry & Grogan can advise you on how your special occupation visa affects your family and what steps to take so everyone’s status is properly protected.