How the H-1B Process Works

Registration and the cap

Most H-1B petitions are subject to an annual numerical cap, with beneficiaries entered through an electronic registration and selection process. Timing is fixed by the government's calendar — miss the registration window and the case waits a year. Cap-exempt employers, including certain universities and nonprofit research organizations, can file year-round.

The Labor Condition Application

Before the petition, the employer must obtain a certified LCA committing to the required wage and working conditions. Errors here are not clerical — they surface in audits and site visits.

The petition and the specialty-occupation standard

The petition must establish that the role genuinely requires a degree in a specific specialty and that the beneficiary holds the required credentials. Requests for Evidence in this category concentrate on exactly this point, and a petition assembled anticipating the RFE is faster and cheaper than one repaired after it arrives.

Beyond the Initial Petition

We handle extensions, amendments when the role or worksite changes, H-1B portability when a professional changes employers, and the transition from H-1B to permanent residence. Dependents' H-4 status — including work authorization where eligible — is coordinated in the same strategy, not treated as an afterthought.