The H-1B visa allows U.S. employers to temporarily hire foreign professionals for roles requiring specialized knowledge, known as "specialty occupations".
The H-1B has changed more in the past year than in the past three decades, and the rules punish imperfect applications more than ever. The H-1B Visa Lawyers at Onal Gallant help employers, HR teams, startups, and skilled professionals move through this shifting system with a clear strategy.
New fees, a reworked selection process, and closer government scrutiny have raised the stakes for everyone involved. One misstep on a petition or a wage level can cost a selection slot, a hire, or a career plan.
Whether you are an employer sponsoring critical talent or a professional hoping to build a life in the U.S., we help you weigh the real hurdles and act with confidence.
Call our New Jersey office at (201) 508-0808 or our Texas office at (281) 909-4030 to schedule a confidential consultation.
The H-1B is a temporary work visa that lets a U.S. employer hire a foreign professional for a specialty job. A specialty job normally requires specialized knowledge and at least a bachelor’s degree, or its equal, in a field tied to the role.
The visa is always employer-sponsored, which means a company must petition for you. You cannot file for yourself. Common H-1B fields include technology, engineering, healthcare, finance, and science.
To qualify, the case generally must meet these conditions:
H-1B status is usually granted for up to three years and can often be extended to a maximum of six, with some exceptions.
Sorting out whether a role truly qualifies is one of the first things we assess. A weak specialty-occupation argument is a leading cause of denials.
The H-1B visa program now runs on strict, fast-changing rules where one error can sink a petition or waste a selection slot. A skilled lawyer helps you meet those rules and gives your case its strongest footing.
The value shows up in the results. Employers and workers who use experienced immigration counsel tend to file cleaner petitions, respond better to government challenges, and avoid the mistakes that lead to costly denials.
An H-1B immigration lawyer helps you in the ways that matter most:
This is not a form-filling exercise. When a hire, a project, or a family’s future rides on the outcome, careful legal guidance is the smartest protection you have.
Call (201) 508-0808 in New Jersey or (281) 909-4030 in Texas to talk through your H-1B options today.
The H-1B is reachable, but it is now full of obstacles that can stop a case cold. Knowing where petitions break down shows why careful legal help matters so much.
These are the hurdles that derail H-1B cases most often:
Any one of these can delay or defeat a petition. Most are manageable with early, careful planning. We anticipate these problems before they surface and build each case to withstand close review.
For cap-subject cases, a new rule replaces the old random lottery with a weighted process that gives more entries to higher-paid positions. This took effect for the current cap season, changing how selection odds work for employers and workers alike.
Under the older system, every registration had an equal, random chance. Now the government assigns each registration a wage level based on federal wage data, and higher wage levels receive more chances of selection.
The wage-weighted selection rule still picks individual beneficiaries. It simply tilts the odds toward higher-paid roles.
This shift creates real strategy questions:
Getting the wage level right is now central to a strong case. We help employers analyze roles against the annual H-1B cap and set defensible wage levels, so the registration and the petition line up and hold up under review.
A Request for Evidence means the government needs more proof before deciding, and it is not a denial. How you respond often decides the case, and a weak or late reply can turn a fixable issue into a lost petition.
RFEs commonly question whether the job is truly a specialty occupation, whether the worker’s degree fits the role, or whether the wage is proper. A denial is more serious, but it is not always the end of the road.
Depending on the situation, your options after a denial may include:
Each path has strict deadlines and a narrow margin for error. We build thorough, well-documented responses and, when needed, map out the strongest next step. Preserving the progress already made is often the difference between a delay and a defeat.
The H-1B rewards a firm that blends deep immigration knowledge with real business insight. With more than 20 years of practice and over 20,000 clients served, our team guides both employers and workers through a demanding, high-stakes process.
Our 65+ legal professionals work with both sponsoring employers and foreign workers. We understand the business pressure behind a hire and the personal stakes for the professional whose future depends on it.
We serve clients from around the world and assist in English, Spanish, and Turkish, so nothing gets lost in translation. You will always know where your case stands and what comes next.
H-1B policy is changing quickly, and yesterday’s playbook may not fit today’s rules. From our New Jersey and Texas offices, we track each change and adjust your strategy to keep your case on solid ground.
People researching the H-1B often arrive with the same pressing questions. Here are honest answers to the ones we hear most before a case begins.
H-1B filing fees can change in response to court rulings, agency guidance, and future government action. Employers and workers should not assume that a disputed or newly announced fee applies, or does not apply, without checking the current rule at the time of filing or consulting an experienced immigration attorney.
Before you move forward, our H-1B visa lawyer can review the latest legal authority, confirm which government fees apply to your case, and help you avoid filing decisions based on outdated information.
It depends on where the worker is and how the case is filed. A large supplemental fee applies to certain new petitions for beneficiaries outside the U.S. who need a visa through a consulate.
It generally does not apply to extensions or change-of-status petitions for people already in the U.S., such as students moving from F-1 to H-1B status. This fee is also being challenged in court, so the rules may shift, and we track them closely for your case.
Yes, in most cases. A process often called H-1B portability may let you begin work with a new employer once a proper petition is filed, before it is even approved. Timing and eligibility rules matter a great deal here, so a wrong move can put your status at risk. We handle the transfer petition and confirm you are protected before any job change.
You generally have a grace period of up to 60 days after your job ends to find a new sponsor, change your status, or prepare to depart. That window is short and unforgiving. Acting fast with a lawyer gives you the best chance to file a transfer or a change-of-status petition before your time runs out.
Often, yes. Many HR teams are skilled but not equipped for the legal nuance of specialty-occupation arguments, wage-level strategy, or RFE responses. We work alongside your HR staff, handling the legal side while they manage the business details, so nothing important slips through the cracks.
H-1B legal fees vary based on the case, the employer, and whether it involves a transfer, an extension, or a response to a government challenge. Many firms, including ours, use clear flat-fee arrangements so you know your cost upfront. We explain the fees plainly during your first consultation, before you commit to anything.
Certain costs must legally be paid by the employer, including some government fees and wage-related obligations. Other costs, such as attorney’s fees, can be arranged between the parties, provided the worker’s required wage is protected. We help both sides understand who is responsible for what, so the case stays compliant.
Yes, the H-1B is one of the few work visas that allows “dual intent,” meaning you can pursue permanent residency without harming your status. Many of our clients move from an H-1B to an employment-based green card. Planning that transition early often makes the whole path smoother.
An H-1B transfer moves your existing status to a new employer and usually avoids the cap and selection process entirely. A new cap-subject H-1B, by contrast, must go through registration and selection. This is why workers already in H-1B status often have more flexibility than first-time applicants.
Yes, your spouse and unmarried children under 21 may apply for H-4 status to live in the U.S. with you. In certain cases, some H-4 spouses can also apply for permission to work. We handle the family filings alongside your petition so everyone moves forward together.
For many applicants, yes. Higher costs for some cases, a selection process that favors higher-paid roles, and closer scrutiny have narrowed the odds, especially for entry-level positions. The core requirements are the same, but the margin for error is thinner, which makes careful legal strategy more valuable than ever.
If your registration is not selected, you cannot file a cap-subject petition for that year, but other options may exist. These can include cap-exempt employers such as universities and certain nonprofits, other visa categories, or trying again in the next cycle. We help you look at every realistic path rather than simply waiting a year.
The H-1B has become a higher-cost, higher-stakes path, and the rules are constantly changing. You should have clearer direction and standing, not constant uncertainty or a rushed filing.
At Onal Gallant, we treat your petition like the opportunity it represents. We pressure-test the specialty-occupation argument, set defensible wage levels, and stand ready whenever the government pushes back, from the first registration to your approval and beyond.
Call our New Jersey office at (201) 508-0808 or our Texas office at (281) 909-4030, or reach out through our contact page to speak with an experienced H-1B visa attorney today.
