The H-1B visa is the most widely used professional work visa in the United States. It allows U.S. employers to hire foreign workers in specialty occupations that require a bachelor’s degree or higher in a specific field. Chary Law represents employers and employees through every stage of the H-1B process: cap registration, lottery selection, petition preparation, RFE responses, extensions, transfers, amendments, and the eventual transition to permanent residence.
H-1B status is initially granted for up to three years and may be extended to a total of six years. Beneficiaries with an approved I-140 or a labor certification filed at least 365 days prior may extend beyond the six year cap in one or three year increments under AC21.
Each fiscal year, USCIS makes 65,000 new H-1B visas available under the regular cap, plus an additional 20,000 for holders of U.S. master’s degrees or higher. Cap exempt employers, including institutions of higher education and certain nonprofit research organizations, can file H-1B petitions year round.
Cap subject employers register electronically each March, and selected registrations may file full petitions starting April 1. The full petition includes the LCA, employer support letter, evidence of the specialty nature of the role, and proof of the beneficiary’s qualifications.
Premium processing reduces adjudication time to 15 business days. Once approved, the worker may either change status inside the United States or apply for the H-1B visa at a U.S. consulate. Transfers, amendments, and extensions follow the same petition format.
Spouses and unmarried children under 21 of H-1B workers are eligible for H-4 dependent status. The H-4 visa is one of the more flexible dependent categories when the principal is on a path to permanent residence.
With premium processing, USCIS adjudicates within 15 calendar days. Without premium processing, 2–6 months is common. Once the receipt is issued.
Yes — concurrent H-1B is allowed. Each employer files a separate petition.
Sometimes. A move within the same metropolitan statistical area ("area of intended employment") doesn't require an amendment. A move to a different MSA does. We evaluate before the move, not after.
H-1B fees (attorney and filing) must be paid for by the employer. The employee is only allowed to pay for premium processing. You cannot have an employee pay back the H-1B fees either.
Chary Law guides employers through cap season and supports H-1B workers from selection to green card. Schedule a consultation to discuss your H-1B strategy.
Disclaimer: The information on this page is provided for general informational purposes only and does not constitute legal advice. Immigration law is complex and fact-specific. No attorney-client relationship is formed by reading this content. Results in prior cases do not guarantee future outcomes. Please consult with a qualified immigration attorney regarding your individual circumstances.
