Trusted H-1B Visa Attorney for Specialty Occupation Petitions

H-1B petitions leave no room for error. Our H-1B immigration lawyers build petition-ready cases that hold up under USCIS scrutiny. Every filing is prepared to be defended, not just submitted.
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Our Approach

The High-Stakes Reality of the H-1B Visa

The H-1B is the primary work visa for foreign professionals in H-1B specialty occupations, fields requiring at least a bachelor’s degree or equivalent expertise. It serves both professionals pursuing U.S. career growth and employers who need to hire foreign nationals with advanced skills. With only 85,000 visas issued each year and demand far exceeding that cap, a single filing error does not just cause a delay. It costs an entire year.

As a trusted immigration law office, the Law Offices of Mary Kennedy work with skilled professionals and IT consulting companies facing the full weight of USCIS scrutiny. Our H-1B immigration lawyers do not just file petitions. We anticipate RFEs, address employer-employee relationship challenges, and build cases designed to hold up under review. Your petition is not just submitted. It is defended.

Eligibility

H-1B Visa: Eligibility Criteria

USCIS holds both applicants and employers to strict standards. Below is what your H-1B specialty occupation petition must demonstrate to qualify.
You will need
  1. Job offer from a U.S. employer for a qualifying specialty occupation
  2. Bachelor’s degree or its equivalent in a field directly related to the role
  3. Job-related knowledge gained through education, training, or professional experience
  4. Sponsorship from a U.S. based employer prepared to file the petition
  5. Labor Condition Application obtained by your employer from the Department of Labor
  6. H-1B cap eligibility unless the petition qualifies as cap-exempt
    Valid U.S. state license or professional certification where the occupation requires it
  7. Maintenance of lawful U.S. immigration status if you are already residing in the U.S.
  8. Prevailing wages paid by your employer for the role in the designated geographic area
Documentation

H-1B Visa: Required Documents

A single missing or inaccurate document is one of the most common reasons H-1B petitions receive a Request for Evidence. Our H-1B visa attorneys have helped hundreds of applicants build complete, accurate submissions from the start.
Applicants will need to submit

Everything USCIS expects from the beneficiary, assembled and cross-checked before filing.

  • Valid Passport
  • Educational Credentials
  • Work Experience Letters
  • Resume / CV
  • Professional Licenses (if applicable)
  • Job Offer Letter
  • Current Visa (if applicable)
  • Previous H-1B Approval Notices (if applicable)
Employers must provide

For employers sponsoring an H-1B petition, the following documents are required:

Our H-1B immigration lawyers guide businesses through all employer document requirements, ensuring each submission meets USCIS standards before filing.

  • Labor Condition Application (LCA)
  • Offer letter and employment contract
  • Company registration documents and organizational details
  • Job Description
  • Evidence of H-1B Specialty Occupation
  • Company tax returns and financial statements
Benefits

H-1B Visa: The Benefits

The H-1B Specialty Occupation Visa does more than authorize work in the USA. For many professionals, it is a direct route to permanent residency, employer flexibility, and a stable future for their families.

No labor certification required

Pathway to U.S. permanent residency

Flexibility to work across U.S. employers and industries

No personal financial investment required

H-4 visas available for spouse and children

Eligible for premium processing

FAQ

Got Questions? We've Got Answers.

How long does the H-1B visa application process take?

Processing timelines vary from case to case. Key factors include USCIS workload, case complexity, and whether premium processing is selected. Standard petitions can take several months. Premium processing requires USCIS to act within a significantly shorter window. Our H-1B visa attorneys ensure all documentation is ready well ahead of your intended employment start date, so filing delays do not set your plans back.

How long can I stay in the USA on an H-1B visa?

The H-1B is initially approved for three years, with the option to extend for another three years. That gives most professionals up to six years of authorized stay. For those actively pursuing permanent residency, extensions beyond six years may be available once specific green card filing milestones are met. Starting that process early keeps more options available.

Can I change employers while on an H-1B visa?

Yes, but it involves more than accepting a new job offer. Under H-1B portability rules, your new employer must file a transfer petition before you begin working for them. Timing is critical. Starting work before the petition is filed puts your legal status at risk. Our H-1B immigration lawyers guide professionals through the transfer process to ensure full compliance at each stage.

What is the H-1B cap and how does the lottery work?

Each year, USCIS makes 65,000 H-1B visas available for bachelor’s degree holders and an additional 20,000 for those holding a U.S. master’s degree or higher. In recent years, registrations have exceeded these limits by hundreds of thousands. When demand outpaces supply, USCIS conducts a random lottery to determine which petitions are eligible for review. A weak or incomplete application in that environment is a wasted chance. Getting the petition right before it enters the lottery is not optional. It is the only strategy that makes sense.

Why do IT consulting firms face extra USCIS scrutiny on H-1B petitions?

USCIS applies heightened scrutiny to IT consulting firms because the employer-employee relationship becomes harder to establish when workers are placed at third-party client sites. Proving genuine employer control in those arrangements is where most petitions face challenges. The most common issues include:

  • Proving the employer retains control over H-1B workers at client worksites
  • RFEs that specifically target consulting arrangements, these require detailed, strategic responses
  • Employment agreements and documentation that must meet USCIS compliance standards from day one

The Law Offices of Mary Kennedy has built a strong record handling petitions and RFE responses for IT consulting firms. Both the employer and the employee are protected at every stage of the process.

Let's move your case forward

Schedule a consultation with our H-1B visa attorney and get a clear, actionable petition strategy built around your specific situation.
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