Houston H-1B Visa Lawyers

H-1B Visa Eligibility and Job Requirements 

To qualify for an H-1B visa, the position offered must be in a specialty occupation, defined by U.S. Citizenship and Immigration Services (USCIS) as a job requiring theoretical and practical application of a body of highly specialized knowledge.

A key eligibility requirement is the degree requirement. The position must require at least a bachelor’s degree, or a higher degree such as a master’s, in a specific specialty field. Alternatively, a candidate may demonstrate equivalent experience, generally three years of specialized training or work experience for every year of academic study.

Equivalent Experience vs. Academic Credentials 

USCIS allows foreign nationals to qualify for H-1B status based on equivalent experience in lieu of formal degrees. This means an individual without a higher degree, such as a master’s, can still be eligible if they can document substantial, relevant work experience.

A Houston H-1B visa lawyer will compile and present detailed evidence, such as expert opinions and employment records, to validate equivalent qualifications.

The Employer’s Role in H-1B Sponsorship 

The H-1B process is employer-driven. This means a U.S. employer must make a job offer to a foreign worker and assume the legal responsibility for filing the visa petition. Employers must also complete and submit a Labor Condition Application (LCA) to the Department of Labor before filing the H-1B petition with USCIS.

When an employee transfers to the same employer or seeks an extension, the process is streamlined, but legal obligations still apply. Lamb & Turner advises employers on compliance and strategy to retain talent amid changing circumstances.

Labor Condition Application Process 

The labor condition application serves as a safeguard for both foreign and U.S. workers.

Employers must attest that hiring an H-1B worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. This involves a labor market test and documentation of prevailing wage rates. Our immigration law firm ensures the LCA process is without costly delays.

Application and Filing Procedures 

Once the LCA is certified, the employer may begin filing the H-1B petition with USCIS. Timelines are crucial because of the annual fiscal-year cap, which limits the number of H-1B visas issued.

NOTE: Applications must include supporting documents and the required filing fee.

Premium processing is available for those seeking faster adjudication. By submitting Form I-907 and the appropriate fee, petitioners can request premium processing, which reduces processing time from several months to 15 calendar days.

Understanding the Initial Period and Extensions 

The initial period of H-1B employment is typically three years, extendable to a maximum of six years. Extensions or changes to employment must be properly filed, especially if the worker remains with the same employer. Our H-1B visa lawyers ensure timely filings to maintain uninterrupted legal status.

Nonprofit, Government, and Research H-1B Exemptions 

Certain entities, such as nonprofit organizations, government research organizations, and universities, may qualify for cap-exempt H-1B sponsorship.

These employers are not subject to the annual cap and may file year-round. Lamb & Turner assists qualifying institutions in documenting their eligibility and navigating this specialized pathway.

Dual Intent and the Green Card Transition 

One unique aspect of the H-1B visa is its recognition of dual intent. This means holders can legally pursue permanent residence (a green card) while in non-immigrant status. Our law firm guides clients through employment-based preference petitions, helping them become the principal beneficiary in their transition to long-term U.S. residency.

Initial Consultation and Legal Representation 

During your initial consultation with a Houston H-1B visa attorney, we assess your eligibility, outline the process, and discuss strategy. A retainer agreement formalizes representation, allowing our law firm to begin petition preparation, evidence gathering, and compliance review.

Unique Considerations for New Companies and Foreign Workers

Hiring a foreign worker can be especially complex for a new company. Immigration authorities scrutinize the business’s viability and the legitimacy of the job offer.

Additionally, workers maintaining a foreign residence must show non-immigrant intent while petitioning. Lamb & Turner advises emerging businesses on demonstrating operational capacity and future growth to meet USCIS scrutiny.

FAQ

What is the difference between an H-1B visa lawyer and a general immigration attorney? 

An H-1B visa lawyer focuses specifically on employment-based immigration cases, providing deep knowledge of regulatory trends, adjudication patterns, and employer obligations. In contrast, a general immigration law attorney may handle broader issues like asylum, family-based petitions, or removal defense.

How much does premium processing cost, and is it worth it? 

Premium processing currently costs $2,805. By requesting premium processing, applicants can receive a USCIS decision in 15 days, rather than several months. It is often worth the cost for time-sensitive employment start dates or when responding to Requests for Evidence (RFEs).

Can a foreign worker start working before USCIS approval? 

No, a foreign worker cannot legally begin work solely by filing a petition or receiving a job offer. Employment may begin only after USCIS approval. Starting before USCIS authorization poses significant legal risks for both the employer and the employee.

Contact Houston H-1B Visa Lawyers Today

Lamb & Turner offers the knowledge, experience, and personalized attention your case deserves. Schedule an initial consultation with our law firm to begin your immigration journey with confidence.